Fill and Sign the Last Will and Testament Sample Free Legal Documents Form

LAST WILL AND TESTAMENTOF _____________________ I, ____________________ , of ____________________ , Virginia, make this will and revoke all my earlier wills and codicils. My wife is _________________. I have _______ children living on the date of this will: _____________________________________________________ . ARTICLE I DISTRIBUTION OF ESTATE A. Tangible Personal Property . I give my household furnishings, personal effects, automobiles, and all other tangible personal property to the Trustee under THE _______________________ REVOCABLE LIVING TRUST , to be held in trust under the terms in effect at my death. B. Personal Residences . I give all my interest in residences held in whole or in part for personal use by me or my family, including all adjoining real property, to the Truste e under THE __________________________ REVOCABLE LIVING TRUST , to be held in trust under the terms in effect at my death. 2 C. Remaining Estate . I give the residue of my real and personal estate to the Trustee under THE _______________________ REVOCABLE LIVING TRUST, to be held in trust under the terms in effect at my death. ARTICLE II PAYMENT OF CHARGES A. Debts and Funeral Expenses . My Executor shall pay or arrange for the payment of my legally enforceable debts, my charitable pledges, and the expenses of my funer al and burial (including any headstone or marker). B. Taxes . My Executor shall pay or arrange for the payment of all estate, inheritance, and similar taxes payable by reason of my death as a cost of administe ring my estate without apportionment. This includes taxes on assets not passing under this will and interest on taxes. My Executor shall take advantage of any specific provisions for payment of estate, inheritance, and similar taxes. ARTICLE III EXECUTOR PROVISIONS A. Executor . I name my wife, _____________________, to be my Executor. If she shall fail or cease to serve, then I name ______________________ as my Executor. The fiduciary shall receive for its services the compensation specified in its publi shed fee schedule in effect at the time it renders services, and its compensation m ay vary from time to time based on that schedule. My Executor shall not be required to provide surety or other security on a bond. 3 B. Executor's Management Powers . My Executor shall have the powers granted by law and the powers in Virginia Code section 64.1-57, and I incorporate that section in my will by this reference. My Executor may borrow money (including borrowings from the fiduciary or its affiliate) for any purpose that my Executor considers to be in the be st interest of my estate. My Executor may secure such borrowings with assets of my e state. My Executor may make all tax elections and allocations my Executor considers appropriate, and any elections or allocations made in good faith shall not be subject to challenge by any beneficiary. C. Certain Investments . I may hold assets at my death that would not meet the standard in Virginia as suitable investments to be held by my Executor. My Executor ma y nevertheless retain the assets for as long as my Executor considers appropriate even if the assets represent an overconcentration or do not meet the standard of prudence. My Executor may invest the assets of my estate in money market funds or other mutual funds affiliated with my Executor. The compensation of my Executor or its affiliate f rom the fund shall not reduce the compensation of my Executor under this will. I have signed and sealed my will consisting of four (4) typewritten pages (not including the self-proving affidavit on the following page) on this ______ day of _______________ , 20______ . _______________________________ _______________________, Testator The Testator signed, sealed, and declared this as the Testator's will in our presenc e on the date shown above. At the Testator's request we have both signed our names as witnesses. All of this occurred at the same time, and we and the Testator were present together throughout. 4 ___________________________ ___________________________________________ Witness Address Print Name: _________________ ___________________________ ___________________________________________ Witness Address Print Name: _________________ STATE OF VIRGINIA ) )ss. CITY/COUNTY OF _________________ ) I, the undersigned, an officer authorized to administer oaths, certify that _____________________, the Testator, and ____________________ and _____________________ the witnesses, respectively, whose names are signed to the attached foregoing instrument, having appeared together before me and having been first duly sworn, each then declared to me that the Testator signed and executed the instrument as his Last Will and Testament, and that the Testator had willingly signed, and that he executed it as his free and voluntary act for the purposes therein expressed; and that e ach of the witnesses, in the presence and hearing of the Testator and at his request, and in the presence of each other, signed the Will as witnesses, and that to the best of their knowledge, the Testator was at that time eighteen (18) or more years of age, of sound mind, and under no constraint or undue influence. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal this _______ day of _________________, 20____. __________________________Notary Public My commission expires:__________________