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Free Template For Last Will And Testament In 2021

Free Template For Last Will And Testament In Dec 2021

A last will and testament is a legal document that specifies how your property and other belongings should be handled after you pass away. You can include charity gifts and other bequests in your last will and testament. Finally, you can plan how you want your funeral to be conducted and budget for it. You must be of legal age to make or witness a will or serve as an executor. In most states, this is restricted to those aged 18 and up. Georgia (14+) is a significant exception. You can form a will while you're younger in some circumstances, such as if you're in the military or married. If you die without a will, known as dying intestate, your state's rules determine who inherits your property and who cares for your children.

Joan Cornish
Last updated: Oct 11, 2021 | Oct 08, 2021

Table of Contents

A last will and testament is a legal document that specifies how your property and other belongings should be handled after you pass away. You can include charity gifts and other bequests in your last will and testament. Finally, you can plan how you want your funeral to be conducted and budget for it.

You must be of legal age to make or witness a will or serve as an executor. In most states, this is restricted to those aged 18 and up. Georgia (14+) is a significant exception. You can form a will while you're younger in some circumstances, such as if you're in the military or married.

If you die without a will, known as dying intestate, your state's rules determine who inherits your property and who cares for your children.

If you want to decide what happens to your possessions and loved ones when you die, you'll need a last will and testament. A revocable living trust can be used instead of or in addition to a will. It's critical to know the distinctions between a will and a trust, as well as which is best for you.

Is There A Free Will Template And Testament? Here Are 9 Professionally Written Examples

One of the main reasons to use a free last will and testament template is the cost difference. It could cost between $200 and $1000 to employ a lawyer to draft your will. A free final will template is free, and an online service that produces a will for you by leading you through basic questions is significantly less expensive than hiring an attorney. The cost savings are substantial.

free template for last will and testament examples

It's critical to have a final will and testament in place so that your loved ones don't have to deal with legal concerns while grieving the loss of a loved one. It is critical to create a legally void and valid final will and testament. When it comes to legal paperwork, it is usually best to hire a professional or stick to a template exactly. Those will and testament templates have been developed by professionals to ensure that they are legally valid.

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Example 1 free template for last will and testament     

I, ____________________________________________, being of full age and sound mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking and annulling any and all Last Will and Testaments or Codicils at any time heretofore made by me.

                                                                            ITEM I

I direct that all my just debts, secured and unsecured, be paid as soon as reasonable after my death, provided, however, I direct that my Executor may cause any debt to be carried, renewed and refinanced for its repayment as my Executor may deem advisable taking into consideration the best interest of the beneficiaries hereunder.

                                                                        ITEM II

All of the rest and residue of my property, real and personal, of every kind and description and whosesoever situate, which I may own or have the right to dispose of at the time of my death, I give, devise, and bequeath in equal shares to ________________________________________________. Should the preceding person(s) die before me, then I give, devise and bequeath the said property to

 ______________________________________________________________________________ as substitute beneficiary.

                                                                           ITEM III

I direct that my Executor and beneficiaries abide by any written statement or list by me directing the disposition of tangible personal property not specifically disposed of by this Last Will and Testament. This directive is mandatory to the extent allowed by law.

                                                                           ITEM IV

The word "Executor" means the same as "Administrator", "Executrix", or "Personal Representative" and refers to the person who is to administer my estate and carry out the terms of this Last Will and Testament. I hereby name, constitute and appoint ______________________________as my Executor and direct that my Executor shall serve without bond.  Should my Executor be unable or unwilling to serve or continue to serve, then I hereby name, constitute and appoint _________________

 Testator: X________________________________ Witness Initials: ________   ________   

As Successor or Substitute Executor. Whenever the word "Executor" is used in this Last Will And Testament, it shall be taken to include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor or substitute.  Any successor or substitute Executor shall possess all the rights, powers and duties, authority and responsibility conferred upon my Executor named herein.

\ ITEM V

 If any beneficiary and I should die under such circumstances as would render it

Doubtful whether the beneficiary or I died first, then it shall be conclusively presumed for the purposes of this, my Last Will and Testament that said beneficiary predeceased me.

\ EXECUTION

I, _______________________________, the Testator, sign my name to this instrument this

(Date)________________, and being first duly sworn, do hereby declare to the undersigned witnesses and notary public that I sign and execute this instrument as my Last Will and Testament and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.

                                                                                              Testator’s Signature:

 X___________________________________

 We, the witnesses signed below, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned notary public that the Testator signs and executes this instrument as Testator's Last Will And Testament and the Testator signs it willingly, and that each of us, in the presences 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 years of age or

 Testator: X________________________________ Witness Initials: ________   ________   

older, of sound mind, and under no constraint or undue influence.

 Witness Signatures:                                              Witness Address: x__________________________ of _____________________________ x__________________________ of _____________________________ x__________________________ of _____________________________

 STATE OF _____________________ COUNTY OF _____________________

 SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me by the Testator, and subscribed and

sworn to before me by the witnesses, this ______________, 20___.

 ___________________(SEAL)

Notary Public for _____________________

 My Commission Expires: _______________

Example 2 free template for last will and testament     

_______________________________________

[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.

 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 ____________________, 20______ at _____________________________________________________________, 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]

 Example 3 free template for last will and testament     

____________________________________ 

(Full Legal Names)

____________________________________ 

(Identification / Social Security Number/s)

____________________________________

____________________________________ 

(Address)

 1. Declaration

I hereby declare that this is my last will and testament and that I hereby revoke, cancel and annul all wills and codicils previously made by me either jointly or severally. I declare that I am of legal age to make this will and of sound mind and that this last will and testament expresses my wishes without undue influence or duress.

  • Family Details

I am married to _____________________________ hereinafter referred to as my spouse.

I have the following children:

Name: ______________________ Date of Birth _________

Name: ______________________ Date of Birth _________

Name: ______________________ Date of Birth _________

  • Appointment of Executors

3.1.    I hereby nominate, constitute and appoint _________________________ as Executor or if this Executor is unable or unwilling to serve then I appoint _______________________ as alternate Executor.

3.2.    I hereby give and grant the Executor all powers and authority as are required or allowed in law, and especially that of assumption.

3.3.    I hereby direct that my Executors shall not be required to furnish security and shall serve without any bond.

3.4.    Pending the distribution of my estate my Executors shall have authority to carry on any business, venture or partnership in which I may have any interest at the time of my death.

3.5.    My Executors shall have full and absolute power in his/her discretion to insure, repair, improve or to sell all or any assets of my estate, whether by public auction or private sale and shall be entitled to let any property in my estate on such terms and conditions as will be in the best interest of my beneficiaries.

3.6.    My Executors shall have authority to borrow money for any purpose connected with the liquidation and administration of my estate and to that end may encumber any of the assets of my estate.

3.7.    My Executors shall have authority to engage the services of attorneys, accountants and other advisors as he/she may deem necessary to assist with the execution of this last will and testament and to pay reasonable compensation for their services from my estate.

  • Beneficiary

I bequeath the whole of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature to my spouse ________________________.

  • Alternate Beneficiaries

    5.1. Should my spouse not survive me by thirty (30) days I direct that the whole of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature be divided amongst my children named in 2. above in equal shares.

5.2.    I direct that the inheritance devolving upon any of my children under my last will and testament as well as the proceeds, the reinvestment of such proceeds and the income thereon shall be free from the legal effects of any present or future marriage of any of my children, whether in or out of community of property including any accrual system and with or without the presence of any pre-marital agreement.

5.3.    If any of my children are proved to be indebted to me by means of a legal instrument, then his / her share of my estate shall be reduced by the amount of such debt.

5.4.    Should any of my children not survive me and my spouse by 30 (thirty) days I direct that the whole of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature be divided in equal shares between my remaining surviving children.

  • Special Requests

I direct that on my death my remains shall be cremated and all cremation expenses shall be paid out of my estate.

OR

I direct that on my death my remains shall be buried at _______________________ and all funeral expenses shall be paid out of my estate.

  • General

7.1.    Words signifying one gender shall include the others and words signifying the singular shall include the plural and vice versa where appropriate.

7.2.    Should any provision of this will be judged by an appropriate court of law as invalid it shall not affect any of the remaining provisions whatsoever.

 Signed on this _________________ day of _________________20_____ 

at this location _______________________________________ in the presence of the undersigned witnesses.

SIGNED: _______________________________

 WITNESSES

As witnesses we declare that we are of sound mind and of legal age to witness a will and that to the best of our knowledge ____________________, the creator of this will, is of legal age to make a will, appears to be of sound mind and signed this will willingly and free of undue influence or duress. We declare that he / she signed this will in our presence as we then signed as witnesses in his / her presence and in the presence of each other witness, all being present at the same time. 

Under penalty of perjury we declare these statements to be true and correct on this 

________________ day of _________________ 20 __ 

at this location ________________________________.

Witness 1.

Name: ________________________________________

Address: ________________________________________

Signature: ________________________________________

Witness 2.

Name:________________________________________

Address: ________________________________________

Signature: ________________________________________

Example 4 free template for last will and testament                        

I, the undersigned,

(full names) ………………………………………………………………………………………………………

(Identity number) ………………………………………………………………………………………………

of (residential address) ………………………………………………………………………………………

………………………………………………………………………………………………………………

I hereby declare this to be my Will.  I hereby revoke all previous wills or testamentary writings made by me.

I nominate (full name) ………………………………………………………………………………………

(address) …………………………………………………………………………………………………………

………………………………………………………………………………………………………………

to be the Executor of my Estate. Should he/she be unwilling or unable to act

as executor, I nominate (full name) ……………………………………………………………………

(address) …………………………………………………………………………………………………………

………………………………………………………………………………………………………………..

I direct that the executor of my estate shall/shall not be required by the Master of the High Court or other competent authority to give security for proper performance of his duties. (give details of security to be given or draw a line through if not applicable).

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

 Page 1 Signed by TESTATOR: …………………………………………………………………………

WITNESS 1.  ……………………………………  WITNESS 2. ………………………………………

 I direct that my estate shall devolve as follows:

Special Bequests: ………………………………………………………………………………………………

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

After my special bequests I bequeath the residue of my Estate to:

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

In witness whereof I have signed this will in (place) ……………………………………………

………………………………………………………………………………………………………………

on the ………… (day) of …………………… (month)…………………… (year) in the presence of the undersigned witnesses who in my presence and in the presence of each other have signed this will as witnesses.

TESTATOR Signature:  ……………………………………   Date: ………………………………….

WITNESS 1. Name:………………………………………………………………………………………

WITNESS 1.  Signature:………………………………   ID Number: ………………………………

 WITNESS 2.  Name:  ……………………………………………………………………………………

WITNESS 2.  Signature:………………………………   ID Number: ………………………………

Example 5 free template for last will and testament    

1.  DECLARATION. I, [NAME], a legal adult with an address at [ADDRESS], being of competent and sound mind, do hereby declare this to be my last will and testament (hereinafter, “Last Will & Testament”) and do hereby revoke any and all wills and codicils heretofore made jointly or severally by me. I further declare that this Last Will & Testament reflects my personal wishes without any undue influence whatsoever.

2.  BACKGROUND INFORMATION. At the time of this Last Will & Testament, I am married to [NAME OF SPOUSE], and I have [NUMBER] children who are listed as follows:

1.  [CHILD 2 NAME] born [DATE]

2.  [CHILD 1 NAME] born [DATE]

3.  EXECUTOR APPOINTMENT. I hereby nominate and appoint [EXECUTOR 1 NAME] as Executor/Personal Representative of this Last Will & Testament. Should the aforementioned individual be unavailable, unable or unwilling to serve as Executor/Personal Representative when needed, then I nominate and appoint [EXECUTOR 2 NAME] as the alternate Executor/Personal Representative of this Last Will & Testament.  Immediately following my death, the Executor/Personal Representative will be authorized to exercise all provisions of this Last Will & Testament and to use the assets from my estate to make necessary arrangements, without any unnecessary delay, for the payment of personal debts, obligations and funeral expenses.

4.  GUARDIAN APPOINTMENT. In the event I am the sole parent or legal guardian of my non-adult children at the time of my death, then I hereby nominate and appoint [GUARDIAN 1 NAME], an individual with an address at [ADDRESS], as legal guardian of my children.  Should the aforementioned individual be unavailable, unable or unwilling to serve as legal guardian when needed, then I nominate and appoint [GUARDIAN 2 NAME] as the alternate legal guardian of my children.

5.  BEQUESTS & REQUESTS.

1.  After payment of all of personal debts, expenses and liabilities, I request and direct that my property be bequeathed as follows:

I give, devise and bequeath all of the remaining and residual property I have ownership in at the time of my death, whether real property, personal property or both, of whatever kind and wherever situated to [INHERITOR 1 NAME] absolutely and entirely. Should [INHERITOR 1 NAME] not be living, then I give, devise and bequeath all of the remaining and residual property I have ownership in at the time of my death, whether real property, personal property or both, of whatever kind and wherever situated to [INHERITOR 2 NAME] absolutely and entirely.

2.  Upon my death, I direct that my remains:

IN WITNESS WHEREOF, I hereby subscribe my name to this Last Will & Testament, as of the date set forth below, at the address set forth below, in front of the attesting witness who also subscribe their names to this Last Will & Testament below as of the same date, at my request, and in my company.

[NAME]

[ADDRESS WHERE SIGNED]

_________________________________ ______________

SIGNATURE                                                          DATE

 WITNESSES ATTESTATION:

As of the date of [NAME]’s signature above, [NAME] declared to us, the undersigned witnesses, that the foregoing Last Will & Testament, consisting of [NUMBER] pages, including this page, expresses [NAME]’s true and sincerest wishes and will. [NAME] signed this Last Will & Testament in our presence, and then we signed this Last Will & Testament in [NAME]’s presence and in the presence of each other at the address shown immediately above [NAME]’s signature.

[WITNESS 1 NAME] of [ADDRESS]

_________________________________ ______________

SIGNATURE                                                           DATE

[WITNESS 2 NAME] of [ADDRESS]

_________________________________ ______________

SIGNATURE                                                           DATE

[WITNESS 3 NAME] of [ADDRESS]

_________________________________ ______________

SIGNATURE                                                           DATE

Example 6 free template for last will and testament     

___________________

 KNOW ALL MEN BY THESE PRESENTS:

          I, ____________________, of legal age, single (or married to____________), a native of __________, now actually residing at ____________________, being of sound and disposing

 mind and memory, and not acting under influence, violence, fraud or intimidation of whatever kind, do by these presents declare this to be my Last Will and Testament which I have caused to be written in English, the language which is known to me.  And I hereby declare that:

              I.        The following are my children with their addresses:

(names and addresses)

             II.        I give and bequeath to my children _______________, _______________, and _______________, in equal shares, the following properties, real and personal, whatsoever and wheresoever located:

 (Description)

         III.        I designate ______________ as the sole executor of this Last Will and Testament.

 IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of ___________________, 20__, in ______________, Philippines.

 __________________________

        (Signature of Testator)

 ATTESTATION CLAUSE

 We, the undersigned attesting witnesses, whose residences are stated opposite our respective names, do hereby certify: That the testator, __________________, has published unto us the foregoing will consisting of ____ pages numbered correlatively in letters on the upper part of each page, as his/her Last Will and Testament and has signed the same on each and every page thereof on the left margin, in our joint presence, and we, in turn, at his/her request have witnessed and signed the same on each and every page thereof, on the left margin, in the presence of the testator and in the presence of each and all of us. 

 __________________________  

(name and signature of witness)      

________________________________________

(residence) 

 __________________________   

(name and signature of witness)                         

 ________________________________________

(residence) 

 __________________________  

(name and signature of witness)                         

 ________________________________________

(residence)

Example 7 free template for last will and testament     

THIS IS THE LAST WILL AND TESTAMENT of me, ____________________________.

 1. I HEREBY REVOKE all wills and testamentary dispositions of every nature and kind whatsoever by me heretobefore made.

 2. I NOMINATE, CONSTITUTE, AND APPOINT, my husband, ________________________________, to be the sole Executor and Trustee of this my Will. If he is unable or unwilling to act, I THEN NOMINATE, CONSTITUTE AND APPOINT __________________________________ to be the sole Executor and Trustee of this my Will.

 3. I GIVE, DEVISE, AND BEQUEST all my property of every nature and kind and wheresoever situate, including any property over which I may have a general power of appointment to my said Trustee upon the following trusts, namely:

  a) To use his or her discretion in the realization of my estate, with power to my Trustee to sell, call in and convert into money any part of my estate not consisting of money at such time or times in such manner and upon such terms, and either for cash or credit or for part cash and part credit as my said Trustee in his or her absolute discretion may decide upon, or to postpone such conversion of my estate or any part or parts thereof for such length of time as he or she may think best, and I hereby declare that my trustee shall have a separate and substantive power to retain any of my investments or assets in the form existing at the date of my death at his or her absolute discretion without responsibility for loss to the intent that investments or assets so retained shall be deemed to be authorized investments for all purposes of this my Will.

 b) To use his or her discretion in making elections with power to make all such elections as he or she shall deem in his or her absolute discretion to be in the best interests of my estate as a whole, and specifically, and elections as may be necessary under The Income Tax Act and the provisions thereof from time to time in force.

 c) To make any division of my estate or set aside or pay any share or interest therein, either wholly or in part, in the assets forming my estate at the time of my death or at the time of such division, setting aside or payment, and I declare that my trustees shall, in their absolute discretion, fix the value of my estate or any part thereof for the purpose of making any such division. setting aside or payment, and their decision shall be final and binding upon all persons concerned. In fixing the value of the assets of my estate, I direct my Trustee to keep an even hand and I direct them to take into account not only fair market value of capital property but also its adjusted cost base.

d) To make a distribution of assets according to the items of this my Will if, in their opinion, there is no further liability for any taxes even though they have not obtained a clearance. My Trustees may, if they consider it advisable, make any such distribution, and as a condition for so doing shall have the right to ask for and receive signed indemnification from the beneficiaries to whom any such distributions are made.

 e) To pay my just debts, funeral, and testamentary expenses, and all estate, legacy, succession and inheritance taxes and duties (if any), whether imposed by or pursuant to the law of any domestic or foreign jurisdiction whatsoever, that may be payable in connection with the property passing (or deemed to pass by any governing law) on my death or in connection with any insurance on my life or in connection with any gift or benefit given or provided by me either in my lifetime or by the survivorship or by this my Will or any Codicil thereto, and whether such taxes and duties payable in respect of estates or interests which fall into possession at my death or any subsequent time; and I hereby authorize my Trustees to commute or repay any such taxes or duties.

Example 8 free template for last will and testament     

 _____________

I, **, also known as **, a resident of and domiciled in the County of St. Louis, Missouri, make, publish and declare this to be my Last Will and Testament, revoking all wills and codicils at any time heretofore made by me.  

I am married to **.  We were married on _____________.

I have one child.  The name and date of birth is:

**, born _______________

All references in my will to “my child” are references to **.

FIRST:  I direct, but do not require, that the expenses of my last illness and funeral, the expenses of the administration of my estate, and all estate, inheritance and similar taxes payable with respect to property included in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate, without apportionment and with no right of reimbursement from any recipient of any such property.  

SECOND:  I give and bequeath all tangible personal property owned by me at the time of my death, including without limitation personal effects, clothing, jewelry, furniture, fur-nishings, household goods, automobiles and other vehicles, and all rights that I have under any related insurance policies, to my wife **, if she survives me, or if she does not survive me, in accordance with a written statement or list which I intend to prepare and sign, disposing of such property or any part thereof, as permitted by Missouri law.  If I sign more than one such statement or list, the statement or list which bears a date later than that of any other such statement or list shall govern.  I intend to leave such a statement or list at my death, but if no such statement or list is found and identified as such by my personal representative within thirty days after the probate of this will, any such statement or list thereafter found shall be deemed null and void.  In the absence of such a statement or list, or to the extent that such statement or list fails to effectively dispose of any such property for any reason, including the death of any beneficiary, I give and bequeath such property or the portion not effectively disposed of in accordance with the residuary provisions of this Will, as set out below.

THIRD:  I give, devise and bequeath all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, that I own or to which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuary estate"), as follows:  

(a)  If my wife ** survives me, to my wife outright.  

(b)  If my wife does not survive me, then to my son/daughter if he/she survives me, or if he/she does not survive me to any then living issue of my son/daughter, in equal shares per stirpes.  

(c)  If my wife does not survive me and there shall be no issue of mine then living, I give, devise and bequeath my residuary estate to those who would take from me as if I were then to die without a will, unmarried and the absolute owner of my residuary estate, and a resident of the State of Missouri.  

FOURTH:  If any property of my estate vests in absolute ownership in a minor or incompetent, my personal representative, at any time and without court authorization, may:  distribute the whole or any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or distribute the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiary resides.  Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my personal representative from any liability with respect thereto, even though my personal representative may be such person.  If such beneficiary is a minor, my personal representative may defer the distribution of the whole or any part of such property until the beneficiary attains the age of twenty-one (21) years, and may hold the same as a separate fund for the beneficiary with all of the powers described in Article SIXTH hereof.  If the beneficiary dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary.   

