Alabama Will Instructions

Alabama Last Will and Testament Form

ALABAMA WILL INSTRUCTIONS
Married with Minor Children

This will is designed to be completed on your computer. To do so, use your mouse and click on each field which will be highlighted in gray. This will replace the gray with the words you type.

If you ordered and received this Will in hard copy, you may also use these instructions to complete the will, leaving the reference numbers, and placing the names, etc you desire next to the field numbers.

Article / Field Completion Instructions

Field [1] - Your name.

Field [2] - Your name.

Field [3] - Your County of Residence.

Field [4] - Type the name your spouse.

Fields [5] – [12] Type the name of your children.

ARTICLE THREE

This article is for you to specify specific property to go to a specific person. If you do not leave any, type none and delete the fields.

Field [13] - Type name.

Field [14] - Type street address.

Field [15] - Additional Address line.

Field [16] - City, State, Zip.

Field [17] - Relationship.

Field [18] - Describe the property to go to this person.

Field [19] - Type name.

Field [20] - Type street address.

Field [21] - Additional Address line.

Field [22] - City, State, Zip.

Field [23] - Relationship.

Field [24] - Describe the property

Field [25] - Type name.

Field [26] - Type street address.

Field [27] - Additional Address line.

Field [28] - City, State, Zip.

Field [29] - Relationship.

Field [30] - Describe the property

ARTICLE FOUR

This article is for you to leave your homestead, if you have one on the date of death to persons designated.

Field [31] - Type name of your spouse.

ARTICLE FIVE

This article is for you to leave all the rest and remainder of your property except your homestead and any special items you listed in Article Three.

Field [32] - Type the name of your spouse.

ARTICLE SIX

This article is to provide an alternate distribution of the rest and remainder of your property should your spouse predecease you and the provisions for distribution contained in Article Five cannot be carried out.

Field [33] - Type the name of your child(ren).

ARTICLE SEVEN

This article provides for the establishment of a trust for the benefit of minor beneficiaries.

Fields [37] Enter the age below which you desire that minor beneficiaries property be placed in trust.

Fields [38-41] Enter age at which property may be released from trust.

Beneficiary age [38]

Beneficiary age [39]

Beneficiary age [40]

Beneficiary age [41]

ARTICLE NINE

This article provides for the appointment of a Trustee and Successor Trustee.

Field [42] Type the name of the Trustee.

Field [43] Type the name of the Successor Trustee.

ARTICLE TEN

This article provides for the appointment of a guardian of minor children.

Field [44] Type the name of your spouse.

Field [45] Enter the age below which you desire a guardian be appointed for your children.

Field [46] Type the name of the guardian.

ARTICLE ELEVEN

This article is for you to name your personal representative. This must be an adult and can be your spouse.

Field [47] - Type name of Personal Representative.

Field [48] - Type name of successor Personal Representative.

ARTICLE FOURTEEN

This article provides instructions relating to the interpretation of your will.

Field [49] - Type the name of your spouse. This clause is a common disaster clause and provides whose Will will control if you both die in a common disaster.

ARTICLE FIFTEEN

All parts of Article 11 are optional. Complete as desired. Be sure to write your initials for any of these items you desire to apply.

Field [50] - Type name of Cemetery.

Field [51] - Type County.

Field [52] - Type State.

ENDING AND SIGNATURE

Field [53] - Your name.

Field [54] - Your name.

Field [55] - Your name.

Field [56] - Your name.

Field [57] - Your name.

Field [58] - Your name.

Field [59] - Your name.

LAST WILL AND TESTAMENT OF

BE IT KNOWN THIS DAY THAT,

I, , of County, Alabama, being of legal age and of sound and disposing mind and memory, and not acting under duress, menace, fraud, or undue influence of any person, do make, declare and publish this to be my Will and hereby revoke any Will or Codicil I may have made.

ARTICLE ONE

Marriage and Children

I am married to and have the following children from said marriage:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

ARTICLE TWO

Debts and Expenses

I direct my Personal Representative to pay all costs and expenses of my last illness and funeral expenses. I further direct my Personal Representative to pay all of my just debts that may be probated, registered and allowed against my estate. However, this provision shall not extend the statute of limitations for the payment of debts, or enlarge upon my legal obligation or any statutory duty of my Personal Representative to pay debts.

ARTICLE THREE

Specific Bequests of Real and/or Personal Property

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:

[LIST OR STATE NO PROPERTY LEFT UNDER THIS ARTICLE]

ARTICLE FOUR

Homestead or Primary Residence

I will, devise and bequeath all my interest in my homestead or primary residence, if I own a homestead or primary residence on the date of my death that passes through this Will, to my spouse, , if he or she survives me. If he or she does not survive me, then my homestead or primary residence shall pass under the residuary clause of this Will.

ARTICLE FIVE

All Remaining Property – Residuary Clause

I will, devise, bequeath and give all the rest and remainder of my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of, to my spouse, .

ARTICLE SIX

Contingent - All Remaining Property – Residuary Clause

In the event that my spouse shall predecease me, I will, devise, bequeath and give all the rest and remainder of my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of (“Residuary Estate”), to my child(ren) .

