Free Last Will and Testament Form

Last Will and Testament

State of _________________
LAST WILL AND TESTAMENT OF _______________________________

I, ________________________ [Testator], a resident of _________________ [City], _________________ [State], declare this to be my Last Will and Testament, and revoke all previous wills and codicils made by me, either jointly or severally.

DECLARATIONS

1. I am of sound mind and of legal age to make this Last Will.
2. This Last Will expresses my wishes without undue influence or duress.
3. At the time of executing this Last Will: (Check one)

☐ I am married to ________________________.

☐ I am NOT married.

1. At the time of executing this Last Will: (Check one)

☐ I have the following children: ________________________________________________.

☐ I do NOT have any children.

ARTICLE I
APPOINTMENT OF EXECUTOR

1. I appoint ________________________ [Executor] to be the executor of this Last Will (the “Executor”).

(Optional) If ________________________ [Executor] predeceases me or is otherwise unable to serve as the Executor, then I appoint ________________________ [Successor Executor] as the successor Executor.

(Optional) If neither ________________________ [Executor] nor ________________________ [Successor Executor] survives me or is able to serve as the Executor, then I appoint ________________________ [Backup successor Executor] to serve as the backup successor Executor.

I further intend that the term the Executor in this Last Will is synonymous with the terms “personal representative,” “executrix,” and “fiduciary.”

1. Compensation (Check one)

☐ The Executor shall be entitled to receive compensation in the amount of $_______________ for the services performed under this Last Will.

☐ The Executor shall be entitled to receive reasonable compensation for the services performed under this Last Will.

☐ The Executor is NOT entitled to receive any compensation for the services performed under this Last Will.

1. Bond (Check one)

☐ The Executor shall be required to furnish a bond or other security for the faithful performance of his or her duties as the Executor in any jurisdiction.

☐ I direct that any Executor serving hereunder shall NOT be required to furnish any bond or other security for the faithful performance of his or her duties as the Executor in any jurisdiction whatsoever, or if a bond is required, he or she shall not be required to furnish any sureties.

ARTICLE II
EXECUTOR’S POWERS

1. The Executor shall pay my enforceable unsecured debts, expenses of last illness, funeral expenses, costs of administration, and claims allowed in administration of my estate: (Check one)

☐ From the principal of my residuary estate according to all applicable laws.

☐ As the Executor deems appropriate, in the Executor’s sole discretion, according to all applicable laws.

☐ By the following method: ____________________________________________________________

1. I grant to the Executor the fullest power to deal with any property held by my estate without the prior or subsequent approval of any court, including the period after termination of any trust until finally distributed. No person dealing with the Executor shall be required to inquire into the propriety of any of his or her actions or make inquiry into the application of any funds or other property. The Executor shall, however, exercise all powers in a fiduciary capacity for the best interest of the beneficiaries of the estate. I grant to the Executor all specific powers as conferred by law.
2. In addition to the powers granted by law or as necessary to carry out my intentions in this Last Will, the Executor shall have the following powers: __________________________________________________ ____________________________________________________________________________________

ARTICLE III
EXPENSES

1. All expenses incurred by the Executor during the settlement of my estate in storing, packing, shipping, delivering, or insuring an article of tangible personal property passing under this Last Will shall be charged and treated as expenses of administering my estate.
2. If the value of my estate is insufficient to fulfill this Last Will, I give the Executor full authority to decrease my bequests by a proportionate amount.

ARTICLE IV
DISTRIBUTION OF PERSONAL PROPERTY

1. After payment of my debts, expenses and claims, I give my personal property and effects described below to:

To ________________________ [Name], I leave ________________________________________.

To ________________________ [Name], I leave ________________________________________.

To ________________________ [Name], I leave ________________________________________.

1. After payment of my debts, expenses and claims, I leave the sum(s) specified below to the following people:

To ________________________ [Name], I leave $_______________.

To ________________________ [Name], I leave $_______________.

To ________________________ [Name], I leave $_______________.

1. Unless otherwise specifically bequeathed, the remainder of my property, real and personal, and wheresoever situated, I give to the individuals listed in the apportioned percentages:

To ________________________ [Name], I leave __________% of my remaining estate.

To ________________________ [Name], I leave __________% of my remaining estate.

To ________________________ [Name], I leave __________% of my remaining estate.

1. To the ________________________ [Non-profit name], located at ________________________________________ [Address], I leave the sum of $_______________ in honor of ________________________ [Honoree name].

ARTICLE V
BENEFICIARIES

1. If I give my personal property and effects to two or more beneficiaries to be shared by them, and any one of them does not survive me, his or her share shall be given to the others in equal amounts, unless otherwise provided in this Last Will.
2. If one of my heirs or another individual is not left property or is otherwise omitted from this Last Will, such omission is intentional.

ARTICLE VI
GUARDIAN OF MINOR CHILDREN

(Check one)

☐ Not applicable.

☐ I will name a guardian for my minor children.

