- 1 -
OREGON WILL INSTRUCTIONSDivorced & Remarried –
Mine, Yours and Ours U.S. Legal Forms, Inc.
http://www.uslegalforms.com
1. These Wills are 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.
If you ordered and received this Will in hard copy, you may also use these instructions
to complete the will, leaving the reference numbers, and placing the names, etc you
desire next to the field numbers.
2. The Will contains Articles which cover various matters. The information below
is designed to assist you in completing the fields contained in the articles of the Will.
3. Article / Field Completion InstructionsField [1] - Your name.
Field [2] - Your name. Field [3] - Your County of Residence.
ARTICLE ONE
Field [4] - Type the name your spouse.
Fields[5]-[12] - Type the names of your children.
Fields[13]-[20]- Type the names of children from spouse’s previous marriage(s).
Fields[21]-[28]- Type the names of children from your previous marriage(s).
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 [29] - Type name, Physical address & Relationship.
Field [30] - Property Description.
Field [31] - Type name, Physical address & Relationship.
Field [32] - Property Description.
Field [33] - Type name, Physical address & Relationship.
Field [34] - Property Description.
Field [35] - Type name, Physical address & Relationship.
- 2 -
Field [36] - Property Description.ARTICLE FOUR
This article is for you to leave your homestead, if you have one on the date of
death to persons designated.
Field [37] - Type the name of your spouse.
Field [38] - Sign your name if selected. OR
Fields [39]-[46] - Type name(s) of designated person(s).
Field [47] - Sign your name if selected.
OR
Fields [48]-[55] - Type name(s) of designated person(s)
Field [56] - Sign your name if selected.
ARTICLE FIVE
This article is for you to leave all the rest and remainder of your property except
your homestead and any special items you listed in Article Three.
Fields [57]-[64] - Type names of beneficiaries.
Field [65] - Sign your name if selected. OR
Field [66] - Type the name of your spouse.
Field [67] - Sign your name if selected.
ARTICLE SIX
This article is to provide an alternate distribution of the rest and remainder of your
property should your spouse predecease you and the provisions for distribution
contained in Article Five cannot be carried out.
Field [68] - Sign your name if selected.
Fields [69]-[76] Type names of beneficiaries.
Field [77] - Sign your name if selected. ARTICLE SEVEN
This article provides for the establishment of a trust for the benefit of minor
beneficiaries.
- 3 -
Field [78] - Enter the age below which you desire that minor beneficiaries property be placed in trust.
Fields [79]-[82] Enter age at which property may be released from
trust.
ARTICLE NINE
This article provides for the appointment of a Trustee and Successor Trustee.
Field [83] - Type the name of the Trustee.
Field [84] - Type the name of the Successor Trustee. ARTICLE TEN
This article provides for the appointment of a guardian of minor children.
Field [85] - Enter the age below which you desire a guardian be appointed for your children.
Field [86] - Type the name of the guardian.
ARTICLE ELEVEN
This article is for you to name your Personal Representative. This must be an
adult and can be your spouse.
Field [87] - Type name of Personal Representative.
Field [88] - Type name of Successor Personal Representative.
ARTICLE FOURTEEN
This article provides instructions relating to the interpretation of your Will. Field [89] - Type the name of your spouse. This clause is a common disaster clause and provides whose Will will
control if you both die in a common disaster.
ARTICLE FIFTEEN
All parts of Article 15 are optional. Complete as desired. Be sure to write your
initials for any of these items you desire to apply.
Field [90] - Type name of Cemetery.
Field [91] - Type County.
Field [92] - Type State.
Field [93] - Type your name.
Fields[94]-[95] Type names of witnesses.
- 4 -
ENDING AND SIGNATURE
Field [96] - Type address where Will was witnessed.
Field [97] - Sign your name.
Field [98] - Type your name.
Field [99] - Type your name.
Field [100] - Type your name.
Field [101] - Type your name.
Field [102] - Type 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.
- 5 -
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 not
property is to be left under this Article.
Article Eleven: This Article is for you to name a personal representative,
also called executor or executrix. The person named should be an adult and may be
your spouse or relative.
Article Twelve: 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 Thirteen: 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 Fourteen: This article sets forth some legal construction intentions to
clarify some of the issues which may arise. It also contains a common disaster clause,
which provides that if you, and your spouse die in a common disaster, your Will is to
have precedence. In cases where you and your wife are making Wills, you would only
include this paragraph in one Will, or state in both which Will is to control.
