LAST WILL AND TESTAMENT
LAST WILL AND TESTAMENT OF
_______________________________________
[Name of Testator]
I, _______________________________________ [Name of
Testator], a resident of ___________________, [State],
being of sound and disposing mind and memory and over
the age of eighteen (18) years, and not being actuated
by any duress, menace, fraud, mistake, or undue influence,
do hereby make, publish and declare the following
to be my Last Will and Testament, revoking all previous
will and codicils made by me.
I. MARRIAGE AND CHILDREN
I declare that I am married to _______________________________________,
and all references in this Will to my _________________
[husband or wife] are references to _________________
[him or her].
I have the following children:
Name: ____________________________________ Birth Date:
__________________
Name: ____________________________________ Birth Date:
__________________
Name: ____________________________________ Birth Date:
__________________
Name: ____________________________________ Birth Date:
__________________
II. EXECUTOR: I appoint my spouse ____________________________________
as Executor of my Last Will and Testament. If my spouse
is unable or unwilling to serve, then I appoint ____________________________________
as alternate Executor.
My Executor shall be authorized to carry out all provisions
of this Will and pay my just debts, obligations and
funeral expenses, except mortgage notes secured by
real estate, as soon as practical.
III. SIMULTANEOUS DEATH OF SPOUSE: If my _________________
[wife or husband] shall die simultaneously with me,
I direct that I shall be deemed to have survived my
_________________ [wife or husband], and that the
provisions of my Will shall be construed on such presumption.
IV. SIMULTANEOUS DEATH OF BENEFICIARY: If any beneficiary
of this Will, other than my _________________ [wife
or husband], shall die within 30 days of my death
or prior to the distribution of my estate, I hereby
declare that I shall be deemed to have survived such
person.
V. BEQUESTS:
I will give the persons named below, if he or she
survives me, the Property described below:
Name: _____________________________________
Address: ___________________________________
Relationship: ________________________________
Property: ___________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Name: _____________________________________
Address: ___________________________________
Relationship: ________________________________
Property: ___________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Name: _____________________________________
Address: ___________________________________
Relationship: ________________________________
Property: ___________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
If a named beneficiary to this Will predeceases me,
the bequest to such person shall lapse, and the property
shall pass under the other provisions of this Will.
If I do not possess or own any property listed above
on the date of my death, the bequest of that property
shall lapse.
VI. ALL REMAINING PROPERTY; RESIDUARY CLAUSE: I give,
devise, and bequeath all of the rest, residue, and
remainder of my estate, of whatever kind and character,
and wherever located, to my _________________ [wife
or husband], provided that my _________________ [wife
or husband] survives me. I make no provision for my
children, knowing that, as their parent, my _________________
[wife or husband] will continue to be mindful of their
needs and requirements. If my _________________ [wife
or husband] does not survive me, then I give, devise,
and bequeath all of the rest, residue, and remainder
of my estate, of whatever kind and character, and
wherever located, to my children per share, but if
any child predeceases me, then his or her share will
pass, per share, to his or her lineal descendants,
natural or adopted, if any, who survive me; but if
there are none, I direct that the share of any child
of mine who shall have died leaving no issue shall
be divided among my surviving children in equal shares.
VII. ADDITIONAL POWERS OF THE EXECUTOR: My Executor
shall have the following additional powers with respect
to my estate, to be exercised from time to time at
my Executor's discretion without further license or
order of any court.
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
VIII. OPTIONAL PROVISIONS: I have placed my initials
next to the provisions below that I adopt as part
of this Will. Any unmarked provision is not adopted
by me and is not a part of this Will.
________ If any beneficiary to this Will is indebted
to me at the time of my death, and the beneficiary
evidences this debt by a valid Promissory Note payable
to me, then such person's portion of my estate shall
be diminished by the amount of such debt.
________ Any and all debts of my estate shall first
be paid from my residuary estate. Any debts on any
real property bequeathed in this Will shall be assumed
by the person to receive such real property and not
paid by my Executor.
________ I direct that my remains be cremated and
that the ashes be disposed of according to the wishes
of my Executor.
________ I direct that my remains be cremated and
that the ashes be disposed of in the following manner:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
________ I desire to be buried in the _____________________________
cemetery in __________________ County, [State].
IX. SEVERABILITY AND SURVIVAL If any portion of my
will shall be held illegal, invalid or otherwise inoperative,
it is my intention that all of the other provisions
hereof shall continue to be fully effective and operative
insofar as is possible and reasonable.
IN WITNESS WHEREOF, I, _______________________________________
[Name of Testator], hereby set my hand to this last
Will, on each page of which I have placed my initials,
on this ________ day of ____________________, 20______
at _____________________________________________________________,
State of [State].
_______________________________________ [Signature]
_______________________________________ [Printed or
typed name of Testator]
_______________________________________ [Address of
Testator, Line 1]
_______________________________________ [Address of
Testator, Line 2]
WITNESSES
The foregoing instrument, consisting of ________ pages,
including this page, was signed in our presence by
_______________________________________ [name of Testator]
and declared by _________________ [him or her] to
be _________________ [his or her] last Will. We, at
the request and in the presence of _________________
[him or her] and in the presence of each other, have
subscribed our names below as witnesses. We declare
that we are of sound mind and of the proper age to
witness a will, that to the best of our knowledge
the testator is of the age of majority, or is otherwise
legally competent to make a will, and appears of sound
mind and under no undue influence or constraint. Under
penalty of perjury, we declare these statements are
true and correct on this ________ day of ____________________,
20______ at _____________________________________________________________,
State of [State].
_______________________________________ [Signature
of Witness #1]
_______________________________________ [Printed or
typed name of Witness #1]
_______________________________________ [Address of
Witness #1, Line 1]
_______________________________________ [Address of
Witness #1, Line 2]
_______________________________________ [Signature
of Witness #2]
_______________________________________ [Printed or
typed name of Witness #2]
_______________________________________ [Address of
Witness #2, Line 1]
_______________________________________ [Address of
Witness #2, Line 2]
_______________________________________ [Signature
of Witness #3]
_______________________________________ [Printed or
typed name of Witness #3]
_______________________________________ [Address of
Witness #3, Line 1]
_______________________________________ [Address of
Witness #3, Line 2] |
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