FIFTH:  I appoint my wife ** to be my personal representative.  If my wife does not survive me, or shall fail to qualify for any reason as my personal representative, or having qualified shall die, resign or cease to act for any reason as my personal representative, I appoint ** as my personal representative.  If my estate is administered in the State of Missouri, I authorize my personal representative to administer my estate independently pursuant to the provisions of the laws of Missouri.  The decision to administer my estate independently or under court supervision shall be made solely by my personal representative.  I direct that no personal representative shall be required to file or furnish any bond, surety or other security in any jurisdiction.  

SIXTH:  I grant to my personal representative all powers conferred upon personal representatives and executors wherever my personal representative may act.  I also grant to my personal representative power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any property to secure loans; to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ attorneys, accountants and other persons for services or advice.  The term "personal representative" wherever used herein shall mean the personal representatives, executors, executor, executrix or administrator in office from time to time.  

SEVENTH:  I direct that for purposes of this will a beneficiary shall be deemed to predecease me unless such beneficiary survives me by more than thirty days.  If my wife and I die under circumstances in which the order of our deaths cannot be established, my wife shall be deemed to have survived me.

EIGHTH:  My personal representative shall have all the power and authority necessary to authorize an autopsy, make a disposition of a part or parts of my body and direct the disposition of my remains.

IN WITNESS WHEREOF, I, **, sign my name and publish and declare this instrument (consisting of __ pages, including this page) as my last will and testament this ___ day of  ______, 2010.  I also have affixed my initials on the bottom of each of the preceding pages hereof.  

___________________________________

**, Testator

Example 9  free template for last will and testament     

_______________________________________

[Name of Testator]

I, _______________________________________ [Name of Testator], a resident of ___________________, Georgia, 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.  MARRIAGE AND CHILDREN

 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: ____________________________________ Date of Birth: __________________

Name: ____________________________________ Date of Birth: __________________

Name: ____________________________________ Date of Birth: __________________

Name: ____________________________________ Date of Birth: __________________

II.  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.

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

 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 survived 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 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.

 VI.  BEQUESTS:

I will, give, and bequeath unto 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: ___________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

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.

VII.  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, then his or her share will lapse and pass equally as part of the shares of my other named children; but if none of my named children survives me or leaves a lineal descendant who survives me, then according to the order of intestate succession in the State of Georgia.

VIII.  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. 

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

IX.  WAIVER OF BOND, INVENTORY, ACCOUNTING, REPORTING AND APPROVAL:   My Executor and alternate Executor shall serve without any bond, and I hereby waive the necessity of preparing or filing any inventory, accounting, appraisal, reporting, approvals or final appraisement of my estate. I direct that no expert appraisal be made of my estate unless required by law.

X.  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, Georgia.

 XI.  CONSTRUCTION:  The term "testator" as used in this Will is deemed to include me as Testator or Testatrix. The pronouns used in this Will shall include, where appropriate, either gender or both, singular and plural. 

 XII.  SEVERABILITY AND SURVIVAL:  If any part of this Will is declared invalid, illegal, or inoperative for any reason, it is my intent that the remaining parts shall be effective and fully operative, and that any Court so interpreting this Will and any provision in it construe in favor of survival.

 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 Georgia.

  

_______________________________________ [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 ____________________, 20______ at _____________________________________________________________, State of Georgia.

  

_______________________________________ [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]

free template for last will and testament sign pen paper

Who Are The Parties In A Last Will And Testament?

In a Last Will and Testament, there are many different parties, each with their own role.

A testator or testatrix is the person for whom the Will is being written and whose property will be dispersed once they pass away.

Executor or personal representative: An executor, also known as a personal representative, is the person named by the testator or testatrix to carry out the testator's or testatrix's decisions regarding the distribution of the estate. Your executor cannot, in most cases, be a juvenile or someone who has been convicted of a crime. You may have more than one executor, and you should have an alternate executor in case your first choice is unable to carry out your estate plans due to unforeseen circumstances.

Beneficiary: A beneficiary is a person who will get a portion or the entirety of your estate. You have the option of naming several beneficiaries and dividing your assets however you see fit.

A guardian is someone you choose to look after your underage or dependent children after you pass away.

Pet caretaker: If you have pets, a pet caretaker is someone you name to look after them after you die.

When choosing an executor, guardian, or pet caretaker, make sure they are trustworthy and capable of handling the responsibility of managing your affairs after you pass away. Before you choose someone, be sure they're willing to be a part of your last will and testament

Can I Just Write A Will Myself?

Writing a will, whether you do it yourself or employ a lawyer, is not a pleasurable experience. Nobody wants to think about their own mortality. In fact, according to an AARP poll, two out of every five Americans over the age of 45 do not have a will. It is, however, a significant favor you can do for your family. The period following your death will undoubtedly be difficult for them, and having a well-written will will help them avoid legal and financial issues.

You do not need to hire an attorney to prepare your will. It's absolutely legal to write your own will, and there are a variety of things available to assist you, ranging from software to will-writing kits to a packet of forms available at your local pharmacy. These do-it-yourself (DIY) solutions can be a suitable fit for someone with a very simple estate, such as one or two beneficiaries and no large assets to worry about, like as a house.

If you have a difficult or valuable estate, however, you should obtain legal advice. Writing your will yourself and then hiring a lawyer to evaluate it and provide recommendations is one approach to ensure that it is properly written while minimizing costs. Otherwise, you could go to the trouble of creating a will only to have your beneficiaries discover (too late) that it is invalid.

How Can I Make My Own Will For Free?

Here are 7 Super Simple Steps To Completing Your Free Template For Last Will And Testament!

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1. Include personal identifying information.

 You must ensure that there is no doubt that the Will you are forming is yours. You will be able to fill in your name and address on most free Will forms, but you should also enter your social security number and/or driver's license number.

 The insertion of these crucial pieces of information establishes that the Will is yours. If your form does not have a designated spot for this information, write it in next to your name and address.

2. Include a statement about your age and mental status.

 Again, the free template for last will and testament will have included this information in the standard verbiage; all you need to do now is double-check that it is correct. It's normally found after your name in the first paragraph.

 If your template does not include a statement stating that you are of legal age and in good health, please fill one in or download a new one.

3. Designate an executor

 Your executor is the person you entrust with reading your Will and carrying out your ultimate desires. This should be somewhere in the typical verbiage of a free Will form, and it should contain a space for you to enter in the name of your executor.

4. Decide who will take care of your children

 If you have minor children at home, have a plan for who will look after them while you are gone. Fill in the name of the person(s) you are designating to care for your minor children after you have died away in the paragraph of the form that deals with minor children's care.

It's also crucial to make sure you and your designee have discussed your wishes and are on the same page before naming them in your Will. Now is the time to phone or text message them!

5. Choose your beneficiaries

 In your free template free last will and testament form, you will have the opportunity to list the specific property and who will get these items when you pass on. If you have specific wishes for certain personal goods, it is critical that you list them here, since if you don't, such possessions may end up in the wrong hands.

 Making sure you write what assets you want to transfer to which persons in your Will will help you avoid a lot of family friction. Add a second piece of paper if your free Will form runs out of space.

6. List your funeral details

 Another crucial component of your Will is that it will assist your family members in dealing with your death arrangements. You should go to a funeral home and make a list of everything that has to be decided when you die so that it can be handled in your Will.

 This will ensure that your final wishes are carried out and that your mourning family members are relieved of the burden. This is also the place where you can make end-of-life requests, such as whether you want to be kept alive by artificial means, and so on.

7. Sign and date your Last Will and Testament.

 This should be done in the presence of two witnesses, as they will be required to sign the Will as well. Unless you want this person to be a witness, you won't need a notary to sign it.

 If you anticipate there will be some controversy about your ultimate desires, having a notary sign the will might be extremely beneficial. Remember that your witnesses cannot be designated as beneficiaries in your Will, so choose them wisely.

What You Should Never Put In Your Will?

  •  Some property types include regulations that govern what happens after you pass away. Because the nature of these types of properties is to name a beneficiary or avoid probate, these requirements are independent of your will.
  • Avoid Leaving Funeral Instructions When Making a Will
  • Avoid Using a Will to Escape Estate Taxes
  • Wills Do Not Escape Probate
  • Be Careful With What conditions You Put on Gifts
  • Avoid Leaving Gifts or Money for Illegal Purposes
  • Do Not Arrange Care for a Special Needs Person When Making a Will
  • Avoid Leaving Gifts to Pets in a Will 

What Would Make A Will Invalid?

When it comes to making a will, there are a few things to keep in mind to guarantee that your will is legitimate. Find out more information here.

A will is a final act that guarantees your legacy is secured and passed on to loved ones in the way you intended. Our top concern at Trust & Will is to assist you in drafting a Will (or, of course, a Trust) that is as complete, secure, and legally binding as possible. To do so, you'll need to understand what makes a will invalid (as well as what makes a will legal) so you can avoid frequent traps.

It would be dreadful if your partner or children tried to access your Will only to discover that it was invalid. In a different scenario, what if they had reason to suspect foul play? Make sure you understand the eight most common ways a Will can become invalid so you can ensure that yours is safe, secure, and effective.

  • Creating Your Will Without Any Witnesses Present

In some places, if you draft a handwritten Will without any witnesses present at the moment of signing, it may be void. This sort of will is usually referred to as a "holographic" Will, and it is an alternative to a lawyer-drafted Will.

Make careful to double-check whether a Will written without the presence of witnesses is legal in your state. Even if it is allowed in your state, it must still meet certain criteria in order to be declared valid. We recommend that you make your Will through a professional business, such as a lawyer or a service like Trust & Will, to be safe rather than sorry.

  • Creating Your Will Without Proper Witnesses Present

It's also crucial to discuss who qualifies as a proper witness. A “proper” witness in most states is someone over the age of 18. Most states also need the presence of two or three qualified witnesses.

They must both physically see the Will being signed and swear to the individual signing the Will being of sound mind. The idea is to have many witnesses who can attest to the fact that you signed the paper willingly, with sound mind, and without any duress.

  • Not Including All Assets in Your Will

Although failing to include all assets in a Will does not make it invalid, it does reduce its effectiveness. Create an extensive inventory of all of your assets to increase the overall efficacy, and thus legitimacy, of your Will.

These assets could include money, real estate, or even personal belongings. Of course, you don't have to add those worn-out socks that no one in your family wants. However, even personal items that have sentimental value for someone in your family should be carefully considered. After all, these are priceless mementos of your life.This demonstrates how the popular belief that Wills are only for the wealthy is false. We are all wealthy in terms of sentimental value and recollections. Make your Will as complete as possible to protect your loved ones' hearts and well-being.

