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.

 

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 _________________________, _________________________, ___.

C. Residuary Estate.

 

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

 

I. 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 vise-versa, 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.

 

II. 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.

 

III. 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.

 

IV. No Spouse. I am not currently married to anyone.

 

V. No Children. I do not have any children at the time of the signing of this Will.

 

VI. 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: ___________________________________

___________________________________

___________________________________

___________________________________

 

 

 

Witness Signature: ________________________________________

 

Witness Name: _________________________

 

Witness Address: ___________________________________

___________________________________

___________________________________

___________________________________

 

 

Witness Signature: ________________________________________

 

Witness Name: _________________________

 

Witness Address: ___________________________________

___________________________________

___________________________________

___________________________________

 

 

AFFIDAVIT

 

STATE OF __________________________

COUNTY OF _________________________

 

Before me, the undersigned, on this day personally appeared _________________________, _________________________, _________________________, known to me to be the Testator and the witnesses, respectively, whose names are signed to the foregoing instrument. All of these persons were first duly sworn by me. _________________________, the Testator, declared to me and to the witnesses, in my presence, that the foregoing instrument is the Testator's Will and that the Testator willingly signed and executed such instrument (or expressly directed another person to sign the instrument for the Testator in the Testator's presence) in the presence of the witnesses, as the Testator's free and voluntary act for the purposes expressed in the instrument. Each of the witnesses declared in the presence and hearing of the Testator that the foregoing instrument was executed and acknowledged by the Testator as the Testator's Will in their presence and that they, in the Testator's presence, hearing and sight and at the Testator's request, and in the presence of each other, did subscribe their names to the instrument as attesting witnesses on the date of the instrument. The Testator, at the time of the execution of such instrument, was of full age, of sound mind, and the witnesses were of adult age and otherwise competent to be witnesses.

 

 

______________________________________________________________

_________________________, Testator

 

 

______________________________________________________________

_________________________, Witness

 

 

______________________________________________________________

_________________________, Witness

 

Subscribed, sworn to and acknowledged before me by _________________________, the Testator; and subscribed and sworn before me by _________________________, _________________________, witnesses, this ____ day of ____________________, 19____.

 

 

 

___________________________________________

Notary Public, or other officer authorized to take and

certify acknowledgements and administer oaths