Last Will and Testament Template

Free example for married adults with children

Last Will and Testament template

Last Will and Testament
last will and testament template

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Download this free printable Last Will and Testament template for your personal use. This is a Microsoft Word template for married adults with children.

why make a last will and testament

The last will and testament is a document used to legally describe your final wishes. This is used to avoid misconceptions and misassumptions among your beneficiaries regarding your properties once you have passed away. Although people avoid talking about their death, the last will and testament form is very important. This legal document helps a person to assign personal assets and properties to his or her beneficiaries.

Traditionally, people would hire a lawyer to construct their last will and testament form, however, for people with smaller structures and small estates you may be able to write your own will and testament. Other functions of the will include personal instructions, such as not being placed on a respirator or any other life sustaining measures. The instructions written in this document must be followed accordingly.

If you are planning to construct this, you may want to look for a last will and testament form online, such as the sample last will template on this website, or obtain one from your local office supply. Some forms available from your office supplies will have software that generates this form. But before you start writing your will, be sure to consult with a lawyer or check out the law and issues regarding this.

Once you got the last will and testament form, be sure to complete all sections and do not leave any space blank. If you were asked to answer an irrelevant question just put ‘not applicable’ instead of leaving it blank. In most states, you will be required to have at least two witnesses. In addition to their signature, a clause stating that you are in sound mind when you wrote your will is required.

Why make a last will and testament? Because you are preparing for the future. No one lives forever, so preparing for the inevitable is to show astuteness. It pays to be prepared and care for your love ones before it’s too late.

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 _____________________________________________________________, 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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8 Responses to Last Will and Testament template

  1. myrna m cohen says:

    Is there a last will & testament form for unmarried and without children available?

  2. Sandy Ogden says:

    is there a last will and testament form available for download for someone single with no children?

  3. susan kamradt says:

    Thank goodness for what you call free. No strings attached.
    Every site I went to they said it was free and then when you filled out your form
    they get you with a cost.

    Thank you for being honest.

    I will recommend your site to all my friends and family members

  4. Bob Robertson says:

    Is there a template for a widower with adult children please?

    • Roger E Mundinger says:

      Just need a template of a simple will leaving my two married daughters my estate and make them co-executor’s.

  5. alvaro says:

    Is there a template for a divorce with one children?

  6. I’m divorced, and all my children are married and on their own. I’m 70. Is there a form to develop what I want to leave to my children, with a provision for a named administrator? If so, please provide the name/number of such, and where to go to download it…initially as a guide, and then later to develop that information on line to print a formal copy?
    Thank You!
    Respectfully,
    Jim

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