Last Will and Testament - Template, Sample Form Online Pro · US-law

LAST WILL AND TESTAMENT OF ________

I, ________, residing at ________, in the City of ________, County of ________, State of ________, being of the age of majority and of sound mind and memory, and not acting under any duress, fraud, menace, or undue influence of any person whomsoever, do hereby make, publish, and declare this to be my Last Will and Testament, hereby expressly revoking all Wills and Codicils heretofore made by me.

ARTICLE I. PRELIMINARY DECLARATIONS

§ 1. Revocation of Prior Wills and Codicils

1. I hereby revoke all Wills, Codicils, and testamentary dispositions of every kind previously made by me, and I declare this instrument to be my Last Will and Testament.

§ 2. Marital Status

2. My present marital status is as follows: ________. The name of my spouse, if any, is ________.

§ 3. Children

3. I have the following living child or children:

________

4. The term "child" or "children" as used in this Will includes the child or children listed above and any child hereafter born to me or legally adopted by me after the execution of this Will.

ARTICLE II. EXECUTOR

§ 4. Definitions

5. The phrase "my Executor" used throughout this Will includes both the singular and the plural number, and both the masculine and feminine gender, as the context may require. The term "Executor" is synonymous with and includes the terms "Executrix," "Fiduciary," and "Personal Representative."

§ 5. Appointment of Executor

6. I nominate and appoint ________ of ________ to serve as the sole Executor of this Will. If ________ should predecease me, or should be unable or unwilling to act or continue to act as my Executor, then I nominate and appoint ________ of ________ to serve as Executor of this Will in the place of ________.

7. To the extent permitted by applicable law, no Executor shall be required to file or furnish any bond, surety, or other security in any jurisdiction.

8. No successor Executor shall be required to inquire into or audit the acts or doings of any predecessor Executor, or to make claim against any such predecessor or their estate.

§ 6. Powers and Duties of Executor

9. I grant to my Executor the following powers and duties, in addition to any powers and elective rights conferred by the laws of the State of ________, by federal law, or by any other provision of this Will, with respect to my estate, which my Executor may exercise as often as required without prior approval of any court:

a. To pay my legally enforceable debts, funeral expenses, and all other expenses incurred in connection with the administration of my estate and any trust created by this Will as soon as practicable after my death. If any real property devised under this Will remains subject to a mortgage at the time of my death, then the devisee taking such mortgaged property shall take it subject to that mortgage and shall not be entitled to have the mortgage discharged out of the residue of my estate;

b. To take all necessary actions to have this Will admitted to probate with as little court intervention or supervision as is permitted under the laws of the State of ________;

c. To exchange, retain, sell, repair, improve, or dispose of any and all personal property belonging to my estate as my Executor deems prudent and necessary, without liability for loss or depreciation;

d. To invest, lease, rent, mortgage, manage, sell, dispose of, or grant options upon, without limitation as to term, and to repair, improve, insure, or otherwise handle any and all real property belonging to my estate as my Executor deems prudent and necessary, without liability for loss or depreciation;

e. To liquidate, purchase, maintain, or convert any investments or securities, and to vote stock or exercise any option concerning any investments or securities, without liability for loss;

f. To open or close investment or bank accounts;

g. To maintain, settle, compromise, abandon, sue upon, defend, or otherwise deal with any claims by or against my estate;

h. To employ and compensate counsel, accountants, and such other persons as may be deemed necessary for the proper administration of my estate, and to delegate authority when such delegation is prudent and beneficial to the trust or estate;

i. To continue to exercise the powers provided in this section, notwithstanding the termination of any trust, until all assets of the trust have been distributed; and

j. Except as otherwise provided in this Will, to act as Trustee by holding in trust the share of any minor beneficiary, to keep such share invested, and to pay the income or principal, or so much of either or both as my Executor considers prudent and necessary, for the maintenance, education, advancement, or benefit of such minor beneficiary, and to pay or transfer the principal of such share, or the amount remaining thereof, to such beneficiary upon attaining the age of majority, or, during the minority of such beneficiary, to any parent or guardian of such beneficiary subject to like conditions, the receipt of any such parent or guardian discharging my Executor.

10. Any Fiduciary serving hereunder shall keep full accounts and shall make and furnish statements of all receipts and disbursements at least annually to all persons then eligible to receive income from my estate or any trust created hereunder, and shall, upon reasonable request of any such person, provide full information as to the condition of my estate, including amounts received and disbursements made.

