Last Will and Testament
Last Will and Testament
Last Will and Testament
PRELIMINARY DECLARATIONS
Prior Wills and Codicils
1. I revoke all prior Wills and Codicils.
Marital Status
2. I am married to __________________________ (my "Spouse").
Current Children
3. I have the following living child:
__________________________.
4. The term 'child' or 'children' as used in this Will includes the above listed children and any
children of mine that are subsequently born or legally adopted.
EXECUTOR
Definition
5. The expression 'my Executor' used throughout this Will includes either the singular or plural
number, or the masculine or feminine gender as appropriate wherever the fact or context
so requires. The term 'executor' in this Will is synonymous with and includes the terms
'personal representative', 'executrix' and 'trustee'.
Appointment
6. I appoint my Spouse, __________________________, as the sole Executor of this Will, but
if my Spouse should predecease me, or should refuse or be unable to act or continue to
act as my Executor, then I appoint __________________________ of
__________________________, .............................. to be the sole Executor of this Will
in the place of my Spouse.
7. No bond or other security of any kind will be required of any Executor appointed in this
Will.
Powers of My Executor
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8. I give and appoint to my Executor the following duties and powers with respect to my estate:
a. To pay my legally enforceable debts, funeral expenses and all expenses in connection
with the administration of my estate and the trusts created by my Will as soon as
convenient after my death. If any of the real property devised in my Will remains
subject to a mortgage at the time of my death, then I direct that the devisee taking
that mortgaged property will take the property subject to that mortgage and that the
devisee will not be entitled to have the mortgage paid out or resolved from the
remaining assets of the residue of my estate;
b. To take all legal actions to have the probate of my Will completed as quickly and
simply as possible, and as free as possible from any court supervision, under the
laws of ........................................,
c. To retain, exchange, insure, repair, improve, sell or dispose of any and all personal
property belonging to my estate as my Executor deems advisable without liability
for loss or depreciation;
d. To invest, manage, lease, rent, exchange, mortgage, sell, dispose of or give options
without being limited as to term and to insure, repair, improve, or add to or
otherwise deal with any and all real property belonging to my estate as my
Executor deems advisable without liability for loss or depreciation;
h. To maintain, settle, abandon, sue or defend, or otherwise deal with any lawsuits
against my estate;
j. Except as otherwise provided in this Will, to act as my Trustee by holding in trust the
share of any minor beneficiary, and to keep such share invested, pay the income or
capital or as much of either or both as my Executor considers advisable for the
maintenance, education, advancement or benefit of such minor beneficiary and to
pay or transfer the capital of such share or the amount remaining of that share to
such beneficiary when he or she reaches the age of 18 years or, prior to such
beneficiary reaching the age of 18 years, to pay or transfer such share to any parent
or guardian of such beneficiary subject to like conditions and the receipt of any
such parent or guardian discharges my Executor.
9. The above authority and powers granted to my Executor are in addition to any powers and
elective rights conferred by state or federal law or by other provision of this Will and
may be exercised as often as required, and without application to or approval by any
court.
DISPOSITION OF ESTATE
Specific Bequests
10. To receive a specific bequest under this Will a beneficiary must survive me for thirty (30)
days. Any item that fails to pass to a beneficiary will return to my estate to be included in
the residue of my estate. All property given under this Will is subject to any
encumbrances or liens attached to the property. My specific bequests are as follows:
Distribution of Residue
11. To receive any gift or property under this Will a beneficiary must survive me for thirty (30)
days. Beneficiaries of my estate residue will receive and share all of my property and
assets not specifically bequeathed or otherwise required for the payment of any debts
owed, including but not limited to, expenses associated with the probate of my Will, the
payment of taxes, funeral expenses or any other expense resulting from the
administration of my Will. The entire estate residue is to be divided between my
designated beneficiaries with the beneficiaries receiving a share of the entire estate
residue. All property given under this Will is subject to any encumbrances or liens
attached to the property.
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12. The entire residue of my estate will be transferred to my Spouse, if my Spouse survives me
for thirty (30) full days, for their own use absolutely.