  • Not Including Clear Directions in Your Will

A strong Will contains clear and straightforward instructions for a variety of circumstances that could occur. For example, if you become medically or otherwise handicapped, you could include instructions with your intentions. You could also provide instructions for how you want your end-of-life celebrations to go. 

Whatever the situation, your loved ones will be eternally grateful if you include precise instructions. This is especially true when people are trying to manage a stressful responsibility while grieving. A Will won't be invalidated if explicit directives aren't included, but it will surely cause a lot of uncertainty. Make sure to safeguard your loved ones and assist in the proper execution of your intentions by adding clear and unambiguous directions for potential scenarios.

  • Not Following Your State’s Will Provisions

We've already seen a few examples of provisions that differ from state to state in this article. One of them was the question of whether or not a holographic will is legal in different states. Another was the definition of a proper witness and the number of witnesses that must be present.

Every state has its own rules and preferred language for writing and validating a Will. Make certain to adhere to them! One of the simplest ways to invalidate your will is to not follow your state's particular Will regulations. Make sure your Will complies with your state's standards, if you haven't previously. This is especially true if you have recently relocated or want to relocate.

  • Will Is Not Up to Date With Legal Rights

Have your legal rights lately changed? If you're unsure, consider the following common changes that will affect your legal rights:

  • Getting a divorce
  • Legally separating from a partner
  • Getting married
  • A change in financial circumstances, such as a bankruptcy
  • The death of one of your beneficiaries, or your spouse
  • Additions to the family, such as children or grandchildren

If any of the above possibilities apply to you, it's a good idea to revise your Will with the help of a lawyer. You want to ensure sure your Will is always up to date in terms of your legal rights, which are subject to change over time and as life events occur.It would be a tragedy if your Will came into play and turned out to be invalid because you never updated it.

  • Not Destroying Previous Wills (or Drafts)

It's all about document management at this stage. When working with numerous copies or drafts of your Will, things can rapidly become confused and convoluted. Discard any copies of prior versions of your Will, including drafts, to ensure that your most recent version of your Will is legitimate.

This is significant because it eliminates the potential that an earlier version of your May will be discovered and utilized mistakenly. Assist your loved ones by ensuring that the version of your Will they find is the proper one!

  • Questionable Testator Competence

Wills are frequently contested in legal courts on the grounds that the testator's capacity was lacking.

The term "testator" refers to the person who writes and signs the will. A reasonable belief in the testator's mental capacity is required. To put it another way, was the individual of sound mind when they made and signed their will?

To be eligible to write a will in some states, testators must pass a minimal competency exam. The test will ask the testator a series of questions to ensure that they have a firm grasp of personal data, such as:

  • What property they own
  • Who their relatives are, including name and relationship
  • Relationship with beneficiaries that were chosen
  • What the will says and means

It is still feasible to establish a Will if you are concerned about dementia, Alzheimer's, or other sorts of impairments. To produce adequate documents, you might engage with a professional or an attorney.

This also opens up a wonderful conversation about the importance of creating a Trust or Will as soon as possible. It's never too early to start, and it'll assist ensure that your mental capacity isn't questioned.

Canada Free Last Will And Testament Template

A Will does not have to follow any precise format or contain any specific words in order to be legitimate. The document must, nevertheless, reveal the testator's intention in making property dispositions that would take effect after his or her death.

 A standard Will directs that all of the estate's debts, including taxes, be paid first (although they are payable anyway). It identifies one or more executors who will be in charge of running the estate, as well as the powers that the executor(s) will have in doing so. It may or may not provide for their compensation, in which case compensation is regulated by common law. A Will then specifies any specific property or monetary donations that are to be made. The residue of the estate is what's left after all of the specific gifts have been made and all obligations have been paid.

A residue clause in a will should describe how the residue should be dispersed. The residue is often the most valuable element of an inheritance, but its worth is decided by the testator's assets and debts at the time of his or her death, and cannot be determined at the time the Will is written. The lower the residue, the larger the specific gifts or debts.

A Will must be signed by the testator and two witnesses in the presence of each other for it to be formally valid. The witnesses are not allowed to benefit from the Will. Most wills are written in this manner.

In Canada, inheritance law is constitutionally a provincial matter. Therefore, the laws governing inheritance in Canada are legislated by each province and territory.

Alberta: Wills and Succession Act (RSA 2010, Chapter W-12.2)

British Columbia: Will, Estates and Succession Act (RSBC, c 13)

Manitoba: The Wills Act (CCSM, c W150)

Northwest Territories: Wills Act (RSNWT 1988, c W-5)

Nunavut: Wills Act (RSNWT 1988, c W-5)

Ontario: Succession Reform Act (SO 2000, c 41)

New Brunswick: Wills Act (RSNB 1973, c W-2)

Saskatchewan: Wills and Succession Act (SA 2010, W-12.2)

Yukon: Wills Act (RSY 2002, c 230)

Nova Scotia: Intestate Succession Act (RS, c 236)

Newfoundland and Labrador: Intestate Succession Act (RSNL 1990, c I-21)

Prince Edward Island: Probate Act (RSPEI 1988, c P-21)

Texas Free Template For Last Will And Testament

The Texas Last Will and Testament is a legal estate-planning document that reflects a testator's (the person to whom the will belongs) final wishes regarding their assets and how it should be dispersed among beneficiaries following death. A will allows the testator to specify who will receive specific assets and property, such as real and personal property, fiduciary assets, insurance policies, other financial accounts, and a variety of other items.

Spouses, children, acquaintances, blood relatives, and even charitable organizations are common beneficiaries of a testator's will. The testator, on the other hand, can name any person or entity as a beneficiary of their estate in their will. Will documents in Texas need the presence of two (2) witnesses at the moment of execution and signing; both witnesses must sign the will to confirm their acknowledgement of the testator's signature. A testator can also have the paper notarized, which adds an added degree of legal protection. Wills can be modified or cancelled by the testator at any time as long as he or she is of sound mind.

Example free template for last will and testament     

___________________________________

I, ________________________, resident in the City of ____________________, County of ____________________, State of Texas being of sound mind, not acting under duress or undue influence, and fully understanding the nature and extent of all my property and of this disposition thereof, do hereby make, publish, and declare this document to be my Last Will and Testament, and hereby revoke any and all other wills and codicils heretofore made by me.

I.             EXPENSES & TAXES

I direct that all my debts, and expenses of my last illness, funeral, and burial, be paid as soon after my death as may be reasonably convenient, and I hereby authorize my Personal Representative, hereinafter appointed, to settle and discharge, in his or her absolute discretion, any claims made against my estate.

I further direct that my Personal Representative shall pay out of my estate any and all estate and inheritance taxes payable by reason of my death in respect of all items included in the computation of such taxes, whether passing under this Will or otherwise. Said taxes shall be paid by my Personal Representative as if such taxes were my debts without recovery of any part of such tax payments from anyone who receives any item included in such computation.

II.            PERSONAL REPRESENTATIVE

I nominate and appoint ________________________, of ___________________________, County of ________________________, State of ______________________________ as Personal Representative of my estate and I request that (he/she) be appointed temporary Personal Representative if (he/she) applies. If my Personal Representative fails or ceases to so serve, then I nominate _____________________________of __________________________, County of ____________________________, State of ______________________ to serve.

III.          DISPOSITION OF PROPERTY

I devise and bequeath my property, both real and personal and wherever situated, as follows:

1st Beneficiary

_______________________ [full name], currently of _______________________ [address], as my _______________________ [relation] whose last four (4) digits of their Social Security Number (SSN) are xxx-xx-_____ with the following property:

______________________________________________________________________

2nd Beneficiary

_______________________ [full name], currently of _______________________ [address], as my _______________________ [relation] whose last four (4) digits of their Social Security Number (SSN) are xxx-xx-_____ with the following property:

______________________________________________________________________

3rd Beneficiary

_______________________ [full name], currently of _______________________ [address], as my _______________________ [relation] whose last four (4) digits of their Social Security Number (SSN) are xxx-xx-_____ with the following property:

______________________________________________________________________

If any of my beneficiaries have pre-deceased me, then any property that they would have received if they had not pre-deceased me shall be distributed in equal shares to the remaining beneficiaries.

If any of my property cannot be readily sold and distributed, then it may be donated to any charitable organization or organizations of my Personal Representative’s choice.  If any property cannot be readily sold or donated, my Personal Representative may, without liability, dispose of such property as my Personal Representative may deem appropriate. I authorize my Personal Representative to pay as an administration expense of my estate the expense of selling, advertising for sale, packing, shipping, insuring and delivering such property.

IV. OMISSION

Except to the extent that I have included them in this Will, I have intentionally, and not as a result of any mistake or inadvertence, omitted in this Will to provide for any family members and/or issue of mine, if any, however defined by law, presently living or hereafter born or adopted.

V. BOND

No bond shall be required of any fiduciary serving hereunder, whether or not specifically named in this Will, or if a bond is required by law, then no surety will be required on such bond.

VI. DISCRETIONARY POWERS OF PERSONAL REPRESENTATIVE

My Personal Representative, shall have and may exercise the following discretionary powers in addition to any common law or statutory powers without the necessity of court license or approval:

A. To retain for whatever period my Personal Representative deems advisable any property, including property owned by me at my death, and to invest and reinvest in any property, both real and personal, regardless of whether any particular investment would be proper for a Personal Representative and regardless of the extent of diversification of the assets held hereunder.

B.    To sell and to grant options to purchase all or any part of my estate, both real and personal, at any time, at public or private sale, for consideration, whether or not the highest possible consideration, and upon terms, including credit, as my Personal Representative deems advisable, and to execute, acknowledge, and deliver deeds or other instruments in connection therewith.

C.    To lease any real estate for terms and conditions as my Personal Representative deems advisable, including the granting of options to renew, options to extend the term or terms, and options to purchase.

D.    To pay, compromise, settle or otherwise adjust any claims, including taxes, asserted in favor of or against me, my estate or my Personal Representative.

E.    To make any separation into shares in whole or in part in kind and at values determined by my Personal Representative, with or without regard to tax basis, and to allocate different kinds and disproportionate amounts of property and undivided interests in property among the shares.

F.     To make such elections under the tax laws as my Personal Representative shall deem appropriate, including elections with respect to qualified terminable interest property, exemptions and the use of deductions as income tax or estate tax deductions, and to determine whether to make any adjustments between income and principal on account of any election so made.