- 6 -
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 asset or investment
exactly how it is titled.
- 7 -
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 effect and completeness. Please use at your own
risk. If you have a serious legal problem we suggest that you c onsult an
attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products
offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an
attorney.
Signed by Testator/Testatrix:_____________________- 1 -
LAST WILL AND TESTAMENT OF
___________________________________[1]
BE IT KNOWN THIS DAY THAT,
I, _____________________________[2], of __________________[3] County, Oregon,
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 married to _____________________________[4] and have the following children
from our marriage:
Name: __________________[5] Date of Birth: __________________[6]
Name: __________________[7] Date of Birth: __________________[8]
Name: __________________[9] Date of Birth: __________________[10]
Name: __________________[11] Date of Birth: __________________[12]
My spouse was previously married and has the following children from a prior marriage:
Name: __________________[13] Date of Birth: __________________[14]
Name: __________________[15] Date of Birth: __________________[16]
Name: __________________[17] Date of Birth: __________________[18]
Name: __________________[19] Date of Birth: __________________[20]
I was previously married and have the following children from that marriage:
Name: __________________[21] Date of Birth: __________________[22]
Name: __________________[5] Date of Birth: __________________[24]
Name: __________________[25] Date of Birth: __________________[26]
Name: __________________[27] Date of Birth: __________________[28]
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.
Signed by Testator/Testatrix:_____________________- 2 -
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 Property Description
[29] [30]
[31] [32]
[33] [34]
[35] [36]
[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
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
spouse,___________________________________________________[37] if he
or she survives me. If he or she does not survive me, then my homestead or
primary residence shall pass under the residuary clause of this Will. Sign if
Selected: ___________________________________________________[38]
OR
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:
___________________________________________________[39],
___________________________________________________[40],
___________________________________________________[41],
___________________________________________________[42],
___________________________________________________[43],
___________________________________________________[44],
___________________________________________________[45],
and___________________________________________________[46], equally,
per stirpes, subject to a life estate in my spouse so long as my spouse occupied
said property as his or her primary residence for at least 8 months of every year.
Signed by Testator/Testatrix:_____________________- 3 -
Sign if Selected:
___________________________________________________[47]
OR
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:
___________________________________________________[48],
___________________________________________________[49],
___________________________________________________[50],
___________________________________________________[51],
___________________________________________________[52],
___________________________________________________[53],
___________________________________________________[54], and
___________________________________________________[55]. Sign if
Selected: ___________________________________________________[56].
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
___________________________________________________[57] ,
___________________________________________________[58] ,
___________________________________________________[59] ,
___________________________________________________[60] ,
___________________________________________________[61] ,
___________________________________________________[62] ,
___________________________________________________[63] , and
___________________________________________________[64] , equally, per
stirpes.[Name children to receive residuary estate. Per stirpes means the descendents of
the persons you name will receive the property left to that person if they predecease you]
Sign if Selected:
___________________________________________________[65]
OR
My spouse named
___________________________________________________[66]. Sign if
Selected: ___________________________________________________[67].
ARTICLE SIX
Contingent - All Remaining Property – Residuary Clause
Signed by Testator/Testatrix:_____________________- 4 -
Not applicable because I selected option 1 in Article Five above.
Sign if Selected:
___________________________________________________[68]
OR
In the event that my spouse 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:
___________________________________________________[69],
___________________________________________________[70],
___________________________________________________[71],__________
_________________________________________[72],
___________________________________________________[73],
___________________________________________________[74],
___________________________________________________[75], and
___________________________________________________[76] equally, per
stirpes. Sign if Selected:
___________________________________________________[77].
ARTICLE SEVEN
Property To Vest In Trustee for Child Beneficiary
In the event that my spouse predeceases me as provided in Article Six, and any of my
beneficiaries are under the age of
___________________________________________________[78]years of age, 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:_____________________- 5 -
C.
As each Beneficiary herein reaches the age of
___________________________________________________[79] 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
___________________________________________________[80] 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
___________________________________________________[81] 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. F.
In the event that on the date of my death, my spouse shall have predeceased me and
my youngest Beneficiary is over
___________________________________________________[82] years of age, then
this Trust shall be inoperative and my entire estate shall be distributed to said
Beneficiaries as provided in Article Six.
