The free last will and testament form is a printable sample document,
or it can be downloaded and edited from time to time to suit your requirements.
It is important to note that jointly-owned property, policies with a named beneficiary etc. do not form part of the estate and will therefore not be subject to probate.
The free legal will supplied on this page may be suitable for married people without children.
If you are single or need to make provision for children in your will, then one of the following printable free will forms - available as PDF and Word Documents - may be more suitable for you:
The selection of free last will sample documents referenced above have a variety of clauses or provisions which you can peruse should you want to incorporate them into your personal document.
Our page on Writing Your Own Will offers additional legal guidelines to assist you with compiling your document.
You will also find guidelines on witnessing your will, choosing your executor, notarizing your will and the basic requirements to have your will, and equally important any Codicil to Will, legally executed.
(Full Legal Names)
(Identification / Social Security Number/s)
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.
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.
4.1. I bequeath unto the persons named below, if he or she survives me by 30 (thirty) days, the following:
4.2. I bequeath unto the organizations or institutions named below the following:
4.3. If at the time of my death any of the property described in 4.1. and 4.2. above is no longer in my possession or part of my estate, then the bequest of such property shall be deemed null and void and shall no longer form part of this will and testament.
4.4. If any of the persons named in 4.1. above do not survive me by 30 (thirty) days, the property bequeathed to such a person shall become part of the remainder of my estate.
4.5. If any of the organizations or institutions named in 4.2. above no longer exist, the property bequeathed to such an organization or institution shall become part of the remainder of my estate.
4.6. If any property described above is encumbered by debt for which the beneficiary of such a bequest does not want to assume liability, such property shall revert to the remainder of my estate.
5. Remaining Property and Residual Estate
I bequeath the remainder of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature to my spouse ________________________.
6. Alternate Beneficiaries
6.1. Should my spouse not survive me by thirty (30) days then I bequeath the remainder of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature in equal shares to:
6.2. If any of the beneficiaries named in 6.1. 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.
6.3. Should any of the beneficiaries named in 6.1. not survive me by 30 (thirty) days I direct that the non-surviving person's share goes to his / her natural, adopted or step children in equal shares.
7. Special Requests
I direct that on my death my remains shall be cremated and all cremation expenses shall be paid out of my estate.
I direct that on my death my remains shall be buried at _______________________ and all funeral expenses shall be paid out of my estate.
8.1. Words signifying one gender shall include the others and words signifying the singular shall include the plural and vice versa where appropriate.
8.2. 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.
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 ________________________________.
* * *
You can compile and store your will on your computer where you can amend it from time to time and then have the new printed copy (or multiple copies if you wish) duly executed and witnessed.
Or should you want to make minor changes to you will, such as adding or removing a beneficiary, adding or changing a bequest etc., you can do this by executing a Codicil to Will using our free templates.
Making a will should not be a once-off then forget about it task. It is a good idea to review your estate assets with your spouse from time to time which will make your spouse's duty as executor a lot easier.
Quite often one spouse will be dealing with the accounting and filing of documents relating to the estate and having the passwords to handle those duties online. Plan ahead to have that accessible to the other spouse should the need arise.
Married people quite often appoint one another as the executor of their last will and testament and that can save the estate quite a bit of money.
However, the will grants the executor in clause 3.2 with the "power of assumption" and further specifies in clause 3.7 that the executor has the choice to appoint a legal and/or financial professional to assist with the task. Such appointed co-executors wil be termed executors assumed.
* Under "Bequests" in paragraph 4 of the sample testament above, we make provision for bequests to individuals as well as to charitable organizations or institutions. Should you wish to delete that section, your spouse will inherit the whole of your estate and paragraphs 4 and 5 can be combined into the following:
I bequeath the whole of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature to my spouse ________________________.
The subsequent paragraphs must then be renumbered to be chronologically correct.
* You may want to direct that property bequeathed to an institution may not be sold (e.g. books or artwork) and should that not be acceptable to the receiving party, such bequeathed property shall revert to the remainder of the estate.
* If you want some charitable organizations to benefit from your estate, go and have a look at their websites. For your convenience, many of them supply the wording for bequests.
* You also need to note the wording in clause 4.6 which means that any debt or lien or mortgage on a bequest will not be paid off from the estate proceeds, but that the recipient will assume the debt if he/she accepts the inheritance e.g. a car or real estate.
If that is not your intent, then you need to clearly state that the executor must settle the debt from available funds in the residuary estate so that the gift is unencumbered.
If you have an email address and an online presence on Facebook, Instagram, LinkedIn etc., you could (should!) leave instructions on how you want those accounts finalised when you pass away.
Doing it as part of your Last Will and Testatement is not ideal, since that document will become publicly available upon your passing.
Visit our Digital Assets page for practical guidelines and a free template to draft your social media will.
Our free last will and testament form is provided for informational purposes only. Since legal requirements may vary substantially in jurisdictions, suitable legal counsel must be sought when compiling legal documents.