Massachusetts Will Instructions

Massachusetts Last Will and Testament

LAST WILL AND TESTAMENT OF

BE IT KNOWN THIS DAY THAT,

I, , of County, Massachusetts, 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

Civil Union and Children

I am in a civil union with and have no children.

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.

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:

Bequest 1

Name:   Relationship:

Address:

City, State, Zip:

Property:

Bequest 2

Name:   Relationship:

Address:

City, State, Zip:

Property:

Bequest 3

Name:   Relationship:

Address:

City, State, Zip:

Property:

[LIST OR STATE NO PROPERTY LEFT UNDER THIS ARTICLE]

ARTICLE FOUR

Homestead or Primary Residence

I will, devise and bequeath all my interest in my homestead or primary residence, if I own a homestead or primary residence on the date of my death that passes through this Will, to my partner, if he or she survives me.

ARTICLE FIVE

All Remaining Property – Residuary Clause

I will, devise, bequeath and give all the rest and remainder 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, to my partner,

ARTICLE SIX

Contingent - All Remaining Property – Residuary Clause

In the event that my partner shall predecease me, I will, devise, bequeath and give all the rest and remainder 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, to:

Equally    Per stirpes    Survivor

ARTICLE SEVEN

Appointment of Personal Representative, Executor or Executrix

I hereby appoint 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 to serve as successor Personal Representative of my estate and Will.

ARTICLE EIGHT

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 NINE

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 Massachusetts and to the extent not prohibited by the laws of Massachusetts, 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 Massachusetts.

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.

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.

5. To lease, sell, or offer on a lease purchase, any real or personal property for such time and upon such terms and conditions as may be deemed advisable, 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 as my Personal Representative may deem advisable.

7. To pay all necessary expenses of administering the estate and any trust including taxes, trustees' fees, fees for accountants, agents and attorneys.

8. To make distributions in cash or in specific property, real or personal, or in an undivided interest therein, or partly in cash and partly in other property.

9. To determine what is principal and what is income and to establish reserves as needed.

10. To participate in any reorganization, consolidation, dissolution, redemption, or similar proceedings involving assets comprising my estate or any trust created hereunder.

11. To perform such acts and exercise such rights in respect to any property as if they were the absolute owner thereof.

12. To compromise, settle or adjust any claim or demand by or against my estate, or any trust.

13. To borrow money upon such terms and conditions as my Personal Representative shall determine.

ARTICLE TEN

Construction Intentions

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.

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, the remaining parts shall remain effective.

5. In the event that my partner, and I die under circumstances where it is difficult to determine who died first, I direct that I be deemed to have survived her/him.

ARTICLE ELEVEN

Misc. Provisions

I direct that this Will and the construction thereof shall be governed by the Laws of the State of Massachusetts.

If any person named herein is indebted to me at the time of my death, such indebtedness shall diminish that person’s portion of my estate.

Any and all debts of my estate shall first be paid from my residuary estate.

I desire to be buried in the cemetery in County,

I direct that my remains be cremated and that the ashes be disposed of according to the wishes of my Executor.

Witnesses

Massachusetts Self Proving Affidavit

We, , and , the testator/testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator/testatrix signed and executed the instrument as the testator’s/testatrix’s Will and that he/she had signed willingly and that he/she executed it as his/her free and voluntary act for the purposes therein expressed.

STATE OF Massachusetts

COUNTY OF

Subscribed, sworn to and acknowledged before me by the testator/testatrix and subscribed and sworn to before me by and , witnesses this day of , 20 A.D.

________________________________

NOTARY PUBLIC

My Commission Expires: