Fill and Sign the Last Will Testament Virginia Form

LAST WILL AND TESTAMENT OF XXX I, XXX, of ccc, Virginia, make this will and revoke all my earlier wills and codicils. My wife is YYY. I have nnn children living on the date of this will: kkk. Article I Distribution of My Estate I give my tangible personal property to my wife, YYY,("my wife"), if she survives me by 120 hours. If my wife does not survive me by 120 hours, I give my tangible personal property in equal shares to my children and to the descendants, per stirpes, of any children who predecease me; provided that my Executor may sell any articles of my tangible personal property that my Executor may deem inappropriate for distribution in kind and add the proceeds to my residuary estate. I may leave a writing indicating certain items of my tangible personal property that I request be distributed to the persons specified therein. I understand that this request is not binding. Tangible personal property includes stamp or coin collections but does not include other money or stock certificates or other evidences of intangible rights or interests. I give the residue of my real and personal estate to my wife, if she survives me by 120 hours. If my wife does not survive me by 120 hours, I give such residue in equal shares to my children and to the descendants, per stirpes, of any children who predecease me. A person who has a relationship by or through legal adoption shall take under this will as if the person had the relationship by or through birth, except that a person adopted after reaching age 21 (twenty - one) and descendants of such a person shall not so take. Any beneficiary or the legal representative of any deceased beneficiary shall have the right, within the time prescribed by law, to disclaim any benefit or power under my will. ARTICLE II Provisions for Interests Vesting in Beneficiaries Under Age Twenty One 2 Notwithstanding the foregoing provisions, whenever any interest in my estate vests absolutely in a beneficiary under age 21 (twenty-one), my Trustee may retain the interest upon a separate trust and pay to the beneficiary as much of the net income or principal as my Trustee may deem appropriate to provide for the beneficiary's support, education, or other needs until the beneficiary reaches age 21 (twenty-one), when the interest shall go outright to the beneficiary. If the beneficiary dies before reaching that age, the interest shall constitute a part of the beneficiary's estate. Also, while the beneficiary is a minor, any part of the interest may be distributed to a custodian (selected by my Trustee) for the beneficiary under the Commonwealth of Virginia Uniform Transfers (Gifts) to Minors Act (21). These are powers only and do not prevent absolute vesting of the interest in the beneficiary. Article III Payment of Debts and Other Charges . I direct my Executor to pay my debts and my funeral and burial expenses (including the cost of a monument or marker over my grave). My Executor shall not seek contribution from my wife on our joint debts. Notwithstanding these provisions, if my wife wishes to receive our principal residence subject to any debt 3 against it and if this can be accomplished without undue difficulty in administering my estate, the property may pass to her subject to the debt. The estate, inheritance, and similar taxes assessable on my death (including taxes on assets not passing under this will) shall also be paid as a cost of administering my estate and my Executor shall not request any beneficiary to pay any part of such tax. Article IV Miscellaneous Provisions Spendthrift Trust . To the extent permitted by law, neither the principal nor income of any trust shall be liable for the debts of any beneficiary, or, except to the extent otherwise specifically provided, to alienation or anticipation by a beneficiary. Matters of Interpretation . For simplicity, I have expressed pronouns and other terms in one number and gender, but where appropriate to the context these terms shall be deemed to include the other number and genders. The headings are for convenience and shall not affect interpretation. Article V Appointment of Fiduciaries and Powers 4 I name my wife, YYY, to be my Executor. Should she fail or cease to act, I name AAA to be my Executor and my Trustee. If administration of my estate should be necessary in any jurisdiction in which my Executor and my Trustee are unable to qualify, I give to my Executor and my Trustee the power to designate any individual or corporation with trust powers to serve with my Executor and my Trustee or in my Executor's and my Trustee's stead. I request that no security be required of any Executor or Trustee, including an Executor and a Trustee named pursuant to the preceding sentence. References in my will to my "Executor" and my "Trustee" are to the one or ones acting at the time, except where otherwise specifically provided. In addition to the powers granted by law, I grant my Executor and my Trustee the powers set forth in Virginia Code § 64.1-57, and I incorporate that statute in my will by this reference. My Executor and my Trustee may distribute tangible personal property passing to a minor to any adult person with whom the minor resides, and that person’s receipt shall be a sufficient voucher in the accounts of my Executor and my Trustee. Article VI Guardianship 5 If my wife does not survive me, I name GGG to be the guardian of the person of each of my minor children. Should GGG fail or cease to serve, I name HHH to be the guardian of the person of each of my minor children. I have signed and sealed my will consisting of six (6) typewritten pages (not including the self-proving affidavit on the following page) on this _______ day of ______________, 2006. _______________________________ XXX, Testator The Testator signed, sealed, and declared this as the Testator's will in our presence 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. ___________________________ _______________________________ Witness Address ___________________________ _______________________________ Witness Address 6 STATE OF VIRGINIA ) )ss. CITY/COUNTY OF __________________) I, the undersigned, an officer authorized to administer oaths, certify that XXX, 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 each 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 ________________, 2006. __________________________ Notary Public My commission expires: 7