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MONTANA WILL INSTRUCTIONSMutual Wills for Married Couple
with Minor and Adult Children 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 Instructions Field [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 name 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 [13] - Type name.
Field [14] - Type street address.
Field [15] - Additional Address line.
Field [16] - City, State, Zip.
Field [17] - Relationship.
Field [18] - Describe the property to go to this person.
Field [19] - Type name.
Field [20] - Type street address.
Field [21] - Additional Address line.
Field [22] - City, State, Zip.
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Field [23] - Relationship.
Field [24] - Describe the property
Field [25] - Type name.
Field [26] - Type street address.
Field [27] - Additional Address line.
Field [28] - City, State, Zip.
Field [29] - Relationship.
Field [30] - Describe the propertyARTICLE FOUR
This article is for you to leave your homestead, if you have one on the date of
death to persons designated.
Field [31] - Type name of your spouse.
Note: If your home is jointly owned with another and held as joint tenants with
rights of survivorship, the home will pass to the survivor and will not be controlled by
your will. If this is the case, name the joint tenant in field 31.
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.
Field [32] - Type the name of your spouse. 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 [33] Type the name of your child(ren).
Fields [34]-[36] Omitted ARTICLE SEVEN
This article provides for the establishment of a trust for the benefit of minor
beneficiaries.
Fields [37] Enter the age below which you desire that minor beneficiaries property be placed in trust.
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Fields [38-41] 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 [42] Type the name of the Trustee.
Field [43] Type the name of the Successor Trustee.
ARTICLE TEN
This article provides for the appointment of a guardian of minor children Field [44] Type the name of your spouse.
Field [45] Enter the age below which you desire a guardian be appointed for your children.
Field [46] 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 [47] - Type name of Personal Representative.
Field [48] - Type name of successor Personal Representative. ARTICLE FOURTEEN
This article provides instructions relating to the interpretation of your will. Field [49] - 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 11 are optional. Complete as desired. Be sure to write your
initials for any of these items you desire to apply.
Field [50] - Type name of Cemetery.
Field [51] - Type County.
Field [52] - Type State.
ENDING AND SIGNATURE
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Field [53] - Your name.
Field [54] - Your name.
Field [55] - Your name.
Field [56] - Your name.
Field [57] - Your name.
Field [58] - Your name.
Field [59] - 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 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.
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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 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 effect 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,
Inc. does not provide legal advice. The products offered by U.S. L egal Forms
(USLF) are not a substitute for the advice of an attorney.
Signed by Husband Testator: __________________________________ - 1 -
LAST WILL AND TESTAMENT OF
___________________________________[1]
BE IT KNOWN THIS DAY THAT,
I, _____________________________[2], of __________________[3] County, Montana,
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 said 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]
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
[13] [14]
[15]
[16] [17]
Property: [18]
Name Address Relationship
[19] [20]
[21]
[22] [23]
Property: [24]
Signed by Husband Testator: __________________________________ - 2 -
Name Address Relationship
[25] [26
[27]
[28] [29]
Property: [30]
(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
Wife, _____________________________[31], if she survives me. If she does not survive me,
then my homestead or primary residence shall pass under the residuary clause of this Will.
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 Wife, _____________________________[32].
ARTICLE SIX
Contingent - All Remaining Property – Residuary Clause
In the event that my Wife 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 (“Residuary Estate”), to my child(ren)
_______________________________________________________[33]. If I have more than
one child and any 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 SEVEN
Property To Vest In Trustee for Child Beneficiary
In the event that my Wife predeceases me as provided in Article Six, and any of my
children are under the age of __________________[37] years of age, then I direct that my
Personal Representative shall transfer, assign and deliver over to my Trustee, named below,
Signed by Husband Testator: __________________________________ - 3 -
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.
C.
As each Beneficiary herein reaches the age of __________________[38] 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
__________________[39] 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
__________________[40] 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.
Signed by Husband Testator: __________________________________ - 4 -
F.
In the event that on the date of my death, my Wife shall have predeceased me and my
youngest Beneficiary is over __________________[41] 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 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 _____________________________[42], or if the appointee fails to qualify or
ceases to act, I appoint _____________________________[43], 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 Montana 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 my Wife, _____________________________[44], dies without having
made just provision for the care and custody of our children who are under the age of
__________________[45] years, or in the event my spouse predeceases me, then on the date
of my death, I appoint _____________________________[46], as Guardian of said children.
ARTICLE ELEVEN
Appointment of Personal Representative, Executor or Executrix
I hereby appoint my Wife, _____________________________[47], 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 _____________________________[48] 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”.
Signed by Husband Testator: __________________________________ - 5 -
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.
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 Montana and to the extent not prohibited by the laws of Montana, 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 Montana.
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 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, 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.
Signed by Husband Testator: __________________________________ - 6 -
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.
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 Husband Testator: __________________________________ - 7 -
3. 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.
4. In the event that my Wife, _____________________________[49], and I die
under circumstances where it is difficult to determine who died first, I direct that I be deemed to
have survived her and the terms of my Will shall take precedence over any Will or Codicil that
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 Montana.
(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 _____________________________[50] cemetery in __________________[51] County, __________________[52].
_______ I direct that my remains be cremated and that the ashes be disposed of according to the wishes of my Executor.
I, ___________________________________[53], 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. ________________________________
_____________________________[54]
Testator
Signed by Husband Testator: __________________________________ - 8 -
The above and foregoing Will of _____________________________[55] was declared by
_____________________________[56] in our view and presence to be his Will and was signed
and subscribed by the said _____________________________[57] in our view and presence
and at his request and in the view and presence of _____________________________[58]
and in the view and presence of each other, we, the undersigned, witnessed and attested the
due execution of the Will of _____________________________[59] on this the _____day of
___________________, 20___.
Witness Signature Witness Signature
Print Name: Print Name:
Address: Address:
City, State, Zip: City, State, Zip:
Phone: Phone:
Montana Self Proving Affidavit: Montana Code § 72-2-524
Montana Self Proving Affidavit
I, __________________________________\, the Testator, sign my name to this
instrument this ________ day of ____________, 20________ and being first duly sworn, do
hereby declare to the undersigned authority that I sign and execute this instrument as my Will
and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein
expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or
undue influence.
____________________________________
Testator
Typed Name: __________________________________\
We, __________________________________\, and
__________________________________\, the witnesses, sign our names to this instrument,
being first duly sworn, and do hereby declare to the undersigned authority that the Testator
signs and executes this instrument as his Last Will and that he signs it willingly, that each of us,
in the presence and hearing of the Testator, hereby signs the Will as witness to the Testator’s
signing, and that to the best of our knowledge the Testator is 18 years of age or older, of sound
mind, and under no constraint or undue influence.
____________________________________
Witness ____________________________________
Witness
State of Montana
County of _______________ SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me by
__________________________________\, the Testator, and subscribed and sworn to before
me by the above-named witnesses, this ________ day of ____________, ________.
(SEAL) (Signed)___________________________________
__________________________________\
(Official capacity of officer)
Signed by Wife Testatrix: __________________________________ - 1 -
LAST WILL AND TESTAMENT OF
___________________________________[1]
BE IT KNOWN THIS DAY THAT,
I, _____________________________[2], of __________________[3] County, Montana,
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 said 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]
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
[13] [14]
[15]
[16] [17]
Property: [18]
Name Address Relationship
[19] [20]
[21]
[22] [23]
Property: [24]
Signed by Wife Testatrix: __________________________________ - 2 -
Name Address Relationship
[25] [26
[27]
[28] [29]
Property: [30]
(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
Husband, _____________________________[31], if he survives me. If he does not survive
me, then my homestead or primary residence shall pass under the residuary clause of this Will.
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 Husband, _____________________________[32].
