Last Will And Testament Free Template
When all information is gathered and you have outlined how you wish your estate to be divided your will should be created. Here is a Uniform sample will for all states that is representative of how a valid will should look. For the purposes of this will let us say that the testator’s name is John Smith. John Smith has gone to his estate planning lawyer with all the necessary information for the creation of his will, including the names of his beneficiaries, heirs, and assets. Here is a list of the specific details that will be composing this will:
BENEFICIARIES AND HEIRS
$5 million cash
$12 million in a Bank of America savings account
$3 million in a Chase savings account
Real property at 27 fast foot avenue, Claptontown, GA
Ming vase in bedroom
Now that all of the beneficiaries, heirs and assets of the testator are accounted for the will is ready to be written with the named beneficiaries being placed with specific or general bequests.
WILL AND TESTAMENT OF
[Name of Testator]
I John Smith, domiciled in Anytown, New York, being of sound mind and body and over the age of eighteen (18) years, and not being under any duress, menace, fraud, mistake, or undue influence, do hereby make, publish and declare the following to be my Last Will and Testament, revoking all previous will and codicils made by me.
I. MARRIAGE AND CHILDREN
I declare that I am married to Maggie Smith, and all references in this Will to my wife are references to Maggie Smith.
I have the following children:
Name: Sam Smith Birth Date :June 28, 2001
Name: Deborah Smith Birth Date: February 26, 1992
II. EXECUTOR: I appoint Steven Foster as Executor of my Last Will and Testament. If Steven Foster is unable or unwilling to serve, then I appoint Dough Yochim as alternate Executor.
My Executor shall be authorized to carry out all provisions of this Will and pay all of my debts, obligations and funeral expenses.
I will give the persons named below, if he or she survives me, the Property described below:
Name: Steven and Beth Foster
Address: 21 scottsdale lane, Chicago, IL
Relationship: Sister and Brother in law
Property: $5 million from my Bank of America savings account
Caveat: in the event that Beth becomes a widower or is divorced fromSteven Smith at the time of my death the entire $5 million will go to my sister beth smith in her individual capacity.
Name: John and Sarah Smith
Address: 24 Windy Bush Lane, Camden, NJ
Relationship: Brother and sister in law
Property: $3 million from my Chase savings account
Caveat: In the event that my brother John Smith is divorced or widowed from Sarah Smith the entire amount of $3 million will be divided 50% to my brother John Smith and the remaining 50% will to to the children of my brother John Smith. If my brother john smith predeceases me and is not survived by any issue then the $3 million will be go to my friend David Yochim residing, in 2011, at 56 ferret way, Bridgewater, NJ.
Name: Joe Dmochowski
Address: 56 Lawrence Ave., Malverne, NY
Property: All vehicles titled in my name at my death, including: automobiles, motorcylces, bicycles, airplanes, boats, or any other item that me be deemed as a transportation device
Name: Maggie Smith
Address: 212 Shakedown Street, Anytown, New York
Property: To my wife, Maggie Smith, I leave all of my real property, including the property at 27 fast foot avenue, Claptontown, GA. In the event that the property no longer exists then the proceeds from the sale shall be given to my wife, Maggie Smith. I also devise $7 million from my Bank of America savings account to my wife, Maggie Smith.
Caveat: In the event that Maggie Smith predeceases me or she is no longer my wife, through divorce, etc., then the bequest of $7 million dollars shall go to my friend Doug Yochim located, in 2011, at 1115 Adams St., Jersey City, NJ. The residence at 27 slow hand avenue, Claptontown, GA shall be devised to all my children who are then living at the time of my death.
All other property not specifically devised herein shall become be collected and sold with the proceeds being divided, in equal shares to: Frank Smith, Wilma Smith, Peter Crawford, Doug Yochim, Joe Dmochowski, Sam Foster, Beth foster and Deborah Foster.
IV. ADDITIONAL POWERS OF THE EXECUTOR: My Executor shall have the following additional powers with respect to my estate, to be exercised from time to time at my Executor’s discretion without further license or order of any court. My executor shall, in the event of my incapacity, my power of attorney, and have the authority to dispense with my property in the best way possible to satisfy my debts including mortgages, credit cards, medical expenses, etc.
V. OPTIONAL PROVISIONS: I have placed my initials next to the provisions below that I adopt as part of this Will. Any unmarked provision is not adopted by me and is not a part of this Will.
________ If any beneficiary to this Will is indebted to me at the time of my death, and the beneficiary evidences this debt by a valid Promissory Note payable to me, then such person’s portion of my estate shall be diminished by the amount of such debt.
________ Any and all debts of my estate shall first be paid from my residuary estate. Any debts on any real property bequeathed in this Will shall be assumed by the person to receive such real property and not paid by my Executor.
________ I direct that my remains be cremated and that the ashes be disposed of according to the wishes of my Executor.
________ I direct that my remains be cremated and that the ashes be disposed of in the following manner:
VII. PAYING OF DEBTS In the event that I have outstanding debts at the time of my death I hereby authorize the selling of my assets in the following order to satisfy those expenses: cash, $1 million from both my chase and Bank of America account in equal amounts, personal property bequethed to non-family members, the home at 27 fast foot avenue.
VI. SEVERABILITY AND SURVIVAL If any portion of my will shall be held illegal, invalid or otherwise inoperative, it is my intention at ll of the other provisions hereof shall continue to be fully effective and operative insofar as is possible and reasonable.
VII. NO-CONTEST CLAUSE Any individual who disputes this will may contest a bequest based on any factor that would make the bequest invalid by New York law. If the court finds against the contesting party then his or her share of my bequest shall be eliminated and go into the residuary of my estate.
IN WITNESS WHEREOF, I, Steven Smith, hereby set my hand to this last Will, on each page of which I have placed my initials, on this ________ day of ____________________, 20______ at _____________________________________________________________, State of [State].
_______________________________________ [Printed or typed name of Testator]
_______________________________________ [Address of Testator, Line 1]
_______________________________________ [Address of Testator, Line 2]
The foregoing instrument, consisting of ________ pages, including this page, was signed in our presence by _______________________________________ [name of Testator] and declared by _________________ [him or her] to be _________________ [his or her] last Will. We, at the request and in the presence of _________________ [him or her] and in the presence of each other, have subscribed our names below as witnesses. We declare that we are of sound mind and of the proper age to witness a will, that to the best of our knowledge the testator is of the age of majority, or is otherwise legally competent to make a will, and appears of sound mind and under no undue influence or constraint. Under penalty of perjury, we declare these statements are true and correct on this ________ day of ____________________, 20______ at _____________________________________________________________, State of [State].
_______________________________________ [Signature of Witness #1]
_______________________________________ [Printed or typed name of Witness #1]
_______________________________________ [Address of Witness #1, Line 1]
_______________________________________ [Address of Witness #1, Line 2]
_______________________________________ [Signature of Witness #2]
_______________________________________ [Printed or typed name of Witness #2]
_______________________________________ [Address of Witness #2, Line 1]
_______________________________________ [Address of Witness #2, Line 2]
_______________________________________ [Signature of Witness #3]
_______________________________________ [Printed or typed name of Witness #3]
_______________________________________ [Address of Witness #3, Line 1]
_______________________________________ [Address of Witness #3, Line 2]