Legal Succession Declaration

LEGAL SUCCESSION DECLARATION

This Legal Succession Declaration (the Declaration) is made as of the Effective Date set forth below by and between Declarant Name: of Declarant Address: (hereinafter "Declarant"), and Successor Name: of Successor Address: (hereinafter "Successor"). The Declarant and the Successor are sometimes collectively referred to in this Declaration as the Parties.

RECITALS

WHEREAS, Decedent Name: died on Date of Death: leaving property and rights described herein; and

WHEREAS, the Declarant asserts that the Succession of certain property, interests and rights of the Decedent vests in the Successor by operation of law, by testamentary disposition, or by agreement among heirs, as further set forth in this Declaration; and

WHEREAS, the Parties desire to document the legal succession, transfer and the evidentiary matters necessary to establish the Successor's title and possession without unnecessary delay or dispute.

NOW, THEREFORE, in consideration of the mutual covenants and representations contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS

For purposes of this Declaration, the following terms shall have the meanings set forth below:

(a) "Decedent" means the individual identified as Decedent Name in the Recitals above.
(b) "Property" means all real and personal property, rights, interests, choses in action and other assets described in Section 2 and any attachments listed in Annex A.
(c) "Effective Date" means the date on which this Declaration is executed by the Parties or such later date as the Parties may expressly state in writing.

2. DECLARATION OF SUCCESSION

Declarant hereby declares and affirms that, by reason of the death of the Decedent identified above, the Successor succeeds to the Property described below and in Annex A, and that title, ownership and the right to possession shall transfer to the Successor as of the Effective Date, subject only to the terms of this Declaration and applicable law.

3. TRANSFER OF TITLE AND POSSESSION

Declarant assigns, conveys and transfers to Successor all right, title and interest in and to the Property to the extent permitted by law. Declarant agrees to execute and deliver any additional instruments, consents or affidavits reasonably necessary to record, evidence or perfect the Successor's title and possession, and to cooperate in any lawful proceedings required to affect the succession.

4. REPRESENTATIONS AND WARRANTIES

Declarant represents and warrants to Successor that, as of the Effective Date: (a) Declarant has full authority to make this Declaration and to effect the transfers described herein; (b) to Declarant's knowledge, the Decedent's death occurred on the date stated and no other person or entity has a superior right to the Property except as disclosed in Annex A; (c) there are no undisclosed liens, encumbrances or adverse claims that would prevent transfer, except those set forth in the Property Description; and (d) any material facts known to Declarant that would materially affect title or possession of the Property have been disclosed in writing and are attached hereto.

5. INDEMNIFICATION

Declarant shall indemnify, defend and hold harmless Successor from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) arising out of any breach of the representations and warranties in Section 4 or any misrepresentation of material facts relating to the Property or Decedent's estate.

6. PROBATE / ADMINISTRATIVE STATUS

Indicate whether probate or formal administration has been commenced with respect to the Decedent's estate: Probate/Administration has been commenced No probate; succession asserted by affidavit or agreement

7. NOTICES

All notices, requests, demands and other communications under this Declaration shall be in writing and shall be deemed duly given when delivered personally, sent by certified mail, return receipt requested, or delivered by nationally recognized overnight courier, addressed as follows:

8. GOVERNING LAW

This Declaration shall be governed by and construed in accordance with the substantive laws of the jurisdiction in which the Decedent was domiciled at the time of death, without regard to that jurisdiction's conflict of law rules.

9. ENTIRE AGREEMENT; SEVERABILITY

This Declaration, together with Annex A and any documents expressly incorporated by reference, constitutes the entire agreement between the Parties concerning the subject matter hereof. If any provision of this Declaration is held invalid or unenforceable, the remainder of this Declaration shall continue in full force and effect.

10. AMENDMENTS; WAIVER; COUNTERPARTS

This Declaration may be amended or modified only by a written instrument signed by both Parties. No waiver by either Party of any breach of this Declaration shall operate as a waiver of any other or subsequent breach. This Declaration may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

11. MISCELLANEOUS PROVISIONS

The Parties acknowledge that this Declaration may be recorded or filed of record as may be necessary to effectuate the succession and that any taxes, recording fees and administrative costs shall be borne as agreed by the Parties or, absent agreement, as required by law.

CERTIFICATION; PENALTY FOR FALSE STATEMENT

The Declarant certifies under penalty of law that the facts set forth in this Declaration are true and correct to the best of Declarant's knowledge and belief. A wilful material misstatement, omission or falsification in this Declaration may subject the declarant to civil or criminal penalties under applicable law.

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