LAST WILL AND TESTAMENT
OF
[INSERT]
DATE:
KNOW ALL MEN BY THESE PRESENTS, THAT I, [INSERT NAME], being of full age and
sound mind and memory, do hereby MAKE, PUBLISH and DECLARE this instrument to be my
LAST WILL and TESTAMENT, hereby revoking all prior Wills, Codicils and other testamentary
dispositions previously made by me.
ARTICLE I. DECLARATIONS
A. DOMICILE AND APPLICABLE LAWS
I declare that I am domiciled in [INSERT] and that in so far as possible the interpretation and
administration of this my Last Will and Testament shall be guided or where applicable governed
by the relevant provisions of the [INSERT].
B. MARITAL STATUS
I declare that I am married as of the date of this Will and Testament and that my Spouse’s name
is [INSERT].
C. CHILDREN
I further declare that as of the date of this Will I have living children whose names are [INSERT].
If subsequent to the execution of this Will there shall be an additional child or children born to or
adopted by me, I direct that such birth or adoption shall not revoke this Will.
If subsequent to the execution of this Will there shall be an additional child or children
(hereinafter “my Children”) born to or adopted by me, I direct that such birth or adoption shall
not revoke this Will and that all references herein to my children and their descendants shall
include both my present children and their descendants and any such after-born children and
their descendants.
ARTICLE II. APPOINTMENT OF EXECUTORS AND TRUSTEES
A. I nominate, constitute and appoint my Spouse of [INSERT ADDRESS] as the Executor
(hereinafter referred to as "my Executor”) of my estate under this Will, hereby giving and
granting unto my said Executor all such power and authority as is allowed in law especially that
of assumption and, reposing special trust and faith in them, direct that no bond or other security
be required for the faithful performance of their duties or, if bond is required, that sureties
thereon be waived.
B. In addition to any other powers that may be conferred by law, I give my Executor under this
Will, including any successor or successors thereto, those powers set forth in the Law.
C. My Executor may from time to time invest in addition to their powers under the general law
the balance of my estate or any part or parts thereof in any way in which they in their absolute
discretion think fit in all respects as if they were the beneficial owners of such monies.
ARTICLE III. APPOINTMENT OF GUARDIAN
If my Spouse predeceases me and if it becomes necessary or desirable that a guardian of my
person, estate and/or my Children be appointed, then it is my wish and direction that any court
having jurisdiction appoints the following person as a guardian.
I direct that no bond or other security shall be required for the faithful performance of their duties
or, if such bond or security is required, that sureties thereon be waived.
ARTICLE IV. DEBTS AND EXPENSES
I authorize my Executor to pay all my just debts as well as my funeral and testamentary
expenses as a first charge of my estate following my death, except that any debt or expense
secured by a mortgage, pledge or similar encumbrance on property owned by me at my death
need not be paid by my estate, but such property may pass subject to such mortgage, pledge or
similar encumbrance.
ARTICLE V. SPECIFIC BEQUEST OF PROPERTY
A. REAL PROPERTY
I give and devise to my Spouse all of my interest in any and all real estate and real estate
maintained by me, whether as a residence (permanent or seasonal) or otherwise, along with all
improvements thereon, subject to any mortgages, liens, or encumbrances, if my Spouse
survives me, unless otherwise transferred or transferable by operation of law or by or through
the terms of a written deed. I bequeath and devise such real estate to my Children in equal
shares, share and share alike, if my Spouse predeceases me.
B. TANGIBLE PERSONAL PROPERTY
A. I give all of the tangible personal property that I may own at the time of my death, which is not
otherwise specifically bequeathed under this Will, including my personal effects, jewelry,
household furniture and furnishings, garden and lawn furnishings and equipment, books, art
objects, hobby equipment and collections, wearing apparel, automobiles, and other personal
articles, to my Spouse for her use and benefit absolutely if she survives me.
B. I bequeath and devise such tangible personal property to my Children in equal shares, share
and share alike, if my Spouse predeceases me. My Executor may dispose of any tangible
personal property, by sale or otherwise, which in the Executor’s judgment or in the judgment of
my Children, should not be retained.
ARTICLE VI: RESIDUARY ESTATE
A. All the rest, residue and remainder of the property that I may own at the time of my death,
both real and personal, of whatever kind and nature and wherever situated, including all
property that I may acquire or become entitled to after the execution of this Will, or other gifts
made by this Will that fail for any reason, but excluding any property over or concerning any
property which I may have any power of appointment (hereinafter referred to as my
"residuary estate"), I give, devise and bequeath to my Spouse, in fee simple, if she survives
me.
B. If my Spouse survives me, but disclaims all or any part of the property constituting my
residuary estate, then I give, devise and bequeath such disclaimed property to all my Children in
equal shares, share and share alike provided that the share of the property to which every child
is entitled to shall be passed to them upon attaining the age of 18 years, subject also to the
provision of Article III of this Will.
C. If my Spouse does not survive me, then I give, devise and bequeath my residuary estate to
all my children in equal shares, provided that the share of the property to which every child is
entitled to shall be passed to them upon attaining the age of 18 years, subject also to the
provision of Article III of this Will.
ARTICLE VII: TAXES
I direct that all estate, inheritance, legacy, transfer, succession and other taxes or duties
(together with interest and penalties thereon, if any) that are levied or assessed upon or with
respect to any property included as part of my gross estate, whether such property passes
under the provisions of this Will or otherwise, shall be paid out of my residuary estate as an
administrative expense.
ARTICLE VIII: PRESUMPTION OF SURVIVORSHIP
A. If my Spouse and I die simultaneously or under such circumstances that make it difficult to
determine who survived whom, it shall be deemed for all purposes of this Will that my Spouse
survived me.
B. No beneficiary under this Will, other than my Spouse, shall be deemed to have survived me
unless such person or entity is also surviving me on the thirtieth day after the date of my death.
ARTICLE IX: BENEFICIARY DISPUTES
A. If any bequest requires that the bequest be distributed between or among two or more
beneficiaries, the specific items of property comprising the respective shares shall be
determined by such beneficiaries, if they can agree, and if not, shall be subject to Arbitration
presided over by [INSERT].
B. I further direct that my estate be settled without the intervention of any court, except to the
extent required by law, and that my Executor settle my estate in such a manner as shall seem
best and most convenient to them, and I hereby empower my Executor to mortgage, lease, sell,
exchange and convey the personal and real property of my estate without an order of court for
that purpose and without notice, approval or confirmation and in all other respects to administer
and settle my estate without the intervention of the court.
ARTICLE X: FORFEITURE PROVISION
If any beneficiary named herein contests the admission of this Will into probate or institutes or
joins in any proceedings as a Plaintiff to contest the validity of this Will or any provision hereof
(except in good faith and with probable cause), then all gifts, bequests and devises to such
beneficiary shall lapse and my estate shall be administered and distributed in all respects as
though such beneficiary had not survived me.
ARTICLE XI: SEVERABILITY
If any provisions of this Will are deemed unenforceable, the remaining provisions shall remain in
full force and effect.
IN WITNESS WHEREFORE I, [INSERT NAME] the Testator herein, have hereunto set my hand
on this [INSERT DATE] declaring this instrument as my last Will and Testament, in the presence
of the undersigned witnesses, who witnessed and attested to this last Will and Testament at my
request and in my presence.
SIGNED by the said}
[INSERT NAME]}
the Testator herein as his LAST WILL and} _______________________________________
TESTAMENT} TESTATOR
In the presence of us both present at the same }
time who at his request in his presence and in }
the presence of each other have hereunto } 1. ___________________________
subscribed our names as witnesses: } WITNESS
}
} 2. ___________________________
} WITNESS
}
}
ACKNOWLEDGEMENT & AFFIDAVIT
STATE OF:
COUNTY OF:
I, the Testator, declare to the officer taking my acknowledgment of this instrument, and to the
subscribing Witnesses, that I signed this instrument as my Last Will & Testament on the date set
forth above.
Signature of
Acknowledged and subscribed before me by the above-named Testator who is personally
known to me or has produced as identification:
——————————————————————————————————————————-
;
and sworn to and subscribed before me by the above named First Witness who is personally
known to me or has produced as identification:
——————————————————————————————————————————-
;
and sworn to and subscribed before me by the above named Second Witness who is personally
known to me or has produced as identification:
——————————————————————————————————————————-
;
and subscribed by me in the presence of the Testator and each of the subscribing Witnesses.
Notary Public
Dated:
(Seal)
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )