Virginia last will and testament make a last will in form
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LAST WILL AND TESTAMENTOF
_____________________
I, ____________________ , of ____________________ , Virginia, make this will
and revoke all my earlier wills and codicils. My husband is _________________. I have _______ children living on the date of
this will: _____________________________________________________
.
ARTICLE I
DISTRIBUTION OF ESTATE
A. Tangible Personal Property
. I give my household furnishings, personal effects,
automobiles, and all other tangible personal property to the Trustee under THE
_______________________
REVOCABLE LIVING TRUST , to be held in trust under
the terms in effect at my death. B. Personal Residences
. I give all my interest in residences held in whole or in part
for personal use by me or my family, including all adjoining real property, to the Truste e
under THE __________________________
REVOCABLE LIVING TRUST , to be held
in trust under the terms in effect at my death.
2
C. Remaining Estate . I give the residue of my real and personal estate to the
Trustee under THE _______________________
REVOCABLE LIVING TRUST, to be
held in trust under the terms in effect at my death.
ARTICLE II
PAYMENT OF CHARGES
A. Debts and Funeral Expenses
. My Executor shall pay or arrange for the payment
of my legally enforceable debts, my charitable pledges, and the expenses of my funer al and
burial (including any headstone or marker). B. Taxes
. My Executor shall pay or arrange for the payment of all estate,
inheritance, and similar taxes payable by reason of my death as a cost of administe ring my
estate without apportionment. This includes taxes on assets not passing under this will and
interest on taxes. My Executor shall take advantage of any specific provisions for pa yment
of estate, inheritance, and similar taxes.
ARTICLE III
EXECUTOR PROVISIONS
A. Executor
. I name my husband, _____________________, to be my Executor. If
she shall fail or cease to serve, then I name ______________________
as my Executor.
The fiduciary shall receive for its services the compensation specified in its published fee
schedule in effect at the time it renders services, and its compensa tion may vary from time
to time based on that schedule. My Executor shall not be required to provide surety or other
security on a bond.
3
B. Executor's Management Powers . My Executor shall have the powers granted
by law and the powers in Virginia Code section 64.1-57, and I incorporate that section in
my will by this reference. My Executor may borrow money (including borrowings from the
fiduciary or its affiliate) for any purpose that my Executor considers to be in the be st
interest of my estate. My Executor may secure such borrowings with assets of my estate.
My Executor may make all tax elections and allocations my Executor considers
appropriate, and any elections or allocations made in good faith shall not be subject to
challenge by any beneficiary. C. Certain Investments
. I may hold assets at my death that would not meet the
standard in Virginia as suitable investments to be held by my Executor. My Executor ma y
nevertheless retain the assets for as long as my Executor considers appropriate even if the
assets represent an overconcentration or do not meet the standard of prudence. My
Executor may invest the assets of my estate in money market funds or other mutual funds
affiliated with my Executor. The compensation of my Executor or its affiliate f rom the
fund shall not reduce the compensation of my Executor under this will. I have signed and sealed my will consisting of four (4) typewritten pages (not
including the self-proving affidavit on the following page) on this ______
day of
_______________
, 20______ . _______________________________
_______________________, Testator
The Testator signed, sealed, and declared this as the Testator's will in our presenc e
on the date shown above. At the Testator's request we have both signed our names as
witnesses. All of this occurred at the same time, and we and the Testator were present
together throughout.
4
___________________________ ___________________________________________
Witness Address
Print Name: _________________
___________________________ ___________________________________________
Witness Address
Print Name: _________________
STATE OF VIRGINIA ) )ss.
CITY/COUNTY OF _________________
)
I, the undersigned, an officer authorized to administer oaths, certify that
_____________________, the Testator, and ____________________ and
_____________________ the witnesses, respectively, whose names are signed to the
attached foregoing instrument, having appeared together before me and having been first
duly sworn, each then declared to me that the Testator signed an d executed the instrument
as her Last Will and Testament, and that the Testator had willingly signed, and that she
executed it as her free and voluntary act for the purposes therein expressed; and that e ach
of the witnesses, in the presence and hearing of the Testator and at her request, and in the
presence of each other, signed the Will as witnesses, and that to the best of their
knowledge, the Testator was at that time eighteen (18) or more years of age, of sound
mind, and under no constraint or undue influence.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal this _______
day of _________________ , 20____ .
__________________________ Notary Public
My commission expires: __________________
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