13. If my Spouse is not living on the thirtieth day following my death, I direct my Executor to
divide the residue of my estate into as many equal shares as there shall be children of
mine then alive at my death, subject to the provisions hereinafter specified and to pay and
transfer one such share to each of those surviving children. If any child of mine shall die
before becoming entitled, in accordance with the terms of this Will, to receive the whole
of his or her share of my estate, but such child has a child or children which survive me,
that child of mine shall be deemed to have survived me for the purposes of this division
and the share of that child of mine or the amount remaining thereof shall be distributed
according to the provisions hereinafter provided.
14. If any child of mine shall die before becoming entitled in accordance with the terms of this
Will, to receive the whole of his or her share of my estate, I direct that such share or the
amount remaining of that share will be divided and transferred in equal shares to each of
the surviving children of that deceased child of mine. And if any of such children of my
deceased child dies before receiving the whole of his or her share of my estate, that share
or the amount remaining thereof will be divided in equal shares amongst the surviving
children of that child of mine. But if that deceased child of mine leaves no surviving
children, then that share or the amount remaining of that share will be divided amongst
my surviving children in equal shares.
Wipeout Provision
15. Should my Spouse predecease me, or fail to survive me for thirty (30) full days and should I
leave no children, child, grandchildren or grandchild surviving me, or should they all die
before becoming entitled to receive the whole of their share of my estate, then I direct my
Executor to divide any remaining residue of my estate into one hundred (100) equal
shares and to pay and transfer such shares as follows:
estate, I direct that their share of my estate or the amount remaining of that share
will be divided equally between my Spouse's parents and siblings for their own use
absolutely, if all or any of them is then alive; and
CHILDREN
Guardian for Minor and Dependent Children
16. Should my Spouse not survive me and should my minor or dependent children require a
guardian to care for them, I appoint the following individual to be their guardian (the
'Guardian'):
TESTAMENTARY TRUST
Testamentary Trust For Minor Beneficiaries
17. It is my intent to create a testamentary trust (the "Testamentary Trust") for each minor
beneficiary named in this Will. I name my Executor(s) as trustee (the "Trustee") of any
and all Testamentary Trusts required in this Will. Any assets bequeathed, transferred, or
gifted to a minor beneficiary named in this Will are to be held in a separate trust by the
Trustee until that minor beneficiary reaches the designated age. Any property left by me
to any minor beneficiary in this Will shall be given to my Executor(s) to be managed
until that minor beneficiary reaches the age of 18.
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Trust Administration
18. The Trustee shall manage the Testamentary Trust as follows:
a. The assets and property will be managed for the benefit of the minor until the minor
reaches the age set by me for final distribution;
b. Upon the minor reaching the age set by me for final distribution, all property and
assets remaining in the trust will be transferred to the minor beneficiary as quickly
as possible; and
c. Until the minor beneficiary reaches the age set by me for final distribution, my
Trustee will keep the assets of the trust invested and pay the whole or such part of
the net income derived therefrom and any amount or amounts out of the capital that
my Trustee may deem advisable to or for the support, health, maintenance,
education, or benefit of that minor beneficiary.
19. The Trustee may, in the Trustee's discretion, invest and reinvest trust funds in any kind of
real or personal property and any kind of investment, provided that the Trustee acts with
the care, skill, prudence and diligence, considering all financial and economic
considerations, that a prudent person acting in a similar capacity and familiar with such
matters would use.
