Last W ill a n d T esta m en t of Y YY
I, YY Y, of CCC, Virginia, being married to YYY and having
__ ___ chil dren, kk k, do make and declare this to be my last will
and testam ent and do hereby revoke all wills and codicils
he retofore m ade b y m e. 1. P AY MENT O F D EBTS A ND E XPENSES 1.1. I direc t that all of my just debts (including unpaid
ch aritable pledge s whether or no t enforceable), my funeral
ex penses, and the cost of the administration of my estate be paid
out o f m y r esiduary e state a s s oon a s p racticable a fter m y d eath. 2. D IS TRIBUTION O F M Y E STATE 2.1. I lea ve all my tangible personal property to my
hu sband, YYY, provi ded only that he su rvive me by thirty days. If
he does not survi ve me by thirty days, I leave the same to my
ch ildren i n a s n ear ly e qual s hares a s i s p racticable.2.2. Notwith standing the provi sions of paragraph 2.1, I may
leave a me morandum with this will setting forth my wishes with
respect to the disposition of ce rtain items of my tangible
pe rsonal property upon my death, but such memorandum will be
si mply an expressi on of my wishes and shall not create any trust
or obl igation nor shall it be offered for probate as part of this
will.
2.3. I give all the rest and remainder of my estate, whether
re al or personal and wherever situa ted, including any property
ov er which I may have a power of app ointment, to my husband if he
su rvives me by at le ast thirty days. If he does not survive me by
th irty days, then I give, devise, and bequeath all my remaining
estate, real, per sonal, and mixed and wherever situated, not
including, however, any property over which I may have a power of
ap pointment by wil l, in equal shares to my children surviving me,
and to the issue surviving any pred eceased children, said issue
taking b y r ight o f r epresentation. 3. A PP OINTMENT O F F IDUCIARIES 3.1. I appo int my husband to be executor and temporary
executor under this will. If he shall fail to qualify or cease to
se rve fo r any reason, then I name _________________,
__ _______________, and _________________ as successor executors. I
ap point ______ ___________, _________________, and
_________________ as trustees of any trusts under this will, each
with the authority to name his or her respective successor. I
di rect tha t no exec utor, temporary executor, trustee, or any other
person adm inisterin g my estate under this will shall be required
to furnish surety or sureties on his or her bond or to give any
bond except as requ ired by law; and shall not be liable for errors
of jud gment in goo d faith or for the acts or neglect of preceding
fiduciaries. It is my desire and requ est that, in connection with
the allowance of the accounts of any fiduciary under this will,
the repres entation by a guardian ad litem of the interests of
pe rsons unborn or unascertained or the interests of any other
person be dispense d with, insofar as permitted under the laws of
th e j urisdiction g o verning s uch a ccounts. 4. P OW ERS O F F IDUCI ARIES 4.1. During the administratio n of my estate, my temporary
executor and my executor in his or her discretion may make
distributions of income and principal directly to or for the
benefit of the beneficiaries entitled thereto. Any such
distribution may be made in such am ounts, and at such times, and
whether proportion ate or disproportionate, as the executor shall
deem to be in the best interests of all my beneficiaries. My
ex ecutor shall be fully indemnified with respect to any
determination, actio n, or nonaction with respect to the provisions
of this paragraph, and all determinations made shall be binding
up on all persons for all purposes. Any successor executor or
tr ustee is author ized and directed to accept from any prior
executor or trustee the assets deliver ed by such prior executor or
tr ustee on the basi s of the accounting therefor as submitted by
su ch prio r executo r or trustee, without requiring an audit or
ot her independent accounting of the ac ts of such prior executor or
tr ustee, and any successor executor or trustee shall not have
duty, res ponsibili ty, obligation, or liability whatsoever for the
acts o r o m issions o f a ny p rior e xecutor o r t rustee. 4.2. If a share of my estate would otherwise be
