Last Will and Testament Document

Last Will and Testament Document

I, Testator Name: , of Testator Address: , being of sound mind and at least eighteen (18) years of age, hereby declare this instrument to be my Last Will and Testament, dated .

Recitals

WHEREAS, I am executing this instrument to declare my testamentary dispositions and to appoint one or more fiduciaries to carry out my wishes upon my death; and

WHEREAS, I revoke all prior wills and codicils previously executed by me, whether written or oral, except as specifically provided herein; and

WHEREAS, I desire to provide for the payment of my debts, funeral expenses, taxes, and to distribute my estate as set forth below.

Now Therefore

NOW THEREFORE, I revoke all prior wills and codicils and declare this to be my Last Will and Testament. I direct that all prior testamentary instruments executed by me are revoked and shall have no further force or effect, except as provided in this instrument.

1. Appointment of Personal Representative

I hereby nominate, constitute, and appoint Executor Name: , of Executor Address: , to serve as Executor of my estate. If the named Executor is unable or unwilling to serve, I nominate Alternate Executor Name: to serve with the same powers herein granted.

2. Payment of Debts, Expenses and Taxes

I direct my Executor to pay all of my legally enforceable debts, funeral and testamentary expenses, administration expenses, and all estate, inheritance, and similar taxes from my residuary estate as soon as reasonably practicable, without the necessity of a court order, in such manner as the Executor deems appropriate.

3. Specific Bequests

I give, devise and bequeath the following specific gifts to the persons named below, to be distributed free and clear of any trust unless specifically stated:

4. Residuary Estate

I give, devise, and bequeath all the rest, residue, and remainder of my estate, of whatever kind and wherever situated, to Residuary Beneficiary Name: , to be theirs absolutely and forever. If the residuary beneficiary does not survive me, then the residue shall pass to the alternate beneficiaries in equal shares as the Executor shall direct.

5. Guardianship of Minor Children

If at my death any of my children are under the age of eighteen (18) years, I nominate Guardian Name: , of Guardian Address: , to serve as guardian of the person and estate of such minor children. The guardian shall serve without bond unless a court orders otherwise.

6. Powers of the Executor

I grant my Executor the following powers, exercisable in the Executor's sole discretion without court order: to sell, lease, or mortgage any real or personal property; to compromise, settle, or litigate claims; to retain assets for investment; to open and close accounts; to employ attorneys, accountants and other professional advisors and to pay their reasonable compensation; to allocate receipts and disbursements between principal and income; and to perform all acts necessary for the efficient administration of my estate.

7. No Contest Clause

If any beneficiary, or any person claiming under any beneficiary, directly contests or attacks this Will or any of its provisions and such contest or attack is not substantially justified, then in addition to any other remedy available, that beneficiary shall forfeit any share or interest in my estate which the contesting beneficiary would otherwise receive under this Will.

8. Taxes, Debts and Administrative Expenses

All estate, inheritance and other death taxes, and expenses of administration, including reasonable attorneys' fees, shall be paid from my residuary estate without apportionment unless required by law. The Executor shall have the authority to determine tax allocations and apportionments in the Executor's reasonable discretion.

9. Governing Law

This Will shall be governed by and construed in accordance with the laws of the State of Governing Law State: , without regard to conflict of laws principles.

10. Entire Agreement

This instrument contains my entire testamentary disposition and supersedes any and all prior wills and codicils executed by me. No extrinsic evidence shall be used to vary, alter, or contradict its terms.

11. Severability

If any provision of this Will is declared invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision, which shall remain in full force and effect.

12. Notices and Amendments

Any amendment to or codicil of this Will must be in writing, signed by me in the same manner as this Will, and witnessed consistent with applicable law. All notices required or permitted hereunder shall be in writing and delivered to the last known address of the person to be notified.

13. Waiver

No waiver of any provision of this Will shall be valid unless in writing and signed by the party against whom enforcement is sought. The failure to enforce any provision shall not constitute a waiver of such provision.

14. Counterparts

This Will may be executed in multiple counterparts, each of which shall be an original, and all of which together shall constitute one and the same instrument.

Attestation and Witnesses

The undersigned witnesses declare that the Testator signed and executed this instrument as the Testator's Last Will and Testament in our presence, that the Testator appeared to be of sound mind and under no undue influence, that the Testator requested us to act as witnesses, and that we, at the Testator's request and in the Testator's presence, and in the presence of each other, have hereunto subscribed our names as witnesses.

I hereby subscribe my name to this Will on the date set forth below and declare under penalty of perjury that the foregoing statements are true.

Sign Now