G.    To make any elections permitted under any pension, profit sharing, employee stock ownership or other benefit plan.

H.    To employ others in connection with the administration of my estate, including legal counsel, investment advisors, brokers, accountants and agents and to pay reasonable compensation in addition to my Personal Representative’s compensation.

I.      To vote any shares of stock or other securities in person or by proxy; to assert or waive any stockholder’s rights or privilege to subscribe for or otherwise acquire additional stock; to deposit securities in any voting trust or with any committee.

J.     To borrow and to pledge or mortgage any property as collateral, and to make secured or unsecured loans. My Personal Representative is specifically authorized to make loans without interest to any beneficiary hereunder. No individual or entity loaning property to my Personal Representative or trustee shall be held to see to the application of such property.

K.    My Personal Representative shall also in his or her absolute discretion determine the allocation of any GST exemption available to me at my death to property passing under this Will or otherwise. The determination of my Personal Representative with respect to any elections or allocation, if made or taken in good faith, shall be binding upon all affected.

VII.        CONTESTING BENEFICIARY

If any beneficiary under this Will, or any trust herein mentioned, contests or attacks this Will or any of its provisions, any share or interest in my estate given to that contesting beneficiary under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased me.

VIII.   GUARDIAN AD LITEM NOT REQUIRED

I direct that the representation by a guardian ad litem of the interests of persons unborn, unascertained or legally incompetent to act in proceedings for the allowance of accounts hereunder be dispensed with to the extent permitted by law.

IX.          GENDER

Whenever the context permits, the term “Personal Representative” shall include “Executor” and “Administrator,” the use of a particular gender shall include any other gender, and references to the singular or the plural shall be interchangeable. All references to the Internal Revenue Code shall mean the Internal Revenue Code of 1986 or any successor Code. All references to estate taxes shall include inheritance and other death taxes.

X.           ASSIGNMENT

The interest of any beneficiary in this Will, shall not be alienable, assignable, attachable, transferable nor paid by way of anticipation, nor in compliance with any order, assignment or covenant and shall not be applied to, or held liable for, any of their debts or obligations either in law or equity and shall not in any event pass to his, her, or their assignee under any instrument or under any insolvency or bankruptcy law, and shall not be subject to the interference or control of creditors, spouses or others.

XI.          GOVERNING LAW

This document shall be governed by the laws in the State of Texas.

XII.        BINDING ARRANGEMENT

Any decision by my Personal Representative with respect to any discretionary power hereunder shall be final and binding on all persons interested. Unless due to my Executor’s own willful default or gross negligence, no Executor shall be liable for said Executor’s acts or omissions or those of any co‑Executor or prior Executor.

I, the undersigned ________________________, do hereby declare that I sign and execute this instrument as my last Will, that I sign it willingly in the presence of each of the undersigned witnesses, and that I execute it as my free and voluntary act for the purposes herein expressed, on this ____ day of ________________, 20____.

 

________________________________  ___________________________________

Testator Signature                                   Testator (Printed Name)

 

The foregoing instrument, was on this ____ day of ________________, 20____, subscribed on each page and at the end thereof by ________________________, the above-named Testator, and by (him/her) signed, sealed, published and declared to be (his/her) LAST WILL AND TESTAMENT, in the presence of us and each of us, who thereupon, at (his/her) request, in (his/her) presence, and in the presence of each other, have hereunto subscribed our names as attesting witnesses thereto.

 

________________________________      ___________________________________

Witness Signature                                   Address

________________________________  ___________________________________

Witness Signature                                   Address

 

TESTAMENTARY AFFIDAVIT

STATE OF ____________________

COUNTY OF __________________, SS.

         Before me, the undersigned authority, on this day personally appeared ___________, testator, ____________________, witness and ___________________, witness, known to me to be the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, and, all of these persons being by me duly sworn, the testator declared to me and to the witnesses in my presence that the instrument is the testator’s last will and that the testator  has willingly signed or directed another to sign for him/her, and that the testator executed it as the testator’s free and voluntary act for the purposes therein expressed; and each of the witnesses stated to me, in the presence of the testator, that they signed the will as witnesses and that to the best of their knowledge the testator was eighteen (18) years of age or over, of sound mind and under no constraint or undue influence.

______________________________             ______________________________

Testator Signature                                             Witness Signature

                                                                                   ______________________________                                                                                      Witness Signature

 

Subscribed and sworn to before me by the said testator and the said witnesses, this

____ day of ________________, 20____.

                                                                     ________________________________

                                                                     Notary Public

                                                                     My Commission expires:

North Carolina Free Template For Last Will And Testament   

A Last Will and Testament in North Carolina is a legal estate-planning document that is signed by a testator (the person who owns the will) to ensure that their estate is distributed according to their intentions when they pass away. A testator can decide how their real estate, fiduciary assets, personal property, and even digital property will be distributed to family, friends, and organizations, all based on their own intentions rather than those imposed by state law following the death of someone who died without a will. In North Carolina, a will must be signed by two witnesses who have acknowledged the testator's signature after it has been drafted. 

If the testator wants to add an extra layer of legal protection, the document can also be notarized. It should be known that the testator may amend or revoke the instrument at any moment if they are of sound mind.

Example free template for last will and testament     

___________________________________

Pursuant to Chapter 31 (Wills)

I, ________________________, resident in the City of ____________________, County of ____________________, State of North Carolina being of sound mind, not acting under duress or undue influence, and fully understanding the nature and extent of all my property and of this disposition thereof, do hereby make, publish, and declare this document to be my Last Will and Testament, and hereby revoke any and all other wills and codicils heretofore made by me.

I.             EXPENSES & TAXES

I direct that all my debts, and expenses of my last illness, funeral, and burial, be paid as soon after my death as may be reasonably convenient, and I hereby authorize my Personal Representative, hereinafter appointed, to settle and discharge, in his or her absolute discretion, any claims made against my estate.

I further direct that my Personal Representative shall pay out of my estate any and all estate and inheritance taxes payable by reason of my death in respect of all items included in the computation of such taxes, whether passing under this Will or otherwise. Said taxes shall be paid by my Personal Representative as if such taxes were my debts without recovery of any part of such tax payments from anyone who receives any item included in such computation.

II.            PERSONAL REPRESENTATIVE

I nominate and appoint ________________________, of ___________________________, County of ________________________, State of ______________________________ as Personal Representative of my estate and I request that (he/she) be appointed temporary Personal Representative if (he/she) applies. If my Personal Representative fails or ceases to so serve, then I nominate _____________________________of __________________________, County of ____________________________, State of ______________________ to serve.

III.          DISPOSITION OF PROPERTY

I devise and bequeath my property, both real and personal and wherever situated, as follows:

1st Beneficiary

_______________________ [full name], currently of _______________________ [address], as my _______________________ [relation] whose last four (4) digits of their Social Security Number (SSN) are xxx-xx-_____ with the following property:

______________________________________________________________________

2nd Beneficiary

_______________________ [full name], currently of _______________________ [address], as my _______________________ [relation] whose last four (4) digits of their Social Security Number (SSN) are xxx-xx-_____ with the following property:

______________________________________________________________________

3rd Beneficiary

_______________________ [full name], currently of _______________________ [address], as my _______________________ [relation] whose last four (4) digits of their Social Security Number (SSN) are xxx-xx-_____ with the following property:

______________________________________________________________________

If any of my beneficiaries have pre-deceased me, then any property that they would have received if they had not pre-deceased me shall be distributed in equal shares to the remaining beneficiaries.

If any of my property cannot be readily sold and distributed, then it may be donated to any charitable organization or organizations of my Personal Representative’s choice.  If any property cannot be readily sold or donated, my Personal Representative may, without liability, dispose of such property as my Personal Representative may deem appropriate. I authorize my Personal Representative to pay as an administration expense of my estate the expense of selling, advertising for sale, packing, shipping, insuring and delivering such property.

IV.          OMISSION

Except to the extent that I have included them in this Will, I have intentionally, and not as a result of any mistake or inadvertence, omitted in this Will to provide for any family members and/or issue of mine, if any, however defined by law, presently living or hereafter born or adopted.

V.           BOND

No bond shall be required of any fiduciary serving hereunder, whether or not specifically named in this Will, or if a bond is required by law, then no surety will be required on such bond.

VI.          DISCRETIONARY POWERS OF PERSONAL REPRESENTATIVE

My Personal Representative, shall have and may exercise the following discretionary powers in addition to any common law or statutory powers without the necessity of court license or approval:

A.    To retain for whatever period my Personal Representative deems advisable any property, including property owned by me at my death, and to invest and reinvest in any property, both real and personal, regardless of whether any particular investment would be proper for a Personal Representative and regardless of the extent of diversification of the assets held hereunder.

B.    To sell and to grant options to purchase all or any part of my estate, both real and personal, at any time, at public or private sale, for consideration, whether or not the highest possible consideration, and upon terms, including credit, as my Personal Representative deems advisable, and to execute, acknowledge, and deliver deeds or other instruments in connection therewith.

C.    To lease any real estate for terms and conditions as my Personal Representative deems advisable, including the granting of options to renew, options to extend the term or terms, and options to purchase.

D.    To pay, compromise, settle or otherwise adjust any claims, including taxes, asserted in favor of or against me, my estate or my Personal Representative.

E.    To make any separation into shares in whole or in part in kind and at values determined by my Personal Representative, with or without regard to tax basis, and to allocate different kinds and disproportionate amounts of property and undivided interests in property among the shares.

F.     To make such elections under the tax laws as my Personal Representative shall deem appropriate, including elections with respect to qualified terminable interest property, exemptions and the use of deductions as income tax or estate tax deductions, and to determine whether to make any adjustments between income and principal on account of any election so made.

G.    To make any elections permitted under any pension, profit sharing, employee stock ownership or other benefit plan.

H.    To employ others in connection with the administration of my estate, including legal counsel, investment advisors, brokers, accountants and agents and to pay reasonable compensation in addition to my Personal Representative’s compensation.

I.      To vote any shares of stock or other securities in person or by proxy; to assert or waive any stockholder’s rights or privilege to subscribe for or otherwise acquire additional stock; to deposit securities in any voting trust or with any committee.

J.     To borrow and to pledge or mortgage any property as collateral, and to make secured or unsecured loans. My Personal Representative is specifically authorized to make loans without interest to any beneficiary hereunder. No individual or entity loaning property to my Personal Representative or trustee shall be held to see to the application of such property.

K.    My Personal Representative shall also in his or her absolute discretion determine the allocation of any GST exemption available to me at my death to property passing under this Will or otherwise. The determination of my Personal Representative with respect to any elections or allocation, if made or taken in good faith, shall be binding upon all affected.