di stributable to a person who is unde r the age of twenty-one years
or to a person wh om the executor adjudges to be incapable of
ei ther se lf-support or of managin g his or her personal or
fi nancial affairs by reason of a physical or mental impairment,
then my executor or trustee is aut horized in his or her sole
discretion to hold or distribute the said share in any one or more
of t he f ollowing w a ys t o o r f or t he b e nefit o f s uch p erson: (a) Hold and administer the property or portion of it in
tr ust and ma ke such payments to or on behalf of the
beneficiary as the trustee dee ms appropriate. My trustee
sh all exercise his or her discret ion in a liberal manner, but
other financi al resources or en titlements available to the
beneficiary sh all be taken int o account in the making of
di scretionary payments, the pur pose of the trust being to
su pplement, an d not to supplant , what benefits and services
th e beneficiar y may from time to time be eligible to receive
by reason of age, disability, or other factors, from federal,
st ate, a nd l oc al g overnmental, a nd c haritable, s ources;(b) Pay the share or any portion of it directly to the
person or to a parent or guardi an of the person responsible
for t he c are o r c ustody o f t he p erson's e state; o r(c) Appl y the share or any portion of it directly to the
use o r b enefit o f s uch p erson; pr ovided, however, that any amount held under this paragraph shall
be turned over to the beneficiary when his or her incapacity has
ended, or when he or she has attained the age of twenty-one years,
wh ichever occurs later; or shall have died prior to full
distribution, in wh ich case the amount remaining shall be paid
over t o h i s o r h er e state. 4.3 In addi tion to the powers granted by law, I grant my
ex ecutor, temporary executor, and my trustee the powers set forth
in Virginia Code § 64.1-57, and I in corporate that statute in my
wi ll by th is refere nce. My executor, temporary executor, trustee,
an d an y ot her pers on administering my estate, herein named and
their successors, shall have, in addi tion to and not in limitation
of all common law and statutory powers and powers otherwise
conferred by this instrument, the following powers without
ap proval of any court or consent of the beneficiaries. Such
powers, except as expressly limited in this instrument, may be
ex ercised by the pe rson or persons for the time being collectively
se rving as such ex ecutor, temporary executor, or trustee, whether
or n ot n amed t herei n. (a) To administer, inves t, and re-invest in any
property, incl uding real and personal property, stocks,
bo nds, and ot her securities, in vestment companies and common
tr ust funds (without the necessity of notice to
be neficiaries) , in any state or jurisdiction, and whether or
no t of a ki nd or in a proportion ordinarily considered
suitable f or f iduciary i nvestments.(b) To ma ke secured or uns ecured loans and with respect
to mortgages and other security held by the estate, whether
or no t the terms thereof extend beyond the period of time
necessary to distribute the estate; to modify the terms
thereof, to release partially, to foreclose, and to purchase
at f oreclosure s ales.(c) To participate in any reorganization,
recapitalizati on, merger, or similar transaction; to give
proxies or powers of attorney with or without power of
su bstitution for voting upon an y share or certificates of
in terest b elong ing t o t he e state.( d) To ma nage real property in such manner as it shall
deem best inc luding authority to erect, alter, or demolish
bu ildings, to improve, repair, insure, subdivide, and vacate
an y of said property; to adju st boundaries; to dedicate
st reets or ot her ways for public use without compensation; to
im pose such easements, restr ictions, conditions,
stipulations, and covenants as he or she may deem fit; to
le ase for such tim es and on such terms as he or she may deem
advisable (with or without privilege of purchase) and whether
or not th e lease may extend beyond the time necessary to
di stribute t he e sta te. (e) To se ll at public or private sale and to exchange or
pa rtition all or any part of the property held by him or her
as fiduciary, without order or license from any court, and to
ex ecute any an d all deeds and other instruments necessary or