ARTICLE EIGHT
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
Signed by Testator/Testatrix:_____________________- 6 -
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 NINE
Appointment of Trustee
I appoint ___________________________________________________[83], or if the
appointee fails to qualify or cease to act, I appoint
___________________________________________________[84], 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 Oregon 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 administration of this private Trust.
ARTICLE TEN
Appointment of Guardian
In the event that a guardian is necessary for any of my children that may be under
the age of ___________________________________________________[85]years,
then on the date of my death, I
appoint___________________________________________________[86], as
Guardian of said children.
ARTICLE ELEVEN
Appointment of Personal Representative, Executor or Executrix
I hereby appoint___________________________________________________[87], 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
___________________________________________________[88] 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 TWELVE
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.
Signed by Testator/Testatrix:_____________________- 7 -
ARTICLE THIRTEEN
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 Oregon and to the extent not prohibited by the laws of
Oregon, 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
Oregon.
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 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 titleholder 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, sale, 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
Signed by Testator/Testatrix:_____________________- 8 -
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.
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 FOURTEEN
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, 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.
Signed by Testator/Testatrix:_____________________- 9 -
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.
5. In the event that my spouse,
___________________________________________________[89], 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 and the terms of my Will shall take precedence over any Will or
Codicil that he/she may have made, notwithstanding any provisions of the law to the
contrary.
ARTICLE FIFTEENMisc. Provisions
I direct that this Will and the construction thereof shall be governed by the Laws of the
State of Oregon.
(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 ___________________________________________________[90]
cemetery in
___________________________________________________[91]County,
___________________________________________________[92].
_______ I direct that my remains be cremated and that the ashes be disposed of according to the wishes of my Executor.
I, ___________________________________________________[93], having
signed this Will in the presence of
___________________________________________________[94] and
___________________________________________________[95] who attested it at
my request on this the
___________________________________________________[97] day of
Signed by Testator/Testatrix:_____________________- 10 -
___________________________________________________[97],
20___________________________________________________[97], at
___________________________________________________[96] (address), declare
this to be my Last Will and Testament.
_____________________________
______________________[97]
Testator/Testatrix
The above and foregoing Will of
___________________________________________________[98] (name of
testator/testatrix) was declared by
___________________________________________________[99] (name of
testator/testatrix) in our view and presence to be his/her Will and was signed and
subscribed by the said
___________________________________________________[100] (name of
testator/testatrix) in our view and presence and at his/her request and in the view and
presence of ___________________________________________________[101] (name
of testator/testatrix) and in the view and presence of each other, we, the undersigned,
witnessed and attested the due execution of the Will of
___________________________________________________[102] (name of
testator/testatrix)on this the
___________________________________________________[97] day of
___________________________________________________[97],
20___________________________________________________[97].
_____________________________________ __________________________________________
Witness Signature Witness Signature
Print Name: ___________________________________________________[97] Print Name:
___________________________________________________[97]
Address: ___________________________________________________[97] Address:
___________________________________________________[97]
___________________________________________________[97]
___________________________________________________[97]
Telephone No. ___________________________________________________[97] Telephone
No. ___________________________________________________[97]
Oregon Self Proving Affidavit Form
STATE OF OREGON
COUNTY OF ______________________________
PERSONALLY appeared before me, the undersigned authority in and for the county and state
aforesaid ___________________________________ and
___________________________________, who, being by me first duly sworn, makes oath to
the following:1. The undersigned were subscribing witnesses to that certain instrument of writing
dated _____________, 20____ , which is the true and original Last Will and Testament of
___________________________________, the “Maker”.
2. That the Maker signed, published and declared said instrument as his or her Last
Will and Testament on the _____ day of __________, 20 _____, the date of said instrument, in
the presence of us as two (2) subscribing witnesses.
3. The Maker was then and there of sound and disposing mind, memory and
understanding and was over eighteen (18) years of age.
4. The undersigned as competent adults, subscribed and attested said instrument
as a witness to the signature, publication and declaration thereof by the Maker, at the special
instance and request of the Maker, in his or her presence and in the presence of each of us as
witnesses.
____________________________________
Witness
___________________________________ Print Name ____________________________________
Witness
___________________________________
Print Name
SWORN TO AND SUBSCRIBED before me, this the _____ day of __________,
20 _____ .
____________________________________
NOTARY PUBLIC
MY COMMISSION EXPIRES:
______________________________