VII.        CONTESTING BENEFICIARY

If any beneficiary under this Will, or any trust herein mentioned, contests or attacks this Will or any of its provisions, any share or interest in my estate given to that contesting beneficiary under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased me.

VIII.   GUARDIAN AD LITEM NOT REQUIRED

I direct that the representation by a guardian ad litem of the interests of persons unborn, unascertained or legally incompetent to act in proceedings for the allowance of accounts hereunder be dispensed with to the extent permitted by law.

IX.          GENDER

Whenever the context permits, the term “Personal Representative” shall include “Executor” and “Administrator,” the use of a particular gender shall include any other gender, and references to the singular or the plural shall be interchangeable. All references to the Internal Revenue Code shall mean the Internal Revenue Code of 1986 or any successor Code. All references to estate taxes shall include inheritance and other death taxes.

X.           ASSIGNMENT

The interest of any beneficiary in this Will, shall not be alienable, assignable, attachable, transferable nor paid by way of anticipation, nor in compliance with any order, assignment or covenant and shall not be applied to, or held liable for, any of their debts or obligations either in law or equity and shall not in any event pass to his, her, or their assignee under any instrument or under any insolvency or bankruptcy law, and shall not be subject to the interference or control of creditors, spouses or others.

XI.          GOVERNING LAW

This document shall be governed by the laws in the State of North Carolina.

XII.        BINDING ARRANGEMENT

Any decision by my Personal Representative with respect to any discretionary power hereunder shall be final and binding on all persons interested. Unless due to my Executor’s own willful default or gross negligence, no Executor shall be liable for said Executor’s acts or omissions or those of any co‑Executor or prior Executor.

I, the undersigned ________________________, do hereby declare that I sign and execute this instrument as my last Will, that I sign it willingly in the presence of each of the undersigned witnesses, and that I execute it as my free and voluntary act for the purposes herein expressed, on this ____ day of ________________, 20____.

 

________________________________  ___________________________________

Testator Signature                                   Testator (Printed Name)

 

The foregoing instrument, was on this ____ day of ________________, 20____, subscribed on each page and at the end thereof by ________________________, the above-named Testator, and by (him/her) signed, sealed, published and declared to be (his/her) LAST WILL AND TESTAMENT, in the presence of us and each of us, who thereupon, at (his/her) request, in (his/her) presence, and in the presence of each other, have hereunto subscribed our names as attesting witnesses thereto.

 

________________________________      ___________________________________

Witness Signature                                   Address

________________________________  ___________________________________

Witness Signature                                   Address

 

TESTAMENTARY AFFIDAVIT

STATE OF ____________________

COUNTY OF __________________, SS.

         Before me, the undersigned authority, on this day personally appeared ___________, testator, ____________________, witness and ___________________, witness, known to me to be the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, and, all of these persons being by me duly sworn, the testator declared to me and to the witnesses in my presence that the instrument is the testator’s last will and that the testator  has willingly signed or directed another to sign for him/her, and that the testator executed it as the testator’s free and voluntary act for the purposes therein expressed; and each of the witnesses stated to me, in the presence of the testator, that they signed the will as witnesses and that to the best of their knowledge the testator was eighteen (18) years of age or over, of sound mind and under no constraint or undue influence.

______________________________             ______________________________

Testator Signature                                             Witness Signature

                                                                                   ______________________________                                                                                      Witness Signature

 

Subscribed and sworn to before me by the said testator and the said witnesses, this

____ day of ________________, 20____.

                                                                     ________________________________

                                                                     Notary Public

                                                                     My Commission expires:

United Kingdom Free Template For Last Will And Testament

A Will is a legally enforceable document that expresses the preferences of the person who creates it (the "Testator") for the disposition of their worldly property and assets.

Only Testators who are at least 18 years old and reside in England and Wales may use this document.

This document is not ideal for those who have complex assets that require special provisions, minor children under the age of 18, grandparents who want to leave assets to grandchildren, or those who want to split domestic and international assets.

To make a Will, a Testator must have "testamentary capacity," which entails that:

  • the Testator comprehends the nature of making a Will and its consequences;
  • the Testator comprehends the scope of the property they are disposing of;
  • the Testator comprehends and appreciates the claims to which they should give effect;
  • the Testator must be free of mental illness that distorts their sense of right or prevents them from exercising their natural faculties in diversion.

 Example free template for last will and testament     

(Includes Civil Partnerships)

This Last Will and Testament is made by me [Insert your full name here] of [Insert your full address here]

I HEREBY REVOKE all former Wills and codicils made by me and declare this to be my Last Will (“My Will”) 

  • APPOINTMENT OF EXECUTORS

1.1 I APPOINT [Insert first executor's name here] of [Insert first executor's full address here] to be the Executor / Executrix of this my Will provided he / she shall survive me by 30 days but if he / she shall predecease me or otherwise fail to survive me by 30 days or otherwise be unable or unwilling to act then I appoint [Insert second executor's name here] of [Insert second executor's full address here] and [Insert third executor's name here] of [Insert third executor's full address here] to be the Executors and Trustees of this my Will hereinafter together called my Trustees which expression shall mean the Trustees or the Trustee for the time being of this my Will whether original additional or substituted or where the context requires my Personal Representatives for the time being.

 2. APPOINTMENT OF GUARDIANS

2.1 I APPOINT [Insert first guardian's name here] of [Insert first guardian's full address here] and [Insert second guardian's name here] of [Insert second guardian's full address here] to be the Guardians of any of my children who are minors at the time of my death if I am the sole surviving parent at the date of my death.

2.2 I REVOKE all previous appointments of Guardians made by me before the date of this Will.

  • FUNERAL

3.1 I REQUEST that my body be buried / cremated and the expenses relating to my funeral shall be a first charge on my estate.

 4. LEGACIES

[Please select from the following three -

 4.1 NO Legacies are to be given under this Will.

I GIVE the following Legacies absolutely with any tax due to be paid by my estate.

I GIVE the following Legacies absolutely and subject to tax payable by the person receiving the legacies.

[If legacies are to be given (e.g. paintings, furniture, jewellery, gifts of money etc.) please number and describe each legacy and to whom it will be given here, individual legacies can be given free of tax, or subject to it]

 5. CHARITABLE LEGACIES

[Please select from the following two options -

 5.1 NO Charitable Legacies are to be given under this Will.

 I GIVE Charitable Legacies to the charities listed for their general charitable purposes and I DIRECT that if any charitable or other body to which a gift is made in this my Will has changed its name or amalgamated with or transferred its assets to any other body then my Trustees shall give effect to the gift as if it had been made to the body in its changed name or amalgamated form or the body to which it had transferred its assets or as the case may be and I FURTHER DIRECT that the receipt of the person who appears to my Trustees to be the bursar treasurer or other proper officer for the time being of any charitable or other body to which any gift herein is made shall be a sufficient discharge to my Trustees.

[If charitable legacies are to be given please number and describe each legacy and to whom it will be given here]

 6. PROPERTY

[Please select from the following three -

6.1 NO Property is to be given under this Will.

I GIVE the following Property absolutely and free of tax and free of any money charged or otherwise secured on the property.

I GIVE the following Property subject to tax and any money charged or otherwise secured on the property.

 

[If property is to be passed under the will, please number and describe each property, giving its full postal address and to whom it will be given here. Some property can be given free of tax, other property can be subject to it]

 7. RESIDUE

7.1 I GIVE the residue of my estate both real and personal of whatsoever nature and wheresoever situated to my Trustees to hold on trust either to sell or if they think fit without being liable for any loss to retain all or any part of it and to pay my debts testamentary expenses and inheritance tax payable on or by reason of my death in respect of my estate and invest or apply what is left for the benefit of my wife/civil partner if she/he survives me by 30 days if she/he does not survive me by 30 days or if this gift or any part of it fails for any other reason then I give the residue of my estate or the part of it affected to those of my children who survive me and attain the age of 18 / 21 years if more than one in equal shares PROVIDED THAT if any of my children dies before me or after me but under the age of 18 / 21 I give the share that child would have taken to his or her own children who obtain 18 / 21 and if more than one in equal shares if none of my children survive me or attain the age of 18 / 21 or if this gift or any part of it fails for any other reason then I give the residue of my estate or the part of it affected to [Insert full name and address of person or persons who will receive residue, if residue to children fails].

 8. EXECUTORS / TRUSTEES POWERS

8.1 MY TRUSTEES 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 and may from time to time vary or transpose such investments.

 8.2 THE TRUSTEES powers shall include power to borrow on the security of all or any part of the trust fund for any purpose, power to permit any beneficiary to occupy or enjoy all or any part of the trust fund on such terms as they think fit, power to pay out of income or capital any expenses relating to the trust fund or assets comprised within it or its administration they in their absolute discretion think fit and power to exchange property for other property on such terms as the Trustees consider appropriate.

 8.3 WHILE a child is a minor my Trustees may at their absolute discretion use all or any part of the income of the child's share for the child's advancement education maintenance or benefit.

 8.4 THE STATUTORY power of appropriation conferred by section 41 of the Administration of Estates Act 1925 shall be exercisable by my Trustees and they may at any time at their discretion appropriate any part of my residuary estate towards satisfaction of any legacy or any share in my residuary estate without the necessity of obtaining the consent of any person.

 8.5 MY TRUSTEES shall have the power to insure against loss or damage by fire or from any other risk any property for the time being comprised in my residuary estate to any amount and even though a person is absolutely entitled to the property and to pay all premiums for any such insurance at their discretion out of the income or capital of my residuary estate or the property itself and so that any money received under any such insurance shall be applicable as if it were proceeds of sale of the property insured.

8.6 IN ANY case where my Trustees have an obligation or a discretion under the provisions of this my Will or under the general law to pay income or capital to or for the benefit of a minor they may discharge that obligation or exercise that discretion if they think fit by making payment either to a parent or guardian of the minor or to the minor personally if of the age of 18 years at least and so that their respective receipts shall be a full discharge to my Trustees who shall not be required to see to the application of any income or capital so paid.

8.7 THE APPORTIONMENT rules shall not apply to the income of the trust fund or any part of it, so that all income received by the Trustees shall be treated as accruing at the date of receipt.

 8.8 I DECLARE that any of my Trustees being a Solicitor or other person engaged in any profession or business shall be entitled to charge and be paid all usual professional or other charges for business done services rendered or time spent by him or his firm in the administration of my estate or the trusts hereof including acts which a trustee not engaged in any profession or business could have done personally.

 8.9 NO TRUSTEE shall be liable for any loss to the trust fund unless such loss arises as a result of the Trustee’s fraud or dishonesty and in the case of professional trustees as a result of their negligence.

