Last will and testament sampleforms (46.03 KB)

Q: Why do you need a last will and testament form?

A last will ensures that a testator’s wishes regarding asset distribution is followed and that the state’s intestacy laws do not kick in. Having a last will and testament also ensures that you have chosen the executor of the estate, the person in charge of making sure all your bequests are carried out.

File Name: Last-Will-and-Testament.pdf

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Summary

Last Will and Testament
of
____________________
I, _______________, of ______________, _____________, ____________, ____________, of
sound mind, memory, and understanding and not under undue influence nor constraint, do
hereby make, publish, and declare this to be my Last Will and Testament and hereby revoke any
and all other wills and codicils heretofore made by me

ARTICLE I
Personal Representative
I name and appoint ___________________, of ____________, _____________, ____________,
____________, as the Personal Representative of this Last Will and Testament and shall have
the absolute power and authority to manage my estate. In the event that the Personal
Representative fails to deliver and/or perform, then I appoint ______________ of
____________, ____________, ____________, _____________ to act in the Personal
Representative’s place and stead

ARTICLE II
Expenses and Taxes
I direct that all my debts, last illness, funeral, and burial expenses be paid immediately or
whenever reasonably convenient by my Personal Representative. I hereby authorize my
Personal Representative to settle and dismiss, in their absolute discretion, any rights or claims
against my estate

I further direct that all my inheritance, estate, and other payable taxes be paid by my Personal
Representative in accordance with the federal, state, local, and/or foreign laws

ARTICLE III
Distribution of Property
All the remainder of my estate, whether real, personal, or mixed, notwithstanding its nature or
wherever it is situated at the time of my demise, I give, devise, and bequeath to the following
persons:
1st Beneficiary
_________________, my _____________ of _______________, ____________, ___________,
____________ leave the following property: ______________
2nd Beneficiary
_________________, my _____________ of _______________, ____________, ___________,
____________ leave the following property: ______________
3rd Beneficiary
_________________, my _____________ of _______________, ____________, ___________,
____________ leave the following property: ______________
In the event that any of my beneficiaries predeceases me, then I bequeath all my remaining
estate, whether real, personal, or mixed, notwithstanding its nature or wherever it is situated at
the time of my demise, be divided equally among the remaining beneficiaries

I hereby authorize my Personal Representative to sell any or all of my properties that cannot be
divided equally. I further authorize my Personal Representative to donate any or all my
properties to any charitable organization of their choice and to dispose of any or all of my
properties that can neither be sold nor donated. All expenses incurred by my Personal
Representative shall be considered as administrative expenses

ARTICLE IV
DISCRETIONARY POWERS OF THE PERSONAL REPRESENTATIVE
My Personal Representative shall be allowed to possess and perform the following
discretionary powers without the need to secure a court approval or license:
a. My Personal Representative shall have the right to lease a real estate property of mine under
a set of terms and conditions that they deem appropriate. They can also provide options to
renew, options to term extensions, and options to purchase

b. My Personal Representative shall have the right to settle any claims or taxes, whether in
favor or against me, my estate, or to my Personal Representative

ARTICLE V
UNPAID DEBTS
If any of my beneficiaries to this Will is indebted to me and is validated through a Promissory
Note at the time of my demise, then the beneficiary’s portion of the estate shall be reduced
equal to the amount of such debt

ARTICLE VI
ASSIGNMENT
Any interests of any of the beneficiaries to this Will shall not be assignable, transferable, nor
paid for any existing debts or equity. The interests of any of the beneficiaries shall not be in any
way, controlled nor interfered by spouses or creditors

ARTICLE VII
GOVERNING LAW
This Will shall be governed by the laws of the State of ___________

ADDITIONAL ARTICLES
________________
ARTICLE IX
BINDING AGREEMENT
I, ________________, on this day, _________________ do hereby declare and execute this
document to be my LAST WILL AND TESTAMENT, and that I sign it willingly in the presence of
the undersigned witnesses, and I execute it as my free and voluntary act for the purposes
herein expressed

____________________
TESTATOR’S NAME
The Testator, _______________, has signed, published, acknowledged, and declared this
document to be their LAST WILL AND TESTAMENT, in the presence of us, at their request, we
have hereunto subscribed our names as witnesses on this day _______________

________________ __________________
WITNESSES’ NAME WITNESSES’ ADDRESS
________________ __________________
WITNESSES’ NAME WITNESSES’ ADDRESS
WITNESSES’ AFFIDAVIT
State of ____________
County of ___________
This day, _______________, personally appeared before me, ________________ and
________________, who have previously sworn, testify and declare that:
They are the same persons who subscribed their names as witnesses to the Will of
_______________, on this day, __________________. We hereby certify that that Testator was
of sound mind, memory, was not under duress or undue influence, and that the Testator is
above 18 years old; that the Testator has signed this foregoing instrument as a free and
voluntary act for the purposes stated herein

Taken, subscribed, and sworn to me by the said Testator and the witnesses, this
________________

___________________
NOTARY PUBLIC’S NAME
MY COMMISSION EXPIRES: _________________

Document to be my LAST WILL AND TESTAMENT, and that I sign it willingly in the presence of the undersigned witnesses, and I execute it as my free and voluntary act for the purposes above 18 years old; that the Testator has signed this foregoing instrument as a free and voluntary act for the purposes stated herein. Taken, subscribed, and

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Frequently Asked Questions

Why do you need a last will and testament form?

A last will ensures that a testator’s wishes regarding asset distribution is followed and that the state’s intestacy laws do not kick in. Having a last will and testament also ensures that you have chosen the executor of the estate, the person in charge of making sure all your bequests are carried out.

What to include in your last will and testament?

What you should include in a last will and statement are:

Guardianship : This specifies who takes care of your children after you are gone.
Assets : This tells how your assets will be distributed after your demise. You can create a list that specifies the exact list of items that each beneficiary gets. ...
Real property : This refers to your land, home, or any permanent structure you have. ...

How to locate a persons last will?

How to Find a Will Record Method 1 Method 1 of 4: Obtaining Records in the U.S. Find the deceased person's full legal name. ... Method 2 Method 2 of 4: Finding Will Records in England and Wales. Identify the deceased. ... Method 3 Method 3 of 4: Obtaining a Will in Australia. Find required information. ... Method 4 Method 4 of 4: Finding a Will in Canada. Find out where the person died. ...

What does a last will and testament actually do?

A last will and testament also specifies the person responsible for executing the plan. In essence, a will lets you define your assets, name beneficiaries, including minor children, and appoint someone to oversee the distribution process to ensure its successful.

Last Will And Testament Sampleforms