MISSOURI WILL INSTRUCTIONS
Single with Minor Children
U.S. Legal Forms, Inc.
http://www.uslegalforms.com
1. This Will is designed to be completed on your computer. To do so, use your
mouse and click on each field which will be highlighted in gray. This will replace the gray with
the words you type.
Example: _____________________________[1] will become JOHN DOE.
2. Article / Field Completion Instructions
Field [1] - Your name.
Field [2] - Your name
Field [3] - Your County of Residence.
ARTICLE ONE
Field [4] – [9] Type the name(s) and birth date(s)for all of your children.
ARTICLE THREE
This article is for you to specify specific property to go to a specific person. If you do
not leave any, type none and delete the fields.
Field [10] - Type name.
Field [11] - Type street address.
Field [12] - Additional Address line.
Field [13] - City, State, Zip.
Field [14] - Relationship.
Field [15] - Describe the property to go to this person.
Field [16] - Type name.
Field [17] - Type street address.
Field [18] - Additional Address line.
Field [19] - City, State, Zip.
Field [20] - Relationship.
Field [21] - Describe the property
Field [22] - Type name.
Field [23] - Type street address.
Field [24] - Additional Address line.
Field [25] - City, State, Zip.
Field [26] - Relationship.
Field [27] - Describe the property
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ARTICLE FOUR
This article is for you to leave your property and estate of every kind to your children
equally, per stirpes. Per stirpes means that the descendants of any children that predecease
you will receive their deceased parents share.
Field [28] Type name(s) of child(ren) to receive property and estate.
Fields [29-30] Omitted.
ARTICLE FIVE
This article is to provide for establishment of a trust on behalf of minor beneficiaries:
Field [31] Enter age under which property will be placed in trust.
Property left to children below this age will receive the
property in trust.
Fields [32-34] Enter age at which property will be transferred to the
Children from the trust outright.
Field [35] Omitted.
ARTICLE SEVEN
This article is for you to appoint a Trustee and successor Trustee. This must be an
adult.
Field [36] - Type name of Trustee.
Field [37] - Type name of successor Trustee.
ARTICLE EIGHT
This article provides for the appointment of a guardian of minor children.
Field [38] Type the name of Guardian.
Field [39] Enter the age below which you desire a guardian to be
appointed for your minor children.
Field [40] Omitted.
ARTICLE NINE
This article is to provide for the appointment of a Personal Representative and
successor Personal Representative.
Field [41] Type the name of the person you are appointing as
Personal Representative.
Field [42] Type the name of the person you are appointing as
successor Personal Representative.
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ARTICLE TWELVE
All parts of Article 12 are optional. Complete as desired. Be sure to write your initials
for any of these items you desire to apply.
Field [43] - Type name of Cemetery.
Field [44] - Type County.
Field [45] - Type State.
ENDING AND SIGNATURE
Field [46] - Your name.
Field [47] - Your name.
Field [48] - Your name.
Field [49] - Your name.
Field [50] - Your name.
Field [51] - Your name.
Field [52] - Your name.
All other blanks in the Will are typically completed by hand, such as the names of the
witnesses, day, month and year executed, etc.
Once you have completed the Will, double check all entries and then print. The Will
should be signed by you in front of two witnesses, not related to you. Please sign all pages
of the Will in the places designated.
The self-proving affidavit is used to prove the Will and make the Will subject to
probate. If the affidavit is not completed now, someone will have to locate the witnesses after
your death and obtain an affidavit. Therefore, it is best to sign the Will in the presence of two
witnesses AND a notary public so that the affidavit can be completed by the Notary.
You should keep your Will in a safe place once executed. It is also recommended that
you give a copy to your executor or other person as additional proof of execution.
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ADDITIONAL INFORMATION ABOUT YOUR WILL FORM
This section will briefly explain some of the articles of your will and provide other
information. Articles of the Will which are basically self explanatory are not discussed here.
In addition, information which is already provided in the instructions above is not repeated.
First Paragraph: The first paragraph of the Will, provides your name, residence
information and provides that all prior Wills, if any, are revoked since you have now made a
new Will.