 IN WITNESS whereof I have hereunto set my hand this [insert day] day of

[insert month] [insert year]

 

SIGNED by the said [Insert your full name here] as his last Will in the presence of us both present at the same time who at his request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses.

 SIGNED by the above named in our presence and by us in his

                                   Testator [Testator sign in space provided]

  First Witness

Signed:                                         

 

Name:

Address:

Occupation:

  

Second Witness

Signed:                                         

 

Name:

Address:

Occupation:

California Free Template For Last Will And Testament

A California Last Will and Testament is a legal estate-planning document that directs the distribution of an individual's personal and real property to those named as beneficiaries after their death. This document may be used by the will-maker, sometimes known as the "Testator," to ensure that their loved ones inherit the appropriate portion of the estate.

Will paperwork must be signed in the presence of at least two competent witnesses, and they should be maintained with a family attorney or multiple members of the family (or friends) to guarantee the document is not tampered with in any manner.A testator can also have their will acknowledged by a state-authorized notary public, albeit this is not required. Wills can be modified or canceled at any time by the testator's decision. 

Example free template for last will and testament

___________________________________

Pursuant to the California Probate Code

I, ________________________, resident in the City of ____________________, County of ____________________, State of California being of sound mind, not acting under duress or undue influence, and fully understanding the nature and extent of all my property and of this disposition thereof, do hereby make, publish, and declare this document to be my Last Will and Testament, and hereby revoke any and all other wills and codicils heretofore made by me.

I.             EXPENSES & TAXES

I direct that all my debts, and expenses of my last illness, funeral, and burial, be paid as soon after my death as may be reasonably convenient, and I hereby authorize my Personal Representative, hereinafter appointed, to settle and discharge, in his or her absolute discretion, any claims made against my estate.

I further direct that my Personal Representative shall pay out of my estate any and all estate and inheritance taxes payable by reason of my death in respect of all items included in the computation of such taxes, whether passing under this Will or otherwise. Said taxes shall be paid by my Personal Representative as if such taxes were my debts without recovery of any part of such tax payments from anyone who receives any item included in such computation.

II.            PERSONAL REPRESENTATIVE

I nominate and appoint ________________________, of ___________________________, County of ________________________, State of ______________________________ as Personal Representative of my estate and I request that (he/she) be appointed temporary Personal Representative if (he/she) applies. If my Personal Representative fails or ceases to so serve, then I nominate _____________________________of __________________________, County of ____________________________, State of ______________________ to serve.

III.          DISPOSITION OF PROPERTY

I devise and bequeath my property, both real and personal and wherever situated, as follows:

1st Beneficiary

_______________________ [full name], currently of _______________________ [address], as my _______________________ [relation] whose last four (4) digits of their Social Security Number (SSN) are xxx-xx-_____ with the following property:

______________________________________________________________________

2nd Beneficiary

_______________________ [full name], currently of _______________________ [address], as my _______________________ [relation] whose last four (4) digits of their Social Security Number (SSN) are xxx-xx-_____ with the following property:

______________________________________________________________________

3rd Beneficiary

_______________________ [full name], currently of _______________________ [address], as my _______________________ [relation] whose last four (4) digits of their Social Security Number (SSN) are xxx-xx-_____ with the following property:

______________________________________________________________________

If any of my beneficiaries have pre-deceased me, then any property that they would have received if they had not pre-deceased me shall be distributed in equal shares to the remaining beneficiaries.

If any of my property cannot be readily sold and distributed, then it may be donated to any charitable organization or organizations of my Personal Representative’s choice.  If any property cannot be readily sold or donated, my Personal Representative may, without liability, dispose of such property as my Personal Representative may deem appropriate. I authorize my Personal Representative to pay as an administration expense of my estate the expense of selling, advertising for sale, packing, shipping, insuring and delivering such property.

IV.          OMISSION

Except to the extent that I have included them in this Will, I have intentionally, and not as a result of any mistake or inadvertence, omitted in this Will to provide for any family members and/or issue of mine, if any, however defined by law, presently living or hereafter born or adopted.

V.           BOND

No bond shall be required of any fiduciary serving hereunder, whether or not specifically named in this Will, or if a bond is required by law, then no surety will be required on such bond.

VI.          DISCRETIONARY POWERS OF PERSONAL REPRESENTATIVE

My Personal Representative, shall have and may exercise the following discretionary powers in addition to any common law or statutory powers without the necessity of court license or approval:

A.    To retain for whatever period my Personal Representative deems advisable any property, including property owned by me at my death, and to invest and reinvest in any property, both real and personal, regardless of whether any particular investment would be proper for a Personal Representative and regardless of the extent of diversification of the assets held hereunder.

B.    To sell and to grant options to purchase all or any part of my estate, both real and personal, at any time, at public or private sale, for consideration, whether or not the highest possible consideration, and upon terms, including credit, as my Personal Representative deems advisable, and to execute, acknowledge, and deliver deeds or other instruments in connection therewith.

C.    To lease any real estate for terms and conditions as my Personal Representative deems advisable, including the granting of options to renew, options to extend the term or terms, and options to purchase.

D.    To pay, compromise, settle or otherwise adjust any claims, including taxes, asserted in favor of or against me, my estate or my Personal Representative.

E.    To make any separation into shares in whole or in part in kind and at values determined by my Personal Representative, with or without regard to tax basis, and to allocate different kinds and disproportionate amounts of property and undivided interests in property among the shares.

F.     To make such elections under the tax laws as my Personal Representative shall deem appropriate, including elections with respect to qualified terminable interest property, exemptions and the use of deductions as income tax or estate tax deductions, and to determine whether to make any adjustments between income and principal on account of any election so made.

G.    To make any elections permitted under any pension, profit sharing, employee stock ownership or other benefit plan.

H.    To employ others in connection with the administration of my estate, including legal counsel, investment advisors, brokers, accountants and agents and to pay reasonable compensation in addition to my Personal Representative’s compensation.

I.      To vote any shares of stock or other securities in person or by proxy; to assert or waive any stockholder’s rights or privilege to subscribe for or otherwise acquire additional stock; to deposit securities in any voting trust or with any committee.

J.     To borrow and to pledge or mortgage any property as collateral, and to make secured or unsecured loans. My Personal Representative is specifically authorized to make loans without interest to any beneficiary hereunder. No individual or entity loaning property to my Personal Representative or trustee shall be held to see to the application of such property.

K.    My Personal Representative shall also in his or her absolute discretion determine the allocation of any GST exemption available to me at my death to property passing under this Will or otherwise. The determination of my Personal Representative with respect to any elections or allocation, if made or taken in good faith, shall be binding upon all affected.

VII.        CONTESTING BENEFICIARY

If any beneficiary under this Will, or any trust herein mentioned, contests or attacks this Will or any of its provisions, any share or interest in my estate given to that contesting beneficiary under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased me.

VIII.   GUARDIAN AD LITEM NOT REQUIRED

I direct that the representation by a guardian ad litem of the interests of persons unborn, unascertained or legally incompetent to act in proceedings for the allowance of accounts hereunder be dispensed with to the extent permitted by law.

IX.          GENDER

Whenever the context permits, the term “Personal Representative” shall include “Executor” and “Administrator,” the use of a particular gender shall include any other gender, and references to the singular or the plural shall be interchangeable. All references to the Internal Revenue Code shall mean the Internal Revenue Code of 1986 or any successor Code. All references to estate taxes shall include inheritance and other death taxes.

X.           ASSIGNMENT

The interest of any beneficiary in this Will, shall not be alienable, assignable, attachable, transferable nor paid by way of anticipation, nor in compliance with any order, assignment or covenant and shall not be applied to, or held liable for, any of their debts or obligations either in law or equity and shall not in any event pass to his, her, or their assignee under any instrument or under any insolvency or bankruptcy law, and shall not be subject to the interference or control of creditors, spouses or others.

XI.          GOVERNING LAW

This document shall be governed by the laws in the State of California.

XII.        BINDING ARRANGEMENT

Any decision by my Personal Representative with respect to any discretionary power hereunder shall be final and binding on all persons interested. Unless due to my Executor’s own willful default or gross negligence, no Executor shall be liable for said Executor’s acts or omissions or those of any co‑Executor or prior Executor.

I, the undersigned ________________________, do hereby declare that I sign and execute this instrument as my last Will, that I sign it willingly in the presence of each of the undersigned witnesses, and that I execute it as my free and voluntary act for the purposes herein expressed, on this ____ day of ________________, 20____.

 ________________________________  ___________________________________

Testator Signature                                   Testator (Printed Name)

 

The foregoing instrument, was on this ____ day of ________________, 20____, subscribed on each page and at the end thereof by ________________________, the above-named Testator, and by (him/her) signed, sealed, published and declared to be (his/her) LAST WILL AND TESTAMENT, in the presence of us and each of us, who thereupon, at (his/her) request, in (his/her) presence, and in the presence of each other, have hereunto subscribed our names as attesting witnesses thereto.

 

________________________________      ___________________________________

Witness Signature                                   Address

________________________________  ___________________________________

Witness Signature                                   Address

 

TESTAMENTARY AFFIDAVIT

STATE OF ____________________

COUNTY OF __________________, SS.

         Before me, the undersigned authority, on this day personally appeared ___________, testator, ____________________, witness and ___________________, witness, known to me to be the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, and, all of these persons being by me duly sworn, the testator declared to me and to the witnesses in my presence that the instrument is the testator’s last will and that the testator  has willingly signed or directed another to sign for him/her, and that the testator executed it as the testator’s free and voluntary act for the purposes therein expressed; and each of the witnesses stated to me, in the presence of the testator, that they signed the will as witnesses and that to the best of their knowledge the testator was eighteen (18) years of age or over, of sound mind and under no constraint or undue influence.

______________________________             ______________________________

Testator Signature                                             Witness Signature

                                                                                   ______________________________                                                                                      Witness Signature

 

Subscribed and sworn to before me by the said testator and the said witnesses, this

____ day of ________________, 20____.

                                                                     ________________________________

                                                                     Notary Public

                                                                     My Commission expires:

Minnesota Last Will And Testament Template

A Minnesota Last Will and Testament is a legal document that allows a testator (the person who owns the will) to specify how their estate should be distributed to selected beneficiaries after their death. A testator can pick who inherits property in their will; often, beneficiaries include spouses, children, acquaintances, blood relatives, and even charitable organizations. In order to appoint a trusted individual to carry out the will, the testator may additionally name an executor or personal representative.

 A will must be signed and executed in the presence of two (2) witnesses, according to Minnesota law. Both witnesses will sign the will to certify that they saw the testator sign it. A testator can have the paper notarized to offer an extra degree of legal protection, however it is not required. At any point, a will can be changed or cancelled.