20. No bond or other security of any kind will be required of any Trustee appointed in this Will.
Trust Termination
21. The Testamentary Trust will end after any of the following:
a. The minor beneficiary reaching the age set by me for final distribution;
To carry out the terms of my Will, I give my Trustee the following powers to be used in
his or her discretion at any time in the management of a trust created hereunder, namely:
a. The power to make such expenditures as are necessary to carry out the purpose of the
trust;
b. Subject to my express direction to the contrary, the power to sell, call in and convert
into money any trust property, including real property, that my Trustee in his or her
discretion deems advisable;
c. Subject to my express direction to the contrary, the power to mortgage trust property
where my Trustee considers it advisable to do so;
d. Subject to my express direction to the contrary, the power to borrow money where
my Trustee considers it advisable to do so;
e. Subject to my express direction to the contrary, the power to lend money to the trust
beneficiary if my Trustee considers it is in the best interest of the beneficiary to do
so;
f. To make expenditures for the purpose of repairing, improving and rebuilding any
property;
g. To exercise all rights and options of an owner of any securities held in trust;
h. To lease trust property, including real estate, without being limited as to term;
j. To receive additional property from any source and in any form of ownership;
k. Instead of acting personally, to employ and pay any other person or persons,
including a body corporate, to transact any business or to do any act of any nature
in relation to a trust created under my Will including the receipt and payment of
money, without being liable for any loss incurred. And I authorize my Trustee to
appoint from time to time upon such terms as he or she may think fit any person or
persons, including a body corporate, for the purpose of exercising any powers
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n. To pay himself or herself a reasonable compensation out of the trust assets; and
o. To employ and rely on the advice given by any attorney, accountant, investment
advisor, or other agent to assist the Trustee in the administration of this trust and to
compensate them from the trust assets.
The above authority and powers granted to my Trustee are in addition to any powers and
elective rights conferred by statute or federal law or by other provision of this Will and
may be exercised as often as required, and without application to or approval by any
court.
a. Subject to the terms of this Will, I direct that my Trustee will not be liable for any
loss to my estate or to any beneficiary resulting from the exercise by him or her in
good faith of any discretion given him or her in this Will;
c. If any trust condition is held invalid, it will not affect other provisions that can be
given effect without the invalid provision.
GENERAL PROVISIONS
Individuals Omitted From Bequests
23. If I have omitted to leave property in this Will to one or more of my heirs as named above or
have provided them with zero shares of a bequest, the failure to do so is intentional.
Insufficient Estate
24. If the value of my estate is insufficient to fulfill all of the bequests described in this Will then
I give my Executor full authority to decrease each bequest by a proportionate amount.
Additional Provisions
25. ___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
No Contest Provision
26. If any beneficiary under this Will contests in any court any of the provisions of this Will,
then each and all such persons shall not be entitled to any devises, legacies, bequests, or
benefits under this Will or any codicil hereto, and such interest or share in my estate shall
be disposed of as if that contesting beneficiary had not survived me.
Severability
27. If any provisions of this Will are deemed unenforceable, the remaining provisions will
remain in full force and effect.
who witnessed and subscribed this Last Will at my request, and in my presence.
_____________________________
__________________________ (Testator) Signature
________________________ ________________________
Witness #1 Signature Witness #2 Signature
________________________ ________________________
Witness #1 Name (Please Print) Witness #2 Name (Please Print)
________________________ ________________________
Witness #1 Street Address Witness #2 Street Address
________________________ ________________________
Witness #1 City Witness #2 City/
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AFFIDAVIT
I, __________________________, the Testator, sign my name to this instrument this _____ day of
____________________, 20_______, and being first duly sworn, do hereby declare to the undersigned
authority that I sign and execute this instrument as my Last Will and that I sign it willingly (or willingly
direct another to sign for me), that I execute it as my free and voluntary act for the purposes expressed in
the Last Will, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint
or undue influence.
_____________________________
Testator
We, ____________________ and ____________________, the witnesses, sign our names to this
instrument, being first duly sworn, and do hereby declare to the undersigned authority that the Testator
signs and executes this instrument as the Testator's Last Will and that the Testator signs it willingly (or
willingly directs another to sign for the Testator), and that each of us, in the presence and hearing of the
Testator, hereby signs this Last Will as witness to the Testator's signing, and that to the best of our
knowledge the Testator is eighteen (18) years of age or older, of sound mind, and under no constraint or
undue influence.
__________________________ __________________________
Witness #1 Witness #2
CITY OF _____________________________
(Seal)
(Signed) _____________________________
______________________________________
(Official capacity of officer)