Indiana Last Will and Testament

Indiana Last Will and Testament Form

LAST WILL AND TESTAMENT OF

BE IT KNOWN THIS DAY THAT,

I, , of County, Indiana,

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 divorced and have no children.

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.

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:

[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 .

If I name more than one person, they are to receive the property equally, per stirpes, or equally, or the survivor.

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: .

If I name more than one person, they are to receive the property equally, per stirpes, or equally, or the survivor.

ARTICLE SIX

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 SEVEN

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 EIGHT

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 NINE

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; 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.

ARTICLE TEN

Misc. Provisions

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

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.
Signed if Selected:

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.
Signed if Selected:

I desire to be buried in the cemetery in County, .
Signed if Selected:

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

I, , having signed this Will in the presence of and who attested it at my request on this the day of , 20 at (address), declare this to be my Last Will and Testament.

The above and foregoing Will of was declared by in our view and presence to be his/her Will and was signed and subscribed by the said in our view and presence and at his/her request and in the view and presence of and in the view and presence of each other, we, the undersigned, witnessed and attested the due execution of the Will of on this the day of , 20 .

Indiana Certification: Indiana Code § 29-1-5-3

UNDER PENALTIES FOR PERJURY, we, the undersigned testator/testatrix and the undersigned witnesses, respectively, whose names are signed to the attached or foregoing instrument declare:

(1) that the testator/testatrix executed the instrument as the testator's/testatrix’s Will;

(2) that, in the presence of both witnesses, the testator/testatrix signed or acknowledged the signature already made;

(3) that the testator/testatrix executed the Will as a free and voluntary act for the purposes expressed in it;

(4) that each of the witnesses, in the presence of the testator/testatrix and of each other, signed the Will as a witness;

(5) that the testator/testatrix was of sound mind when the will was executed; and

(6) that to the best knowledge of each of the witnesses the testator/testatrix was, at the time the Will was executed, eighteen (18) or more years of age or was a member of the armed forces or of the merchant marine of the United States or its allies.