Example free template for last will and testament

___________________________________

Pursuant to Chapter 524 (Uniform Probate Code)

I, ________________________, resident in the City of ____________________, County of ____________________, State of Minnesota being of sound mind, not acting under duress or undue influence, and fully understanding the nature and extent of all my property and of this disposition thereof, do hereby make, publish, and declare this document to be my Last Will and Testament, and hereby revoke any and all other wills and codicils heretofore made by me.

I.             EXPENSES & TAXES

I direct that all my debts, and expenses of my last illness, funeral, and burial, be paid as soon after my death as may be reasonably convenient, and I hereby authorize my Personal Representative, hereinafter appointed, to settle and discharge, in his or her absolute discretion, any claims made against my estate.

I further direct that my Personal Representative shall pay out of my estate any and all estate and inheritance taxes payable by reason of my death in respect of all items included in the computation of such taxes, whether passing under this Will or otherwise. Said taxes shall be paid by my Personal Representative as if such taxes were my debts without recovery of any part of such tax payments from anyone who receives any item included in such computation.

II.            PERSONAL REPRESENTATIVE

I nominate and appoint ________________________, of ___________________________, County of ________________________, State of ______________________________ as Personal Representative of my estate and I request that (he/she) be appointed temporary Personal Representative if (he/she) applies. If my Personal Representative fails or ceases to so serve, then I nominate _____________________________of __________________________, County of ____________________________, State of ______________________ to serve.

III.          DISPOSITION OF PROPERTY

I devise and bequeath my property, both real and personal and wherever situated, as follows:

1st Beneficiary

_______________________ [full name], currently of _______________________ [address], as my _______________________ [relation] whose last four (4) digits of their Social Security Number (SSN) are xxx-xx-_____ with the following property:

______________________________________________________________________

2nd Beneficiary

_______________________ [full name], currently of _______________________ [address], as my _______________________ [relation] whose last four (4) digits of their Social Security Number (SSN) are xxx-xx-_____ with the following property:

______________________________________________________________________

3rd Beneficiary

_______________________ [full name], currently of _______________________ [address], as my _______________________ [relation] whose last four (4) digits of their Social Security Number (SSN) are xxx-xx-_____ with the following property:

______________________________________________________________________

If any of my beneficiaries have pre-deceased me, then any property that they would have received if they had not pre-deceased me shall be distributed in equal shares to the remaining beneficiaries.

If any of my property cannot be readily sold and distributed, then it may be donated to any charitable organization or organizations of my Personal Representative’s choice.  If any property cannot be readily sold or donated, my Personal Representative may, without liability, dispose of such property as my Personal Representative may deem appropriate. I authorize my Personal Representative to pay as an administration expense of my estate the expense of selling, advertising for sale, packing, shipping, insuring and delivering such property.

IV.          OMISSION

Except to the extent that I have included them in this Will, I have intentionally, and not as a result of any mistake or inadvertence, omitted in this Will to provide for any family members and/or issue of mine, if any, however defined by law, presently living or hereafter born or adopted.

V.           BOND

No bond shall be required of any fiduciary serving hereunder, whether or not specifically named in this Will, or if a bond is required by law, then no surety will be required on such bond.

VI.          DISCRETIONARY POWERS OF PERSONAL REPRESENTATIVE

My Personal Representative, shall have and may exercise the following discretionary powers in addition to any common law or statutory powers without the necessity of court license or approval:

A.    To retain for whatever period my Personal Representative deems advisable any property, including property owned by me at my death, and to invest and reinvest in any property, both real and personal, regardless of whether any particular investment would be proper for a Personal Representative and regardless of the extent of diversification of the assets held hereunder.

B.    To sell and to grant options to purchase all or any part of my estate, both real and personal, at any time, at public or private sale, for consideration, whether or not the highest possible consideration, and upon terms, including credit, as my Personal Representative deems advisable, and to execute, acknowledge, and deliver deeds or other instruments in connection therewith.

C.    To lease any real estate for terms and conditions as my Personal Representative deems advisable, including the granting of options to renew, options to extend the term or terms, and options to purchase.

D.    To pay, compromise, settle or otherwise adjust any claims, including taxes, asserted in favor of or against me, my estate or my Personal Representative.

E.    To make any separation into shares in whole or in part in kind and at values determined by my Personal Representative, with or without regard to tax basis, and to allocate different kinds and disproportionate amounts of property and undivided interests in property among the shares.

F.     To make such elections under the tax laws as my Personal Representative shall deem appropriate, including elections with respect to qualified terminable interest property, exemptions and the use of deductions as income tax or estate tax deductions, and to determine whether to make any adjustments between income and principal on account of any election so made.

G.    To make any elections permitted under any pension, profit sharing, employee stock ownership or other benefit plan.

H.    To employ others in connection with the administration of my estate, including legal counsel, investment advisors, brokers, accountants and agents and to pay reasonable compensation in addition to my Personal Representative’s compensation.

I.      To vote any shares of stock or other securities in person or by proxy; to assert or waive any stockholder’s rights or privilege to subscribe for or otherwise acquire additional stock; to deposit securities in any voting trust or with any committee.

J.     To borrow and to pledge or mortgage any property as collateral, and to make secured or unsecured loans. My Personal Representative is specifically authorized to make loans without interest to any beneficiary hereunder. No individual or entity loaning property to my Personal Representative or trustee shall be held to see to the application of such property.

K.    My Personal Representative shall also in his or her absolute discretion determine the allocation of any GST exemption available to me at my death to property passing under this Will or otherwise. The determination of my Personal Representative with respect to any elections or allocation, if made or taken in good faith, shall be binding upon all affected.

VII.        CONTESTING BENEFICIARY

If any beneficiary under this Will, or any trust herein mentioned, contests or attacks this Will or any of its provisions, any share or interest in my estate given to that contesting beneficiary under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased me.

VIII.   GUARDIAN AD LITEM NOT REQUIRED

I direct that the representation by a guardian ad litem of the interests of persons unborn, unascertained or legally incompetent to act in proceedings for the allowance of accounts hereunder be dispensed with to the extent permitted by law.

IX.          GENDER

Whenever the context permits, the term “Personal Representative” shall include “Executor” and “Administrator,” the use of a particular gender shall include any other gender, and references to the singular or the plural shall be interchangeable. All references to the Internal Revenue Code shall mean the Internal Revenue Code of 1986 or any successor Code. All references to estate taxes shall include inheritance and other death taxes.

X.           ASSIGNMENT

The interest of any beneficiary in this Will, shall not be alienable, assignable, attachable, transferable nor paid by way of anticipation, nor in compliance with any order, assignment or covenant and shall not be applied to, or held liable for, any of their debts or obligations either in law or equity and shall not in any event pass to his, her, or their assignee under any instrument or under any insolvency or bankruptcy law, and shall not be subject to the interference or control of creditors, spouses or others.

XI.          GOVERNING LAW

This document shall be governed by the laws in the State of Minnesota.

XII.        BINDING ARRANGEMENT

Any decision by my Personal Representative with respect to any discretionary power hereunder shall be final and binding on all persons interested. Unless due to my Executor’s own willful default or gross negligence, no Executor shall be liable for said Executor’s acts or omissions or those of any co‑Executor or prior Executor.

I, the undersigned ________________________, do hereby declare that I sign and execute this instrument as my last Will, that I sign it willingly in the presence of each of the undersigned witnesses, and that I execute it as my free and voluntary act for the purposes herein expressed, on this ____ day of ________________, 20____.

 

________________________________  ___________________________________

Testator Signature                                   Testator (Printed Name)

 

The foregoing instrument, was on this ____ day of ________________, 20____, subscribed on each page and at the end thereof by ________________________, the above-named Testator, and by (him/her) signed, sealed, published and declared to be (his/her) LAST WILL AND TESTAMENT, in the presence of us and each of us, who thereupon, at (his/her) request, in (his/her) presence, and in the presence of each other, have hereunto subscribed our names as attesting witnesses thereto.

 

________________________________      ___________________________________

Witness Signature                                   Address

________________________________      ___________________________________

Witness Signature                                   Address

 

TESTAMENTARY AFFIDAVIT

STATE OF ____________________

COUNTY OF __________________, SS.

         Before me, the undersigned authority, on this day personally appeared ___________, testator, ____________________, witness and ___________________, witness, known to me to be the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, and, all of these persons being by me duly sworn, the testator declared to me and to the witnesses in my presence that the instrument is the testator’s last will and that the testator  has willingly signed or directed another to sign for him/her, and that the testator executed it as the testator’s free and voluntary act for the purposes therein expressed; and each of the witnesses stated to me, in the presence of the testator, that they signed the will as witnesses and that to the best of their knowledge the testator was eighteen (18) years of age or over, of sound mind and under no constraint or undue influence.

______________________________             ______________________________

Testator Signature                                             Witness Signature

                                                                                   ______________________________                                                                                Witness Signature

 

Subscribed and sworn to before me by the said testator and the said witnesses, this

____ day of ________________, 20____.

                                                                     ________________________________

                                                                     Notary Public

                                                                     My Commission expires:

Does Microsoft Word Have A Will Template?

A Last Will and Testament is a legal document that spells out what will happen to your estate once you die. The Free Last Will and Testament Template for Word is a professionally produced legal document that outlines your funeral and beneficiary desires in great detail.

Last Will and Testament Template will assist you in creating a clear Will that divides your estate to your spouse and children.

A married person's will is likely to be intricate, with numerous beneficiaries who may or may not be family members. It also mentions underage children's guardianship. As a result, a well-written document like this must be created.

The professionally produced Free Last Will and Testament Template for Word will assist you in drafting a well-prepared Will. The template can assist you avoid paying high attorney expenses. The names and details of the deceased spouse and biological and/or adopted children, if any, are included in a Last Will and Testament such as this template. It also establishes guidelines for the division of divisible property among family members and other beneficiaries.

Update:

This template is no longer available. You can download alternative templates according to U.S. states.

free template for last will and testament family grandparents happy

Conclusion

With a will, you can determine how your property should be distributed, such as bank balances, property, or valuable possessions. If you have a business or investment, your will can indicate who will receive those assets and when. A will also allows you to direct assets to a charity (or charities) of your choice. Even if you want to leave assets to an institution or  organization, a will can ensure that your wishes are carried out. Therefore, a will requires that the assets and assets to be inherited and to whom (the so-called beneficiaries) are specified.

Joan Cornish | Software Engineer: From banking industry to running my own business. Previously worked with Wordpress clients, but recently built our in-house CMS with 100 Mobile Google Page Speed. Free websites for Charity or Non For Profit. Contact us to learn more.

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