ap propriate therefor, with or without covenants, warranties
and r epresentat ions.(f) To borrow money from himself or herself individually
or from other s upon such terms and conditions as he or she
may deem advi sable and to mortga ge and pledge trust assets as
se curity f or t he r epayment t here of.(g) To ca rry stock certificates and other property held
by them in th e form of street certificates or in the name of
a no minee or any person, including the fiduciary, or in any
other form, without disclosing the existence of any fiduciary
relationship.(h) To delegate the power to sign checks to a co-
fiduciary o r t o a ny o ther p erson.( i) To ma ke any distributio n or division required under
this will, including the satisfaction of any pecuniary
bequest (or charitable pledge if otherwise payable) in cash
or in kind or partly in each, at such valuation as he or she
may deem just and proper, and pr o rata or otherwise as to any
particular as set. The decision and valuation if made upon
consultation with the beneficiaries and in good faith shall
be f inal a nd c onclusive u pon a ll p ersons i nterested.(j) To determine, in accordance with reasonable
accounting pr actice, what shall belong and be chargeable to
pr incipal and what shall belong and be chargeable to income,
an d in making that determination , may employ an accountant or
at torney-at-la w and rely upon hi s or her opinion; provided,
however, that all capital gains distributions from investment
companies s hal l b e t reated a s p rincipal.
(k) To amortize or to refr ain from amortizing premiums
on s ecurities p urchased a t m ore t han p ar.(l) To re tain such reserves out of income as he or she
may deem prop er for expenses, taxes, depreciation, and other
liabilities o f m y e state.(m) To co mpromise or adjus t by arbitration any claim in
fa vor of or against my estate, any tax payable by my estate,
an d any contr oversy as to the interpretation of this will or
th e administr ation of my estate , including the determination
as to which articles of tangible personal property are
included u nder a ny s pecific b equest m ade i n t his w ill.(n) To pay any expenses involved in the delivery of any
article of ta ngible personal pro perty and to charge the same
as a n e xpense o f a dministration.(o) To expend funds in connection with my burial,
in cluding provi sion for the perp etual care of my cemetery lot
and f or a n a pp ropriate m emorial s tone o r m onument.(p) To re tain until distri bution without liability for
loss or dep reciation resulting from such retention any
property owne d by me at the tim e of my death; and until such
distribution, the income of the estate may be paid in whole
or i n p art t o t he b eneficiaries e ntitled t o t he s ame.(q) To ma intain insurance on the property in my estate,
wh ether or no t specifically de vised or bequeathed, against
su ch perils an d liabilities and for such periods and amounts
as he or she may deem advisa ble; and to transfer to the
beneficiary to whom the property is devised or bequeathed
such insuranc e on said property , whether purchased by me or
by the fidu ciaries, and wi th or without receiving
compensation t herefor.(r) To join with my spous e in the filing of any joint
income tax or gift tax return s without duty to give or
re ceive consi deration therefor or to make compensating
ad justments;(s) To consent that half of any gifts made by my spouse
sh all be considere d for the purpose of the federal gift tax
law as ma de by me though it may result in additional
liabilities t o m y e state. (t) To make any election available to my estate,
wh enever in its sole discretion it determines that it is
ad visable to do so, including wit hout limitation the election
of an alterna te valuation date, the election of the special
us e method of valuation, the election to treat as Qualified
Terminable Int erest Property for estate or gift tax purposes
an y or all pr operty that qualifies for such treatment; the
deduction for income tax purposes of any expense of my estate
an d the elect ion of the method of payment under any plan,
policy, or contract; and the allocation of any Generation
Skipping Tax exemption availabl e to me at my death with
respect to property passing und er this will or otherwise.