ARTICLE SIX
Contingent - All Remaining Property – Residuary Clause
In the event that my Husband 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 (“Residuary Estate”), to my child(ren)
_______________________________________________________[33]. If I have more than
one child and any 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 SEVEN
Property To Vest In Trustee for Child Beneficiary
In the event that my Husband predeceases me as provided in Article Six, and any of my
children are under the age of __________________[37] years of age, then I direct that my
Personal Representative shall transfer, assign and deliver over to my Trustee, named below,
Signed by Wife Testatrix: __________________________________ - 3 -
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.
C.
As each Beneficiary herein reaches the age of __________________[38] 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
__________________[39] 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
__________________[40] 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.
Signed by Wife Testatrix: __________________________________ - 4 -
F.
In the event that on the date of my death, my Husband shall have predeceased me and
my youngest Beneficiary is over __________________[41] 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 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 _____________________________[42], or if the appointee fails to qualify or
ceases to act, I appoint _____________________________[43], 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 Montana 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 my Husband, _____________________________[44], dies without
having made just provision for the care and custody of our children who are under the age of
__________________[45] years, or in the event my spouse predeceases me, then on the date
of my death, I appoint _____________________________[46], as Guardian of said children.
ARTICLE ELEVEN
Appointment of Personal Representative, Executor or Executrix
I hereby appoint my Husband, _____________________________[47], 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 _____________________________[48] 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”.
Signed by Wife Testatrix: __________________________________ - 5 -
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.
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 Montana and to the extent not prohibited by the laws of Montana, 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 Montana.
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 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, 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.
Signed by Wife Testatrix: __________________________________ - 6 -
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.
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 Wife Testatrix: __________________________________ - 7 -
3. 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.
4. In the event that my Husband, _____________________________[49], and I die
under circumstances where it is difficult to determine who died first, I direct that he be deemed
to have survived me and the terms of his Will shall take precedence over any Will or Codicil that
I 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 Montana.
(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 _____________________________[50] cemetery in __________________[51] County, __________________[52].
_______ I direct that my remains be cremated and that the ashes be disposed of according to the wishes of my Executor.
I, ___________________________________[53], 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. ________________________________
_____________________________[54]
Testatrix
Signed by Wife Testatrix: __________________________________ - 8 -
The above and foregoing Will of _____________________________[55] was declared by
_____________________________[56] in our view and presence to be her Will and was signed
and subscribed by the said _____________________________[57] in our view and presence
and at her request and in the view and presence of _____________________________[58]
and in the view and presence of each other, we, the undersigned, witnessed and attested the
due execution of the Will of _____________________________[59] on this the _____day of
___________________, 20___.
Witness Signature Witness Signature
Print Name: Print Name:
Address: Address:
City, State, Zip: City, State, Zip:
Phone: Phone:
Montana Self Proving Affidavit: Montana Code § 72-2-524
Montana Self Proving Affidavit
I, __________________________________\, the Testatrix, sign my name to this
instrument this ________ day of ____________, 20________ and being first duly sworn, do
hereby declare to the undersigned authority that I sign and execute this instrument as my Will
and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein
expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or
undue influence.
____________________________________
Testatrix
Typed Name: __________________________________\
We, __________________________________\, and
__________________________________\, the witnesses, sign our names to this instrument,
being first duly sworn, and do hereby declare to the undersigned authority that the Testatrix
signs and executes this instrument as her Last Will and that she signs it willingly, that each of
us, in the presence and hearing of the Testatrix, hereby signs the Will as witness to the
Testatrix’s signing, and that to the best of our knowledge the Testatrix is 18 years of age or
older, of sound mind, and under no constraint or undue influence.
____________________________________
Witness ____________________________________
Witness
State of Montana
County of _______________ SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me by
__________________________________\, the Testatrix, and subscribed and sworn to before
me by the above-named witnesses, this ________ day of ____________, ________.
(SEAL) (Signed)___________________________________
__________________________________\
(Official capacity of officer)