Article Three: Some people have specific property that they desire to leave to a
specific person, such as a ring or antique. This Article is for you to leave such property. You
do not have to name specific property and may simply state none if no property is to be left
under this Article.
Article Nine: This Article is for you to name a personal representative, also
called executor or executrix. The person named should be an adult.
Article Ten: If not waived, some Courts will require your Personal
Representative post a bond, and file an inventory, accounting and/or appraisal. All can be
costly and time consuming. This Article states your intention that your Personal
Representative not be required to post a bond or file an inventory or accounting.
Article Eleven: This Article sets forth powers of your Personal Representative and
is designed to give broad powers without the requirement that Court approval be sought for
action by the Representative to the extent permitted by the laws of your State.
Article Twelve: This article sets forth some legal construction intentions to clarify
some of the issues which may arise.
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BASIC INFORMATION
What is a Will? A Will is a document
which provides who is to receive your
property at death, who will administer your
estate, the appointment of trustees and
guardians, if applicable, and other
provisions.
Who may make a Will? Generally, any
person 18 years or older of sound mind
may make a Will. (Some states allow
persons under 18 to make a Will)
What happens if I die without a Will? If
you die without a will you are an intestate.
In such a case, state laws govern who
receives your property. These laws are
called "intestate succession laws". If you
die without a Will, the Court decides who
will administer your estate. Generally, it is
more expensive to administer an estate of
a person who died without a Will, than a
person who dies with a Will.
General
When making a Will you need to consider
who will be named as your personal
representative or executor to administer
your estate, who you will name as guardian
and trustee of minor children if your spouse
does not survive you and who will receive
your property. You should also consider
tax issues. The person appointed as
executor or administrator is often your
spouse, but you should also name an
alternate, in case your spouse
predeceases you. The person you name
should be a person you can trust and who
will get along with the beneficiaries named
in the Will.
In the event your spouse predeceases you,
the guardian you name will have actual
custody of your minor children unless a
court appoints someone else. The trustee
you appoint to administer a trust you
established will be in charge of the assets
of the trust for the benefit of the minor
beneficiaries.
Generally, a Will must be signed in the
presence of at least two witnesses (three
for Vermont) who also sign the Will. A
notary public will also need to sign if the
Will contains a self-proving affidavit.
Generally, a self-proving affidavit allows
the Will to be admitted to probate without
other evidence of execution. Joint Property: Many people do not
understand that joint property may pass
outside your Will and also sometimes
assume that it will pass through their Will.
They do not understand the significance of
joint ownership. The issue is common in
the following areas, provided as examples:
(a) Real Estate: Often, a husband
and wife will own real estate as joint
tenants with rights of survivorship. If one
party dies, the surviving party receives the
property regardless of what the Will
provides. This is common and generally
acceptable. However, if this is not your
desire you should change the ownership of
the property to tenants in common or other
form of ownership. If you own real estate
as tenants in common, then you may
designate who will receive your share of
the property at your death. This issue can
be a problem when uninformed persons
take title to real estate as joint tenants with
rights of survivorship but really intended to
leave their share to, for example, children
of a prior marriage.
(b) Bank Accounts/Certificates of
Deposit, Stock, Retirement Plans, IRA’s
and other type Property: The same
ownership as real estate can be made of
these investments. In fact, many Banks
routinely place Bank accounts and
Certificates of Deposit in the joint tenant
with right of survivorship form of
ownership if more than one person is on
the account or CD, without advising you of
the consequence of same. In situations
where the persons are husband and wife
and there is no issue or concern over
divorce or children from previous
marriages, this may be the best course of
action. However, with divorce on the rise,
premarital agreements and multiple
marriages being common, the parties may
be doing something that was not their
intent. Another common problematic
situation is where a parent has more than
one child but only one child resides in the
hometown of the parent. The parent may
place the name of the child who resides
there on all accounts, CD’s and other
investments for convenience reasons and
establish a joint tenant with right of
survivorship situation without realizing that
only that child will be entitled to those
assets at the parent’s death. Simply put,
you should be aware when you acquire an
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asset or investment exactly how it is titled.
.
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For additional information, see the Law Summary and Information and Preview links in
the search results for this form. A Definitions section is also linked on the Information
and Preview page.
DISCLAIMER/LICENSE/LIABILITY LIMITATION
All forms in this package are provided without any warranty, express or implied, as
to their legal efect and completeness. Please use at your own risk. If you have a
serious legal problem we suggest that you consult an attorney. U.S. Legal Forms,
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are not a substitute for the advice of an attorney.
Your Will starts on the next page.
LAST WILL AND TESTAMENT OF
___________________________________[1]
BE IT KNOWN THIS DAY THAT,
I, _____________________________[2] , of __________________[3] County, Missouri,
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 single (not married). I am a parent of the following children:
Name: _____________________________[4] Date of Birth: __________________[5]
Name: _____________________________[6] Date of Birth: __________________[7]
Name: _____________________________[8] Date of Birth: __________________[9]
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. However, this provision shall not
extend the statute of limitations for the payment of debts or enlarge upon my legal obligation or
any statutory duty of my Personal Representative to pay debts.
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:
Name Address Relationship
[10] [11]
[12]
[13] [14]
Property: [15]
Name Address Relationship
[16] [17]
[18]
[19] [20]
Property: [21]
Signed by Testator/Testatrix: _____________________________
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Name Address Relationship
[22] [23]
[24]
[25] [26]
Property: [27]
[LIST OR STATE NO PROPERTY LEFT UNDER THIS ARTICLE]
In the event I name a person in this Article and said person predeceases me, the
bequest to such person shall lapse and the property shall pass under the other provisions of this
Will. In the event that I do not possess or own any property listed above on the date of my
death, the bequest of that property shall lapse.
ARTICLE FOUR
All Property of Every Kind
I will, devise, bequeath and give all 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 (“Residuary
Estate”), to my child(ren) ___________________________________________________[28] .
If I have more than one child and one of my children shall predecease me, then the equal share
set apart for that deceased child shall instead be distributed to his or her descendants, per
stirpes. If one of my children shall predecease me leaving no descendants surviving, then the
equal share set apart for that deceased child shall instead be distributed to my other child, or if
that child has also predeceased me, then to his or her descendants, per stirpes.
ARTICLE FIVE
Property To Vest In Trustee for Child Beneficiary
If any of my children are under the age of __________________[31] years of age on the
date of my death, then I direct that my Personal Representative shall transfer, assign and
deliver over to my Trustee, named below, such beneficiary’s share of my estate and the objects
of property described herein. I direct my Trustee to hold said Beneficiaries share of my estate
on the following terms and conditions:
A.
The Trustee shall hold and administer the assets of the Trust for the use and benefit of
the Beneficiaries for the purpose of providing for their health, education and general welfare in
accordance with their accustomed standard of living as much as is possible, considering the
value of the Trust property and their other sources of income.
B.
The Trustee, may in his or her discretion, distribute to or for the benefit of the named
Beneficiaries, such portions of the income and principal of the Trust as he or she in his or her
sole discretion shall determine to be necessary to accomplish the purposes of this Trust. The
Trustee may make such distributions as often or as seldom as he or she may determine in his
or her sole discretion without the necessity of any court authority or approval, this being a
private trust.
Signed by Testator/Testatrix: _____________________________
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C.
As each Beneficiary herein reaches the age of ________[32] years, the Trustee shall
distribute to said beneficiary his or her share of the trust principal and income as of the
distribution date. When the youngest Beneficiary reaches the age of ________[33] years, the
Trustee shall distribute all of the remaining Trust property including principal and accumulated
income to the Beneficiary and this Trust shall terminate. In making said distributions, the
Trustee may make distributions in kind and shall have the sole discretion as to valuation of the
Trust property in determining and apportioning distributions among the Beneficiaries.
D.
In the event of the death of any of the above named Beneficiary prior to the final date of
distribution, and said deceased Beneficiary shall leave living issue, the Trustee shall hold only
that portion of the Trust property attributable to said deceased Beneficiary beyond the
distribution dates as provided in Subparagraph C above, and administer said Trust property for
the use and benefit of said living issue. When said youngest living issue reaches the age of
________[34] years, the Trust as to said living issue shall terminate and the Trustee shall
distribute all of the remaining Trust property in equal shares to said living issue. In the event of
the death of any of the above named Beneficiaries prior to the final date of distribution and said
deceased Beneficiaries leave no living issue, then that portion of the Trust property to be
distributed to the deceased Beneficiaries as provided for in Subparagraph C above, shall
instead be distributed to the surviving Beneficiaries in equal shares.
E.
Personal and real property may be maintained for my Beneficiaries or converted to cash
as my Trustee shall determine. I direct that my Trustee administer hereunder any funds coming
into the hands of my Beneficiaries pursuant to any life insurance policy insuring my life.
ARTICLE SIX
Creditors of Beneficiaries
Neither the principal nor the income of any Trust provision contained in this Will nor any
part of same shall be liable for the debts of any Beneficiary hereunder, nor shall the same be
subject to seizure by any Creditor of any Beneficiary, and no Beneficiary therein shall have any
power to sell, assign, transfer, encumber, or in any manner to anticipate or dispose of his or her
interest in the Trust fund, nor any part of same nor the income produced from said fund nor any
part of same.
ARTICLE SEVEN
Appointment of Trustee
I appoint _____________________________[36] , or if the appointee fails to qualify or
cease to act, I appoint _____________________________[37] , as Trustee of the Trust
provisions of this Will to serve in said capacity with all the powers during the administration of
the Trust as are granted to Trustees under Missouri law including the power to sell any of the
real or personal property of the Trust for cash or on credit or to mortgage it or to lease it, all to
be exercised without Court order. The Trustee named herein shall also have all powers as are
granted to my Personal Representative under the provisions of this Will during the
Signed by Testator/Testatrix: _____________________________
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administration of this private Trust.
ARTICLE EIGHT
Appointment of Guardian
I appoint _____________________________[38] , as guardian of my children who may
be under the age of _________[39] years.
ARTICLE NINE
Appointment of Personal Representative, Executor or Executrix
I hereby appoint _____________________________[41] , 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 _____________________________[42] to serve as successor Personal Representative
of my estate and Will.
The term “Personal Representative”, as used in this Will, shall be deemed to mean and
include “Personal Representative”, “Executor” or “Executrix”.
ARTICLE TEN
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 ELEVEN
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. I grant unto my Personal Representative,
all powers that are allowed to be exercised by Personal Representatives by the laws of the
State of Missouri and to the extent not prohibited by the laws of Missouri, the following
additional powers:
1. To exercise all of the powers, rights and discretions granted by virtue of any
"Uniform Trustees' Powers Law," and/or “Probate Code” adopted by the State of Missouri.
2. To compromise claims and to abandon property which, in my Executor’s opinion
is of little or no value.
3. To purchase or otherwise acquire and to retain any and all stocks, bonds, notes
or other securities, or shares or interests in investment trusts and common trust funds, or in any
other property, real, personal or mixed, as my Personal Representative may deem advisable,
whether or not such investments or property be of the character permissible by fiduciaries,
without being liable to any person for such retention or investment.
4. To settle, adjust, dissolve, windup or continue any partnership or other entity in
which I may own a partnership or equity interest at the time of my death, subject, however, to
the terms of any partnership or other agreement to which I am a party at the time of my death. I
Signed by Testator/Testatrix: _____________________________
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authorize my Personal Representative to continue in any partnership or other entity for such
periods and upon such terms as they shall determine. My Personal Representative shall not be
disqualified by reason of being a partner, equity owner or title holder in such firm from
participating on behalf of my estate in any dealings herein authorized to be carried on between
my Personal Representative and the partners or equity owners of any such partnership or other
entity.
5. To lease, sell, or offer on a lease purchase, any real or personal property for such
time and upon such terms and conditions in such manner as may be deemed advisable by my
Personal Representative, all without court approval.
6. To sell, exchange, assign, transfer and convey any security or property, real or
personal, held in my estate, or in any trust, at public or private sale, at such time and price and
upon such terms and conditions (including credit) as my Personal Representative may deem
advisable and for the best interest of my estate, or any trust. I hereby waive any requirement of
issuing summons, giving notice of any hearing, conducting or holding any such hearing, filing
bond or other security, or in any way obtaining court authority or approval for any such sale,
exchange, assignment, transfer or conveyance of any real or personal property.
