Estate Planning Will Template

LAST WILL AND TESTAMENT

Testator Name:     Residing at:

Date of Birth:     County and State of Domicile:

Recitals

WHEREAS, the Testator is of sound mind, over the age of eighteen years, and desires to declare a last will and testament disposing of the Testator's property in the event of the Testator's death; and

WHEREAS, the Testator desires to appoint a personal representative to carry out the provisions of this Will and to make dispositions for the Testator's property consistent with the Testator's intent; and

WHEREAS, the Testator hereby revokes all prior wills and codicils made by the Testator.

NOW THEREFORE

The Testator declares this instrument to be the Testator's Last Will and Testament and hereby directs that the provisions set forth below are to be carried out upon the Testator's death.

1. REVOCATION OF PRIOR INSTRUMENTS

The Testator revokes all former wills and codicils previously made by the Testator. Any prior testamentary instrument executed before the date of this Will is revoked and of no further force or effect.

2. APPOINTMENT OF PERSONAL REPRESENTATIVE

I appoint Personal Representative Name: to serve as Personal Representative (also referred to as Executor) of my estate. If the named Personal Representative fails to qualify or ceases to act, I appoint Alternate Personal Representative: .

The Personal Representative shall have full power to administer my estate as provided by law, including but not limited to the power to settle claims, sell property, employ professionals, and distribute assets. I direct that no bond or surety be required of any Personal Representative. Waive bond

3. PAYMENT OF DEBTS, EXPENSES, AND TAXES

I direct that all my legally enforceable debts, funeral expenses, and expenses of administering my estate, including estate taxes and inheritance taxes, be paid from my estate as soon as practicable. The Personal Representative shall determine payment priorities in accordance with governing law.

4. SPECIFIC BEQUESTS

I give, devise, and bequeath the following specific gifts:

If any beneficiary named above does not survive me by thirty (30) days, the gift to that beneficiary shall lapse and become part of the residuary estate unless otherwise provided herein.

5. RESIDUARY ESTATE

I give, devise, and bequeath all the rest, residue, and remainder of my estate, of whatever kind and wherever located, to Residuary Beneficiary: . If the residuary beneficiary does not survive me, I direct that the residue pass to Alternate Residuary Beneficiary: .

6. GUARDIANSHIP

If at my death I am the legal guardian of any minor children under the age of eighteen, I nominate Guardian for Minor Children: to serve as guardian. If that person is unable or unwilling to serve, I nominate Alternate Guardian: .

7. NO-CONTEST CLAUSE

If any beneficiary or other person contests this Will or any of its provisions by legal proceedings or otherwise, and such contest is not substantially justified, any share or interest in my estate given to that person under this Will shall be forfeited and shall become part of the residuary estate, unless the court determines that forfeiture would be inequitable.

8. SIMULTANEOUS DEATH

If the beneficiaries and I die under circumstances rendering it difficult to determine the order of death, it shall be presumed, for purposes of distribution under this Will, that the beneficiaries predeceased me unless there is clear and convincing evidence to the contrary.

9. TAXES

All estate, inheritance, transfer, and succession taxes and any interest and penalties thereon shall be paid out of the residuary estate without apportionment among beneficiaries, except to the extent required otherwise by law.

10. ATTORNEY POWERS AND EXPENSES

The Personal Representative may employ attorneys, accountants, appraisers, and other professionals and shall be entitled to reimbursement of reasonable expenses incurred in the administration of my estate. The Personal Representative may compromise and settle claims for and against the estate in the exercise of reasonable discretion.

11. ATTESTATION CLAUSE

I declare that I am signing this Will willingly, that I understand the nature of its contents and that I am of sound mind. I request that the undersigned witnesses attest and subscribe to this Will in my presence and in the presence of each other.

12. GOVERNING LAW

This Will shall be governed by and construed in accordance with the laws of the State of without regard to conflict-of-law principles.

13. ENTIRE AGREEMENT

This Will contains the entire disposition of my estate and supersedes all prior wills and codicils. No oral statement or other writing shall alter, modify, or affect this Will unless executed as a codicil in accordance with applicable law.

14. SEVERABILITY

If any provision of this Will is determined to be invalid or unenforceable, such provision shall be ineffective only to the extent of such invalidity or unenforceability and shall not affect the remaining provisions of this Will, which shall remain in full force and effect.

15. AMENDMENTS AND WAIVER

No amendment or waiver of any provision of this Will shall be valid unless made by a written codicil executed with the same formalities as this Will. A waiver by any party shall not constitute a waiver of any other provision.

NOTICES

Any formal notice required to be given under this Will shall be given in writing to the last known address of the person entitled to such notice and shall be effective upon receipt or refusal of delivery.

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