Any decision regarding any suc h election or allocation, if
ma de in good faith, shall be binding and conclusive
irrespective of the effect on the amount or allocation of the
burden of an y tax. Compensating adjustments as between
in come and pr incipal or as between beneficiaries may be made
in t he d iscret ion o f t he f iduciar y b ut s hall n ot b e r equired.(u) To abandon, in any way, property which the fiduciary
determines n ot t o b e w orth r etain ing.(v) To lend, borrow, buy, or sell on commercially
re asonable te rms to or from any fiduciary acting under
another i nstru ment m ade b y m e o r o n m y b ehalf.(w) To combine all or part of the property for
investment wi th property held by a fiduciary acting under
another instr ument upon substantially similar terms made by
me or for my benefit, except that property qualifying for a
ma rital deduc tion for federal tax purposes may not be so
co mbined. 4.4 Notwith standing any other provisions of this will
hereinbefore set forth, in the event any trust held hereunder
shall, in the op inion of my trustee, become uneconomic or
ot herwise inadvisab le to administer as a trust, my trustee, if he
or she dee ms it in the best interes ts of the beneficiaries, is
au thorized to termi nate such trust and distribute the principal to
or for th e benefit of the beneficiaries then entitled to receive
th e incom e and in the same proportions. If none of the
beneficiaries is entitled to receiv e the income, my trustee may
distribute the pri ncipal in such amou nts and shares as my trustee
ma y, i n h i s o r h er a bsolute d iscretion, d etermine.5. G UA RDIAN O F M INO R C HILDREN If my husband does not survive me, I name ___________ to be
th e gu ardian of th e person of each of my minor children. Should
__ ____________ fail or cease to serve, I name ______________ to be
th e g uardian o f e ac h o f m y m inor c hild ren.IN WI TNESS WHEREOF, I, the undersigned Testatrix, sign my
na me to this my La st Will and Testam ent, consisting of seven (7)
typewritten pages, including this and the page upon which the
attestation clause appears, on the bottom of each of which I have
placed my initials for purposes of identification this _______ day
of ___ _______, 200 6, and being first duly sworn, do hereby declare
to the und ersigned witnesses and authority that I sign and execute
th is instr ument as my Last Will and Testament and that I sign it
wi llingly, that it is my free and voluntary act for the purposes
th erein expressed, and that I am eighteen (18) years of age or
ol der, o f s ound m in d a nd u nder n o c on straint o r u ndue i nfluence. _ _ ___________________________ Testatrix S ign ed, seal ed, published, and declared for and as her Last
Will and Testament by the Testatrix in our presence, we all being
present at the sa me time; and we, in her presence and at her
request an d in th e presence of each other, have subscribed our
names as witnesses whereof, all on the date last above written.
Fu rthermore, we de clare that to th e best of our knowledge the
Testatrix is eight een (18) years of age or older, of sound mind
and u nder n o c onstr aint o r u ndue i nfl uence.
__ ___ ______ _________ _______ R ESIDING A T _ _________________________Wi tness City a nd S tate__ _________________ ________ R ESIDING A T _ _________________________Wi tness City a nd S tateST ATE O F V IRGINIA ) ) s s.CO UNTY O F C HESTERFI ELD ) I , th e unders igned, an offic er authorized to administer
oaths, certify th at ___________________________, the Testatrix,
and ____________ _________ and _______________________ the
witnesses, respect ively, whose names are signed to the attached
fo regoing instrume nt, having appeared together before me and
having be en first duly sworn, each then declared to me that the
Testatrix signed and executed the ins trument as her Last Will and
Testament, and that the Testatrix had willingly signed, and that
she execu ted it as her free and voluntary act for the purposes
th erein exp ressed; and that each of the witnesses, in the presence
an d hearing of the Testatrix and at her request, and in the
presence of each other, signed the Will as witnesses, and that to
th e best of thei r knowledge, the Testatrix was at that time
eighteen (18) or more years of age, of sound mind, and under no
co nstraint o r u ndue i nfluence. IN WI TNESS WH EREOF, I have her eunto subscribed my name and
affixed m y o fficial s eal t his _ ______ d ay o f _ __________, 2 00 6._ _ _________________ ___________No tary P ublic
My c om mission e xpir es: