Virginia Will Instructions

Virginia Last Will and Testament Form

LAST WILL AND TESTAMENT OF

I, , of County, Virginia, 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 and have the following children from said marriage:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

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:

Name Address Relationship

Property:

Name Address Relationship

Property:

Name Address Relationship

Property:

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, , 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 spouse, .

ARTICLE SIX

Contingent - All Remaining Property – Residuary Clause

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 ... to my child(ren) .

ARTICLE SEVEN

Property To Vest In Trustee for Child Beneficiary

If any of my children are under the age of years, then I direct that my Personal Representative shall transfer the share to my Trustee.

As each Beneficiary reaches the age of years, the Trustee shall distribute that beneficiary's share.

When the youngest Beneficiary reaches the age of years, the Trust shall terminate.

When said youngest living issue reaches the age of years, the Trust as to said living issue shall terminate.

In the event that my spouse shall have predeceased me and my youngest Beneficiary is over years of age, then this Trust shall be inoperative.

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.

ARTICLE NINE

Appointment of Trustee

I appoint as Trustee. Successor Trustee

ARTICLE TEN

Appointment of Guardian

In the event that my spouse, , dies without having made just provision for the care and custody of our children who may be under the age of years, I appoint as Guardian.

ARTICLE ELEVEN

Appointment of Personal Representative, Executor or Executrix

I hereby appoint as Personal Representative of my estate and this Will.

Successor Personal Representative:

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.

ARTICLE FOURTEEN

Construction Intentions

In the event that my spouse, , 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 FIFTEEN

Misc. Provisions

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

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.

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.

I, , having signed this Will in the presence of and who attested it at my request on this the day of , 20 at , declare this to be my Last Will and Testament.

Virginia Self Proving Affidavit

COMMONWEALTH OF VIRGINIA

COUNTY/CITY OF

Before me, the undersigned authority, on this day personally appeared , , and , known to me to be the testator/testatrix and the witnesses, respectively.

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.