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12. If a successor Fiduciary is unable or unwilling to serve, they may appoint a successor Fiduciary to serve in their place by a signed instrument delivered to each living beneficiary under my Will, making express reference to this power, and such successor Fiduciary may exercise powers upon a prospective and contingent basis until such appointment becomes effective.

ARTICLE III. DISPOSITION OF ESTATE

§ 7. Specific Gifts

13. To receive a specific gift under this Will, a beneficiary must survive me by thirty (30) days. Any item that fails to pass under a specific gift named herein shall return to the residue of my estate. All property given under this Will is subject to any encumbrances or liens attached thereto.

14. My specific bequests are as follows:

________

§ 8. Distribution of Residue

15. To receive any property or gift under this Will, a beneficiary must survive me by thirty (30) days. Beneficiaries of the residue of my estate shall share in all property and assets that I have not otherwise bequeathed by specific gift or that are not required for the repayment of debts, funeral and burial expenses, expenses of probating this Will, taxes, or any other expenses of administration. All property distributed under this Will is subject to any encumbrances or liens attached thereto.

16. I direct that my Executor distribute the residue of my estate as follows (the "Share Allocations"):

The residue of my estate shall be distributed to any of my then-living children in equal shares. If a child of mine does not survive me, such deceased child's share shall be distributed in equal shares to the children of such deceased child who survive me, by right of representation. If a child of mine does not survive me and has no children who survive me, such deceased child's share shall be distributed in equal shares to my other children, if any, or to their respective children by right of representation. If none of my children survives me, and none of my deceased children are survived by any children, then the residue of my estate shall be distributed to the following alternate beneficiary: ________. If no above-named beneficiary survives me, the residue of my estate shall be distributed to my heirs-at-law, their identities and respective shares to be determined by the intestacy laws of the State of ________.

ARTICLE IV. CHILDREN

§ 9. Guardian for Minor and Dependent Children

17. Should my minor or dependent children require a guardian to care for them in the event of my death, I nominate the following individual to be appointed as their guardian (the "Guardian"):

I nominate ________ of ________ to be the sole Guardian of all my minor and dependent children until they attain the age of majority in the State of ________. If ________ is unable or unwilling to serve as Guardian, I nominate ________ of ________ to serve as Guardian of my surviving children who are minors at the time of my death.

18. To the extent permitted by applicable law, no Guardian shall be required to furnish or file any bond, surety, or other security in any jurisdiction.

ARTICLE V. FUNERAL ARRANGEMENTS

§ 10. Funeral Service

19. The directions in this Article express my wishes and are precatory in nature and shall not be binding upon my Executor. I would like my funeral service to be conducted in accordance with the following wishes:

________

§ 11. Reception or Gathering

20. Following the funeral, I would like my loved ones to gather for a reception.

§ 12. Disposition of Remains

21. I would like my remains to be prepared in the following manner: ________

§ 13. Memorial Contributions

22. In lieu of flowers, I would like memorial contributions to be made to the following charity or organization: ________

ARTICLE VI. PET CARE DIRECTIVE

§ 14. Pet Caretaker

23. If any of my pets are suffering, in poor health, or beyond reasonable treatment at the time of my death, I direct that, in their discretion, my Executor may have my pets humanely euthanized as soon as practicable. All costs relating to the medical care, treatment, and euthanasia of my pets during the period immediately following my death and prior to adoption by a permanent guardian shall be paid out of the residue of my estate.

24. If my Executor is unable, with reasonable effort, to place any of my pets with a suitable caretaker or permanent guardian, I direct that, in their discretion, my Executor may give my pets to a no-kill animal shelter where there is a reasonable likelihood that they will be placed with an alternative permanent guardian.

25. I direct that the below-named pet, should it be alive at the time of my death, be cared for with all the rights and responsibilities of ownership by the individual specified below. If the individual named is unwilling or unable to care for my pet, I direct that my Executor select an appropriate person to accept the pet and act as permanent guardian.

________ shall be cared for by ________ of ________

§ 15. Pet Care Fund

26. I direct that my Executor give $________ (________ dollars) from the residue of my estate to the person who accepts the role of permanent guardian for ________ as a one-time reimbursement for the expense of caring for, feeding, and maintaining the health of my animal.