7. To pay all necessary expenses of administering the estate and any trust
including taxes, trustees' fees, fees for the services of accountants, agents and attorneys, and
to reimburse said parties for expenses incurred on behalf of the estate or any trust hereunder.
8. Unless otherwise specifically provided, to make distributions (including the
satisfaction of any pecuniary bequest) in cash or in specific property, real or personal, or in an
undivided interest therein, or partly in cash and partly in other property, and to do so with or
without regard to the income tax basis of specific property allocated to any beneficiary and
without making pro rata distributions of specific assets.
9. To determine what is principal and what is income with respect to all receipts and
disbursements; to establish and maintain reserves for depreciation, depletion, obsolescence,
taxes, insurance premiums, and any other purpose deemed necessary and proper by them and
to partite and to distribute property of the estate or trust in kind or in undivided interests, and to
determine the value of such property.
10. To participate in any plan of reorganization, consolidation, dissolution,
redemption, or similar proceedings involving assets comprising my estate or any trust created
hereunder, and to deposit or withdraw securities under any such proceedings.
11. To perform such acts, to participate in such proceedings and to exercise such
other rights and privileges in respect to any property, as if she or he were the absolute owner
thereof, and in connection therewith to enter into and execute any and all agreements binding
my estate and any trust created hereunder.
12. To compromise, settle or adjust any claim or demand by or against my estate, or
any trust, to litigate any such claims, including, without limitation, any claims relating to estate or
income taxes, or agree to rescind or modify any contract or agreement.
13. To borrow money from such source or sources and upon such terms and
conditions as my Personal Representative shall determine, and to give such security therefore
as my Personal Representative may determine.
Signed by Testator/Testatrix: _____________________________
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All authorities and powers hereinabove granted unto my Personal Representative shall
be exercised from time to time in her or his sole and absolute discretion and without prior
authority or approval of any Court, and I intend that such powers be construed in the broadest
possible extent.
ARTICLE TWELVE
Construction Intentions and Misc. Provisions
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, as to each of them; 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
and it is my intent that any Court so interpreting same construct this Will and any provision in
favor of survival.
I direct that this Will and the construction thereof shall be governed by the Laws of the
State of Missouri.
(I have placed my initials next to the provisions below that I desire to adopt. Unmarked
provisions are not adopted by me and are not a part of this Will)
________ 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.
________ 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.
_________ I desire to be buried in the _____________________________[43] cemetery in
__________________[44] County, __________________[45] .
_________ I direct that my remains be cremated and that the ashes be disposed of
according to the wishes of my Executor.
Signed by Testator/Testatrix: _____________________________
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I, ___________________________________[46] , 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.
________________________________
_____________________________[47]
Testator/Testatrix
The above and foregoing Will of _____________________________[48] was declared
by _____________________________[49] in our view and presence to be his/her Will and was
signed and subscribed by the said _____________________________[50] in our view and
presence and at his/her request and in the view and presence of
_____________________________[51] and in the view and presence of each other, we, the
undersigned, witnessed and attested the due execution of the Will of
_____________________________[52] on this the _____ day of __________________, 20__.
Witness Signature Witness Signature
Print Name: Print Name:
Address: Address:
City, State, Zip: City, State, Zip:
Phone: Phone:
Signed by Testator/Testatrix: _____________________________
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Missouri Self Proving Affidavit
THE STATE OF MISSOURI
COUNTY OF _______________
I, the undersigned, an officer authorized to administer oaths, certify that
__________________________________\ , the Testator/Testatrix of the Will, and the
witnesses, whose names are signed to the attached or foregoing instrument, having appeared
together before me and having been first duly sworn, each then declared to me that the
Testator/Testatrix of the Will signed and executed the instrument as her or his last Will, and that
she or he had willingly signed, and that she or he executed it as her or his free and voluntary act
for the purposes therein expressed; and that each of the witnesses, in the presence and hearing
of the Testator/Testatrix of the Will, signed the Will as witness and that to the best of her or his
knowledge the Testator/Testatrix of the Will was at that time eighteen 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 ________ .
____________________________
(Seal) NOTARY PUBLIC
My Commission Expires:
____________________________
Missouri Self Proving Affidavit: Missouri Revised Statutes § 474.337