ARTICLE SEVEN

Property To Vest In Trustee for Child Beneficiary

In the event that my spouse predeceases me as provided in Article Six, and any of my children are under the age of years of age, then I direct that my Personal Representative shall transfer, assign and deliver over to my Trustee, named below, such beneficiary’s share of my estate and the objects of property described herein.

A. The Trustee shall hold and administer the assets of the Trust for the use and benefit of the Beneficiaries for the purpose of providing for their health, education and general welfare in accordance with their accustomed standard of living as much as is possible, considering the value of the Trust property and their other sources of income.

B. The Trustee may in his or her discretion, distribute to or for the benefit of the named Beneficiaries, such portions of the income and principal of the Trust as he or she in his or her sole discretion shall determine to be necessary to accomplish the purposes of this Trust.

C. As each Beneficiary herein reaches the age of years, the Trustee shall distribute to said beneficiary his or her share of the trust principal and income as of the distribution date.

When the youngest Beneficiary reaches the age of years, the Trustee shall distribute all of the remaining Trust property including principal and accumulated income to the Beneficiary and this Trust shall terminate.

D. In the event of the death of any of the above named Beneficiary prior to the final date of distribution, and said deceased Beneficiary shall leave living issue, the Trustee shall hold only that portion of the Trust property attributable to said deceased Beneficiary beyond the distribution dates as provided in Subparagraph C above, and administer said Trust property for the use and benefit of said living issue.

When said youngest living issue reaches the age of years, the Trust as to said living issue shall terminate and the Trustee shall distribute all of the remaining Trust property in equal shares to said living issue.

E. Personal and real property may be maintained for my Beneficiaries or converted to cash as my Trustee shall determine.

F. In the event that on the date of my death, my spouse shall have predeceased me and my youngest Beneficiary is over years of age, then this Trust shall be inoperative and my entire estate shall be distributed to said Beneficiaries as provided in Article Six.

ARTICLE EIGHT

Creditors of Beneficiaries

Neither the principal nor the income of any Trust provision contained in this Will nor any part of same shall be liable for the debts of any Beneficiary hereunder, nor shall the same be subject to seizure by any Creditor of any Beneficiary.

ARTICLE NINE

Appointment of Trustee

I appoint , or if the appointee fails to qualify or ceases to act, I appoint , as Trustee of the Trust provisions of this Will.

ARTICLE TEN

Appointment of Guardian

In the event that my spouse, , dies without having made just provision for the care and custody of our children who may be under the age of years, or in the event my spouse predeceases me, then on the date of my death, I appoint , as Guardian of said children.

ARTICLE ELEVEN

Appointment of Personal Representative, Executor or Executrix

I hereby appoint , as Personal Representative of my estate and this Will.

In the event my Personal Representative shall predecease me, or, for any reason, shall fail to qualify or cease to act as my Personal Representative, then I hereby appoint to serve as successor Personal Representative of my estate and Will.

ARTICLE TWELVE

Waiver of Bond, Inventory, Accounting, Reporting and Approval

My Personal Representative and successor Personal Representative 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.

ARTICLE THIRTEEN

Powers of Personal Representative, Executor and Executrix

I direct that my Personal Representative shall have broad discretion in the administration of my Estate, without the necessity of Court approval.

ARTICLE FOURTEEN

Construction Intentions

It is my intent that this Will be interpreted according to the following provisions:

1. The masculine gender shall be deemed to include the feminine as well as the neuter, and vice versa, as to each of them; the singular shall be deemed to include the plural, and vice versa.

2. The term “testator” as used herein is deemed to include me as Testator or Testatrix.

3. This Will is not a result of a contract between myself and any beneficiary, fiduciary or third party and I may revoke this Will at any time.

4. If any part of this Will shall be declared invalid, illegal, or inoperative for any reason, it is my expressed intent that the remaining parts shall be effective and fully operative.

5. In the event that my spouse, , and I die under circumstances where it is difficult to determine who died first, I direct that I be deemed to have survived her/him and the terms of my Will shall take precedence over any Will or Codicil that he/she may have made.

ARTICLE FIFTEEN

Misc. Provisions

I direct that this Will and the construction thereof shall be governed by the Laws of the State of Alabama.

(I have placed my initials next to the provisions below that I desire to adopt. Unmarked provisions are not adopted by me and are not a part of this Will)

If any person named herein is indebted to me at the time of my death and such indebtedness be evidenced 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 left herein shall be assumed by the person to receive such real property and not paid by my Personal Representative.

I desire to be buried in the cemetery in County, .

I direct that my remains be cremated and that the ashes be disposed of according to the wishes of my Executor.

Alabama Self-Proving Affidavit

I, , the testator/testatrix, sign my name to this instrument this day of , 20, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last Will 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 18 years of age or older, of sound mind, and under no constraint or undue influence.

Testator/Testatrix

Typed Name:

We, and , the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator/testatrix signs and executes this instrument as his or her last Will and that he or she signs it willingly, and that each of us, in the presence and hearing of the testator/testatrix, hereby signs this Will as witness to the testator's/testatrix’s signing, and that to the best of our knowledge the testator/testatrix is 18 years of age or older, of sound mind, and under no constraint or undue influence.

State of Alabama

County of

Subscribed, sworn to and acknowledged before me by , the testator/testatrix, and subscribed and sworn to before me by , and , witnesses, this day of , 20.

SEAL

(Signed)

My Commission Expires: