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LAST WILL AND TESTAMENT

LAST WILL AND TESTAMENT

I, [INSERT FULL LEGAL NAME], of [INSERT CITY], [INSERT STATE], [INSERT COUNTRY], being of sound mind, not acting under duress or undue influence, and fully understanding the nature and extent of all my property and of this disposition thereof, do hereby make, publish, and declare this to be my Last Will and Testament (the “Will”), revoking all previous wills and codicils made by me.

  1. APPOINTMENT OF EXECUTOR
    1. I nominate and appoint [INSERT EXECUTOR'S FULL LEGAL NAME], of [INSERT EXECUTOR'S ADDRESS], [INSERT EXECUTOR’S CITY], [INSERT EXECUTOR’S STATE], [INSERT EXECUTOR’S COUNTRY], to serve as the Executor of this will. The Executor shall have full authority to carry out the provisions of this will and administer my estate accordingly.
  2. PAYMENT OF DEBTS AND EXPENSES
    1. I direct my Executor to pay all my just debts, funeral expenses, expenses of my last illness and any estate administration expenses as soon as practicable after my death and I hereby authorize my Executor to settle and discharge, in his or her absolute discretion, any claims made against my estate.
    2. I further direct that my Executor shall pay out of my estate any and all estate and inheritance taxes payable by reason of my death in respect of all items included in the computation of such taxes, whether passing under this Will or otherwise. Said taxes shall be paid by my Executor as if such taxes were my debts without recovery of any part of such tax payments from anyone who receives any item included in such computation.
  3. DISTRIBUTION OF ESTATE
    1. I give, devise, and bequeath all of my property, real, personal, or mixed, and wherever situated, as follows:
    2. [INSERT YOUR DISTRIBUTION INSTRUCTIONS HERE. YOU CAN INCLUDE SPECIFIC BEQUESTS, BENEFICIARIES, AND ALTERNATE BENEFICIARIES IF THE PRIMARY BENEFICIARIES ARE UNABLE TO RECEIVE THEIR SHARE.]
    3. I give, devise, and bequeath all the rest, residue, and remainder of my estate to [INSERT NAME OF BENEFICIARY], OF [INSERT BENEFICIARY'S ADDRESS], [INSERT BENEFICIARY’S CITY], [INSERT BENEFICIARY’S STATE], [INSERT BENEFICIARY’S COUNTRY]. If the said [INSERT NAME OF BENEFICIARY] predeceases me or fails to survive me by thirty (30) days, then this bequest shall lapse, and the rest, residue, and remainder of my estate shall be distributed to [INSERT ALTERNATE BENEFICIARY'S NAME], OF [INSERT ALTERNATE BENEFICIARY'S ADDRESS], [INSERT ALTERNATE BENEFICIARY’S CITY], [INSERT ALTERNATE BENEFICIARY’S STATE], [INSERT ALTERNATE BENEFICIARY’S COUNTRY].
    4. If any of my property cannot be readily distributed, then it may be donated to any charitable organization or organizations of my Executor’s choice.
  4. OMISSION
    1. Except to the extent that I have included them in this Will, I have intentionally, and not as a result of any mistake or inadvertence, omitted in this Will to provide for any family members and/or issue of mine, if any, however defined by law, presently living or hereafter born or adopted.
  5. GUARDIANSHIP
    1. In the event of my death when my minor children [INSERT NAMES OF MINOR CHILDREN] are still under the age of majority, I appoint [INSERT GUARDIAN’S FULL LEGAL NAME], of [INSERT GUARDIAN’S ADDRESS], [INSERT GUARDIAN’S CITY],[INSERT GUARDIAN’S STATE], [INSERT GUARDIAN’S COUNTRY], to serve as their legal guardian. If the named guardian is unable or unwilling to serve, I appoint [INSERT ALTERNATE GUARDIAN'S FULL LEGAL NAME], OF [INSERT ALTERNATE GUARDIAN'S ADDRESS], [INSERT ALTERNATE GUARDIAN’S CITY], [INSERT ALTERNATE GUARDIAN’S STATE], [INSERT ALTERNATE GUARDIAN’S COUNTRY], as the alternate guardian.
  6. DISINHERITANCE
    1. I explicitly disinherit [INSERT NAMES OF INDIVIDUALS YOU WISH TO DISINHERIT] and declare that they shall receive nothing from my estate.
  7. GENDER
    1. Whenever the context permits, the term “Executor” shall include “Personal Representative” and “Administrator,” the use of a particular gender shall include any other gender, and references to the singular or the plural shall be interchangeable. All references to estate taxes shall include inheritance and other death taxes
  8. ASSIGNMENT
    1. The interest of any beneficiary in this Will, shall not be alienable, assignable, attachable, transferable nor paid by way of anticipation, nor in compliance with any order, assignment or covenant and shall not be applied to, or held liable for, any of their debts or obligations either in law or equity and shall not in any event pass to his, her, or their assignee under any instrument or under any insolvency or bankruptcy law, and shall not be subject to the interference or control of creditors, spouses or others
  9. EXECUTION AND WITNESSING
    1. I declare that I sign this will willingly and voluntarily and that I am of sound mind and memory at the time of signing. This will consist of [INSERT NUMBER OF PAGES] pages, including this page, and I have initialed each page and signed the last page.
    2. I sign this will in the presence of the following witnesses, who, at my request and in my presence, and in the presence of each other, have subscribed their names as witnesses:
      1. WITNESS 1
        1. [INSERT WITNESS 1 FULL LEGAL NAME],
        2. [INSERT WITNESS 1 ADDRESS], [INSERT WITNESS 1 CITY], [INSERT WITNESS 1 STATE], [INSERT WITNESS 1 COUNTRY]
  10. WITNESS 2
    1. [INSERT WITNESS 2 FULL LEGAL NAME],
    2. [INSERT WITNESS 2 ADDRESS], [INSERT WITNESS 2 CITY], [INSERT WITNESS 2 STATE], [INSERT WITNESS 2 COUNTRY]

10. APPLICABLE LAW

This will shall be governed by and construed in accordance with the laws of [INSERT STATE/COUNTRY OF APPLICABLE LAWS].

IN WITNESS WHEREOF, I have hereunto set my hand and seal on this [ INSERT MENTION DAY] day of [INSERT MENTION MONTH], [INSERT MENTION YEAR].

[INSERT YOUR FULL LEGAL NAME]

Signed, sealed, published, and declared by the above-named testator as and for their Last Will and Testament, in our presence, and in the presence of each other, who have at their request and in their presence and in the presence of each other, subscribed our names as witnesses hereto.

[INSERT WITNESS 1 FULL LEGAL NAME]

[INSERT WITNESS 2 FULL LEGAL NAME]

TESTAMENTARY AFFIDAVIT

STATE OF [INSERT STATE]

COUNTRY OF [INSERT COUNTRY].

Before me, the undersigned authority, on this day personally appeared [INSERT NAME OF TESTATOR], testator,[INSERT NAME OF WITNESS 1], witness and [INSERT NAME OF WITNESS 2], witness, known to me to be the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, and, all of these persons being by me duly sworn, the testator declared to me and to the witnesses in my presence that the instrument is the testator’s last will and that the testator has willingly signed or directed another to sign for him/her, and that the testator executed it as the testator’s free and voluntary act for the purposes therein expressed; and each of the witnesses stated to me, in the presence of the testator, that they signed the will as witnesses and that to the best of their knowledge the testator was eighteen (18) years of age or over, of sound mind and under no constraint or undue influence.

Testator Signature Witness 1 Signature

Witness 2 Signature

Subscribed and sworn to before me by the said testator and the said witnesses, this

[INSERT DAY] day of [INSERT MONTH]_, [INSERT YEAR].

Notary Public

My Commission expires: