Last Will and Testament Template

Our free last will and testament form can assist you in compiling a document or to structure a brief for your attorney.

You also need to familiarize yourself or get legal advice regarding estate law in your jurisdiction. We've compiled some guidelines covering aspects such as probate, choosing an executor and the legal requirements for your Last Will and Testament.



envelope with specs



The free legal will form supplied on this page may be suitable for married people with adult children.

However, we have a wide variety of templates available that may be better suited for your particular circumstance.

As you peruse the templates, you'll find a variety of clauses on the last will samples provided, some of which you may want to incorporate in your document.

Important Note: Please refer to our main page: How to Write a Will for more information and links to more free will forms.





Note: Do You Need Help with Your Document?

If you need step-by-step help with your Will and want to use a template that is specifically tailored to your country or state, then visit LawDepot.

Make use of their Free 1 Week Trial option and see why so many people use their services. Click on the link to take you to LawDepot.



Copyright Notice



LAST WILL AND TESTAMENT

of

____________________________________
(Full Legal Names)

____________________________________
(Identification / Social Security Number/s)

____________________________________

____________________________________
(Address)



1. Declaration

I hereby declare that this is my last will and testament and that I hereby revoke, cancel and annul all wills and codicils previously made by me either jointly or severally. I declare that I am of legal age to make this will and of sound mind and that this last will and testament expresses my wishes without undue influence or duress.

2. Family Details

I am married to _____________________________ hereinafter referred to as my spouse.

I have the following children:

Name: ______________________ Date of Birth _________

Name: ______________________ Date of Birth _________

Name: ______________________ Date of Birth _________

3. Appointment of Executors

3.1.    I hereby nominate, constitute and appoint _________________________ as Executor or if this Executor is unable or unwilling to serve then I appoint _______________________ as alternate Executor.

3.2.    I hereby give and grant the Executor all powers and authority as are required or allowed in law, and especially that of assumption.

3.3.    I hereby direct that my Executors shall not be required to furnish security and shall serve without any bond.

3.4.    Pending the distribution of my estate my Executors shall have authority to carry on any business, venture or partnership in which I may have any interest at the time of my death.

3.5.    My Executors shall have full and absolute power in his/her discretion to insure, repair, improve or to sell all or any assets of my estate, whether by public auction or private sale and shall be entitled to let any property in my estate on such terms and conditions as will be in the best interest of my beneficiaries.

3.6.    My Executors shall have authority to borrow money for any purpose connected with the liquidation and administration of my estate and to that end may encumber any of the assets of my estate.

3.7.    My Executors shall have authority to engage the services of attorneys, accountants and other advisors as he/she may deem necessary to assist with the execution of this last will and testament and to pay reasonable compensation for their services from my estate.

4. Beneficiary

I bequeath the whole of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature to my spouse ________________________.

5. Alternate Beneficiaries

    5.1.    Should my spouse not survive me by thirty (30) days I direct that the whole of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature be divided amongst my children named in 2. above in equal shares.

5.2.    I direct that the inheritance devolving upon any of my children under my last will and testament as well as the proceeds, the reinvestment of such proceeds and the income thereon shall be free from the legal effects of any present or future marriage of any of my children, whether in or out of community of property including any accrual system and with or without the presence of any pre-marital agreement.

5.3.    If any of my children are proved to be indebted to me by means of a legal instrument, then his / her share of my estate shall be reduced by the amount of such debt.

5.4.    Should any of my children not survive me and my spouse by 30 (thirty) days I direct that the whole of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature be divided in equal shares between my remaining surviving children.

6. Special Requests

I direct that on my death my remains shall be cremated and all cremation expenses shall be paid out of my estate.

OR

I direct that on my death my remains shall be buried at _______________________ and all funeral expenses shall be paid out of my estate.

7. General

7.1.    Words signifying one gender shall include the others and words signifying the singular shall include the plural and vice versa where appropriate.

7.2.    Should any provision of this will be judged by an appropriate court of law as invalid it shall not affect any of the remaining provisions whatsoever.



Signed on this _________________ day of _________________20_____

at this location _______________________________________ in the presence of the undersigned witnesses.

SIGNED: _______________________________



WITNESSES

As witnesses we declare that we are of sound mind and of legal age to witness a will and that to the best of our knowledge ____________________, the creator of this will, is of legal age to make a will, appears to be of sound mind and signed this will willingly and free of undue influence or duress. We declare that he / she signed this will in our presence as we then signed as witnesses in his / her presence and in the presence of each other witness, all being present at the same time.
Under penalty of perjury we declare these statements to be true and correct on this

________________ day of _________________ 20 __

at this location ________________________________.

Witness 1.

Name: ________________________________________

Address: ________________________________________

Signature: ________________________________________

Witness 2.

Name:________________________________________

Address: ________________________________________

Signature: ________________________________________



* * *



Alternate / additional clauses that you can use in this
free Will and Testament template:

4. Beneficiary

I bequeath the whole of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature to my spouse and children named in 2. above in equal shares.

5.4.    Should any of my children not survive me and my spouse by 30 (thirty) days I direct that the non-surviving child's share goes to his / her natural, adopted or step children in equal shares.

5.5.    If my children cannot reach agreement within one year of this will coming into effect on how to divide the property bequeathed to them, the Executor shall liquidate all the property and divide the proceeds according to the shares as directed by me.

You may want to make bequests to other persons or organizations not listed in our sample last will and testament. Have a look at one of our other forms (for a will without children) for sample wording.

Quite often married persons will appoint one another or an adult child as executor of a will. You could also appoint more than one child and direct that decisions can be made jointly and severally or must be made jointly only. Note though, decisions made jointly are not always the most expedient way to go.




Our free last will and testament is provided for informational purposes only. Professional advice should be sought to draft a will and to assist with estate planning, especially in the case of large estates.

The index of Free Legal Forms provides an easy reference for all our pages that can assist you with a living will, power of attorney and more.

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