LAST WILL AND TESTAMENT

OF

_________________________

 

 

I, _________________________, of _________________________, _________________________, revoke my former Wills and Codicils and declare this to be my Last Will and Testament.

 

 

ARTICLE I

PAYMENT OF DEBTS AND EXPENSES

 

I direct that my just debts, funeral expenses and expenses of last illness be first paid from my estate.

 

 

ARTICLE II

DISPOSITION OF PROPERTY

 

A. Specific Bequests. I direct that the following specific bequests be made from my estate. However, such bequests shall be made only if my spouse, _________________________, and my children do not survive me.

 

1. _________________________ shall be distributed to _________________________. If this beneficiary does not survive me (or is not in existence), this bequest shall be distributed to _________________________. If this beneficiary does not survive me (or is not in existence), this bequest shall be added to my residuary estate.

 

B. Tangible Personal Property. Subject to the preceding provisions of this Will, I direct that all of my clothing, jewelry, automobiles, household furniture and furnishings, recreational equipment, all personal effects used by me about my person or home, and other items of tangible personal property be distributed to my spouse, _________________________.

 

C. Residuary Estate. I direct that my residuary estate be distributed to my spouse, _________________________.

 

 

ARTICLE III

NOMINATION OF EXECUTOR

 

I nominate _________________________, of _________________________, _________________________, as the _______________________, without bond or security.

 

 

ARTICLE IV

_______________________ POWERS

 

My _______________________, in addition to other powers and authority granted by law or necessary or appropriate for proper administration, shall have the right and power to lease, sell, mortgage, or otherwise encumber any real or personal property that may be included in my estate, without order of court and without notice to anyone.

 

 

ARTICLE V

MISCELLANEOUS PROVISIONS

 

A. Paragraph Titles and Gender. The titles given to the paragraphs of this Will are inserted for reference purposes only and are not to be considered as forming a part of this Will in interpreting its provisions. All words used in this Will in any gender shall extend to and include all genders, and any singular words shall include the plural expression, and vice versa, specifically including "child" and "children", when the context or facts so require, and any pronouns shall be taken to refer to the person or persons intended regardless of gender or number.

 

B. Thirty Day Survival Requirement. For the purposes of determining the appropriate distributions under this Will, no person or organization shall be deemed to have survived me, unless such person or entity is also surviving on the thirtieth day after the date of my death.

 

C. Common Disaster. If my spouse and I die under circumstances such that there is no clear or convincing evidence as to the order of our deaths, or if it is difficult or impractical to determine which person survived the death of the other person, it shall, for the purpose of distribution of my life insurance, property passing under any Trust or other contracts, if any, and property passing under this Will, be conclusively presumed that I predeceased the death of my spouse, and notwithstanding any other provision of this Will, my spouse (or my spouse's estate as the case may be) shall receive the distribution to which my spouse would otherwise be entitled to receive without regard to a survivorship requirement, if any.

 

D. Liability of Fiduciary. No fiduciary who is a natural person shall, in the absence of fraudulent conduct or bad faith, be liable individually to any beneficiary of my estate, and my estate shall indemnify such natural person from any and all claims or expenses in connection with or arising out of that fiduciary's good faith actions or nonactions as the fiduciary, except for such actions or nonactions which constitute fraudulent conduct or bad faith.

 

E. Spouse. I am married to _________________________ and all references in this Will to "my spouse" are references to _________________________.

 

F. Children. The name of my child is _________________________.

 

G. Beneficiary Disputes. If any bequest requires that the bequest be distributed between or among two or more beneficiaries, the specific items of property comprising the respective shares shall be determined by such beneficiaries if they can agree, and if not, by my _______________________.

 

IN WITNESS WHEREOF, I have subscribed my name below, this _____ day of _________________, 19___.

 

____________________________________________________

_________________________

 

We, the undersigned, hereby certify that the above instrument, which consists of _____________ pages, including the page(s) which contain the witness signatures, was signed in our sight and presence by _________________________ (the "Testator"), who declared this instrument to be his/her Last Will and Testament and we, at the Testator's request and in the Testator's sight and presence, and in the sight and presence of each other, do hereby subscribe our names and addresses as witnesses on the date shown above.

 

 

 

Witness Signature: ________________________________________

 

Witness Name: _________________________

 

Witness Address: ___________________________________

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Witness Signature: ________________________________________

 

Witness Name: _________________________

 

Witness Address: ___________________________________

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Witness Signature: ________________________________________

 

Witness Name: _________________________

 

Witness Address: ___________________________________

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