1. If my spouse does not survive me and we leave minor children surviving me, I appoint as guardian of the person and property of my minor children ________________________ [Guardian]. ________________________ [Guardian] will have custody of my minor children, and will serve without bond. If ________________________ [Guardian] does not qualify as guardian or for any reason cannot serve as guardian, I appoint as successor guardian ________________________ [Successor guardian].
2. The guardian shall hold, manage, and maintain such property for the benefit of my minor children with full power, as in such to invest and/or reinvest such property for the benefit of my minor children and to distribute so much of the income of such property periodically as may be necessary for the health, education, and or welfare of my minor children as deemed appropriate in the guardian’s sole discretion until such time as my minor children attain the age of eighteen (18) years at which time all remaining income and the principal of such property shall be turned over to my minor children in full.

ARTICLE VII
TAXES

The Executor shall pay all estate, inheritance, transfer, legacy, succession, and other similar taxes imposed by any jurisdiction whatsoever by reason of my death, together with interest and penalties, whether such taxes are imposed upon or with respect to any property that passes under the provisions of this Last Will or passes or has passed otherwise, or imposed upon or with respect to any recipient.

ARTICLE VIII
PET GUARDIAN

1. In the event that my pet(s):

Name: ________________________, Breed: ________________________

Name: ________________________, Breed: ________________________

Name: ________________________, Breed: ________________________

shall survive me at the time of my death, I direct that ________________________ [Pet guardian], accept my pet(s) and care for them. If ________________________ [Pet guardian] is unable or unwilling to accept my pet(s), I direct that my pet(s) be given to ________________________ [Backup pet guardian] and be cared for appropriately.

1. If neither are able or willing to accept and care for my pet(s), the Executor shall: (Check one)

☐ Select an appropriate person and give my pet(s) to such person for care.

☐ Place my pets in an appropriate home by this recognized animal rescue organization: ___________________________________________________________________________________.

☐ Surrender my pets to the local Humane Society to be placed in an appropriate home.

1. The Executor shall give $_______________ from my estate to the person who accepts my pet(s) for their care and safety.

ARTICLE IX
DUE DILIGENCE

The Executor shall be responsible only for due diligence in the administration and disbursement of my estate and shall not be responsible for any loss or subject to any liability except by reason of the Executor’s own negligence or willful default proved by affirmative evidence. Any discretion granted to Executor, expressly or by implication under this Last Will or by law, shall fully protect Executor for every determination made in good faith. Executor’s determinations shall be conclusive and binding upon all persons interested in this Last Will.

ARTICLE X
SIMULTANEOUS DEATH

(Check one)

☐ Not applicable.

☐ If my spouse and I die under circumstances that the order of our deaths cannot be readily scertained, I shall be deemed to have predeceased my spouse, notwithstanding any provision of law to the contrary, and that the provisions of this Last Will be construed according to such presumption.

ARTICLE XI
PREDECEASED BENEFICIARIES

(Check one)

☐ Not applicable.

☐ If any other beneficiary under this Last Will dies within __________ days after my death or prior to the distribution of my estate, he or she shall be deemed to have predeceased me, and all provisions of this Last Will shall be construed upon that assumption.

ARTICLE XII
SPECIAL DIRECTIVES

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

ARTICLE XIII
CONSTRUCTION OF LANGUAGE

Throughout this Last Will, except where the context otherwise requires, the masculine gender shall be deemed to include the feminine and the neuter, and the singular number shall be deemed to include the plural, and vice versa.

 

 

ARTICLE XIV
SEVERABILITY

The remaining provisions of this Last Will continue to be in full force and effect if any provisions of this Last Will are deemed unenforceable.

ARTICLE XV
GOVERNING LAW

The dispositions made by this Last Will shall be construed in accordance with the laws of the State of _________________.

IN WITNESS WHEREOF, I, ________________________ [Testator], have signed my initials on each of the preceding __________ pages, and have signed my name below, all this _____ day of _______________, 20_____.

Testator Signature

SIGNED AND DECLARED by ________________________ [Testator], in our joint presence to be ________________________’s [Testator] Last Will, and remaining in their presence, and in the presence of each other, and at their request, we signed as attesting witnesses, this clause having first been read aloud.

First Witness

First Witness Signature	Date
First Witness Name
First Witness Address
First Witness City, State and Zip Code

Second Witness

Second Witness Signature	Date
Second Witness Name
Second Witness Address
Second Witness City, State and Zip Code

Third Witness

Third Witness Signature	Date
Third Witness Name
Third Witness Address
Third Witness City, State and Zip Code

 

 

SELF-PROVING AFFIDAVIT

State of _________________

County of _________________

We, _______________________________________________________________ [Witnesses], and ________________________ [Testator], the witnesses and Testator, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned officer that the Testator, in the presence of witnesses, signed the instrument as their Last Will and that they signed voluntarily and that each of the witnesses in the presence of the Testator and in the presence of each other signed the Will as a witness and that to the best of the knowledge of each witness, the Testator was, at the time, eighteen (18) or more years of age, of sound mind and under no constraint or undue influence.

____________________________________
Testator Signature

____________________________________
First Witness Signature

____________________________________
Second Witness Signature

____________________________________
Third Witness Signature

 

 

NOTARY ACKNOWLEDGEMENT:

State of _________________ )

) (Seal)

County of _________________ )

SWORN TO and SUBSCRIBED before me on this _____ day of _______________, 20_____, by ________________________, the Testator and by __________________________________________ ___________________________ the Witnesses, who are personally known to me or produced a driver’s license as identification and who did take an oath.

____________________________________
Signature

____________________________________
Notary Public

My Commission Expires: ______________