Last Will & Testament / Pour-Over Last Will & Testament / Testamentary Trust

 

         LAST WILL AND TESTAMENT

Many people believe that if you die without making a Will your assets and personal belongings will automatically go to your husband, wife, domestic partner, children or other surviving family members. However, this is only partially true. They may actually get less than you hoped ... because of the laws governing intestacy.

 

Making a Will, therefore, is an essential step if you want to make sure that your 'estate' is distributed in the way you actually want after your death, and by the executor of your choice.

Some people try to save money by writing their Will themselves. Unfortunately, a badly written Will can cause more problems than having no Will at all!

 

NOTE: THIS SAMPLE FORM IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. LEGAL ADVICE OF ANY NATURE SHOULD BE SOUGHT FROM COMPETENT, INDEPENDENT, LEGAL COUNSEL IN THE RELEVANT JURISDICTION. ABSOLUTELY NO WARRANTIES ARE MADE REGARDING THE SUITABILITY OF THIS FORM FOR ANY PARTICULAR PURPOSE.

 

LAST WILL 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 or lawfully married or having been lawfully married or a member of the armed forces of the United States or a member of an auxiliary of the armed forces of the United States or a member of the maritime service of the United States], and not being actuated by any duress, menace, fraud, mistake, or undue influence, do make, publish, and declare this to be my last Will, hereby expressly revoking all Wills and Codicils previously made by me.

I. EXECUTOR:  I appoint _________________ as Executor of this my Last Will and Testament and provide if this Executor 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. I further provide my Executor shall not be required to post surety bond in this or any other jurisdiction, and direct that no expert appraisal be made of my estate unless required by law.

II. GUARDIAN: In the event I shall die as the sole parent of minor children, then I appoint _________________ Guardian of said minor children. If this named Guardian is unable or unwilling to serve, then I appoint _________________ alternate.

III.  MARITAL STATUS:  I declare that I am married to _________________ [name of spouse ] and that all references in this Will to my _________________ [Husband or wife] are references to _________________ [him or her].

IV.  SIMULTANEOUS DEATH OF SPOUSE:  In the event that my _________________ [wife or husband] shall die simultaneously with me or there is no direct evidence to establish that my _________________ [wife or husband] and I died other than simultaneously, I direct that I shall be deemed to have predeceased my _________________ [wife or husband], notwithstanding any provision of law to the contrary, and that the provisions of my Will shall be construed on such presumption.

V.  SIMULTANEOUS DEATH OF BENEFICIARY:  If any beneficiary of this Will, including any beneficiary of any trust established by this Will, other than my _________________ [wife or husband], shall die _________________ within 60 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.

VI. BEQUESTS:
 

 

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 _________________, at _________________, [State].

 

_________________ [signature ]
_________________ [typed name of testator ]

 

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 on this _________________ day of _________________.

 

_________________ [Signature of Witness #1]
_________________ [Typed name of Witness #1]
_________________ [Address of Witness #1]


_________________ [Signature of Witness #2]
_________________ [Typed name of Witness #2]
_________________ [Address of Witness #2]


_________________ [Signature of Witness #3]
_________________ [Typed name of Witness #3]
_________________ [Address of Witness #3]

 

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C. Francis Baldwin
chasbaldwin@surewest.net
Updated Wednesday, May 26, 2004