ARTICLE VII. FORGIVEN DEBTS

§ 16. Personal Debts Forgiven

27. I wish to forgive the following debts owed to me:

________

28. If any portion of the above debts remains outstanding at the time of my death, and the debtors survive me and do not contest my Will in any way, then I release and forgive any remaining portion of those debts, including both principal and interest, and I direct my Executor to cancel and discharge such debt and to deliver to the debtors any and all securities or evidence of the cancellation thereof. Any expenses related to the cancellation of any debt shall be paid out of the residue of my estate. If any debtor does not survive me or contests my Will for any reason, then all obligations associated with such debt shall remain outstanding, and I direct my Executor to collect the debt in full.

ARTICLE VIII. MISCELLANEOUS PROVISIONS

§ 17. Individuals Omitted from Bequests

29. If I have not bequeathed property or any portion of my estate in this Will to one or more of my heirs, such failure is intentional and not the result of any oversight on my part, except as otherwise expressly provided in this Will.

30. I intend to specifically disinherit the following individual or individuals, and I direct that the person or persons named below receive no part of my estate under the terms of this Will:

________

§ 18. No-Contest Provision

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§ 19. Survivorship

32. If any beneficiary and I should die under such circumstances that it is doubtful or impossible to determine which of us died first, then it shall be conclusively presumed for the purposes of this Will that such beneficiary predeceased me, and this Will shall be construed and take effect accordingly.

§ 20. Disputes Between Beneficiaries

33. If any bequest is to be distributed between or among multiple beneficiaries, the specific items of property comprising the respective shares shall be determined by such beneficiaries if they can agree, and, if they cannot agree within a reasonable time, by my Executor.

§ 21. Governing Law

34. This Will shall be governed by, construed, and administered in accordance with the laws of the State of ________.

§ 22. Severability

35. If any provision of this Will is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect to the fullest extent possible.

§ 23. Headings

36. The headings and article titles used in this Will are for convenience of reference only and shall not affect the interpretation of any provision hereof.

IN WITNESS WHEREOF, I have signed my name on this ________ day of ________, ________, in the City of ________, the State of ________, declaring and publishing this instrument as my Last Will and Testament, in the presence of the undersigned witnesses, who witnessed and subscribed this my Last Will and Testament at my request and in my presence. I attest that I have signed this instrument willingly (or willingly directed another to sign on my behalf), that I execute it as my free and voluntary act for the purposes expressed herein, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

______________________________________
________, Testator

SIGNED AND DECLARED by ________ on this ________ day of ________, ________, to be their Last Will and Testament, in our presence, in the City of ________, the State of ________, who at their request, in their presence and in the presence of each other, all being present at the same time, have signed our names as witnesses. We hereby attest that the Testator signs this instrument 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 and Testament 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.

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Witness #1 Signature

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Witness #1 Printed Name

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Witness #1 Street Address

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Witness #1 City, State

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Witness #2 Signature

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Witness #2 Printed Name

___________________________
Witness #2 Street Address

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Witness #2 City, State

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Witness #3 Signature

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Witness #3 Printed Name

___________________________
Witness #3 Street Address

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Witness #3 City, State

SELF-PROVING AFFIDAVIT

STATE OF ________

COUNTY OF ________

Before me, the undersigned authority, on this day personally appeared ________, the Testator, and ________, ________, and ________, the witnesses, whose names are subscribed to the foregoing instrument in their respective capacities, and, all being first duly sworn, the Testator declared to me and to the witnesses, in my presence, that the instrument is the Testator's Last Will and Testament, and that the Testator willingly made and executed it as a free and voluntary act for the purposes therein expressed; and each of the witnesses stated to me, in the presence and hearing of the Testator, that the Testator declared the instrument to be the Testator's Last Will and Testament, and that the Testator executed it as such and wished each of them to sign it as a witness; and that under no constraint or undue influence each of the witnesses signed the Will as a witness in the presence of the Testator and of each other, and that to the best of their knowledge the Testator was, at that time, eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

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________, Testator

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Witness

_________________________________
Witness

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Witness

Subscribed, sworn to, and acknowledged before me by ________, the Testator, and subscribed and sworn to before me by ________, ________, and ________, witnesses, this ________ day of ________, 20________.


(seal)


(signed)___________________________
Notary Public

My commission expires: ________

___________________________
(Official capacity of officer)