Last Will and Testament
Estate Planning · Wills
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LAST WILL AND TESTAMENT OF _______________ This Last Will and Testament is made and executed on this date by me, _______________, residing at _______________, in the State of _______________. I declare that I am of legal age, of sound mind and memory, and acting voluntarily, free from any duress, fraud, or undue influence. I revoke all prior wills and codicils previously made by me. ARTICLE I — DECLARATION AND REVOCATION I, _______________, being of sound mind and acting of my own free will, do make, publish, and declare this instrument to be my Last Will and Testament, hereby expressly revoking any and all wills and codicils previously executed by me, whether jointly or individually. ARTICLE II — FAMILY INFORMATION ARTICLE III — NOMINATION OF GUARDIAN FOR MINOR CHILDREN ARTICLE IV — NOMINATION OF PERSONAL REPRESENTATIVE I nominate and appoint _______________, residing at _______________, as the Primary Personal Representative of my estate. If _______________ is unable, unwilling, or ceases to serve, I appoint _______________, residing at _______________, as Alternate Personal Representative. My Personal Representative shall serve without bond and shall have all powers permitted under the laws of the State of _______________, including without limitation the power to sell, lease, or mortgage real and personal property; to collect and compromise debts; to invest and reinvest estate assets; and to distribute the estate as provided herein. ARTICLE V — SPECIFIC BEQUESTS I make no specific bequests of individual items of property. All of my property shall pass under the residuary provisions of this Will. ARTICLE VI — RESIDUARY ESTATE I direct that all the rest, residue, and remainder of my estate, of whatsoever kind and wherever situated, including property over which I have a power of appointment, be distributed as follows: I give my entire residuary estate to my heirs at law as determined under the intestate succession laws of the State of _______________. ARTICLE VII — ALTERNATE DISTRIBUTION (LAPSE AND RESIDUE) If any beneficiary under this Will fails to survive me by thirty (30) days, or if any bequest fails for any reason, the property intended for that beneficiary shall pass with the residue of my estate. If no beneficiary survives me, my estate shall pass to my heirs as determined under the intestate succession laws of the State of _______________. ARTICLE VIII — DISINHERITANCE Except as otherwise expressly provided in this Will, I make no provision for any person not named herein. Any omission is intentional. ARTICLE IX — BURIAL AND FUNERAL WISHES I leave the disposition of my remains to the discretion of my Personal Representative in accordance with applicable law. ARTICLE X — TAXES AND EXPENSES I direct that all estate and inheritance taxes, together with all administrative expenses and debts, shall be paid from the residue of my estate before distribution to the beneficiaries, and no beneficiary shall bear any proportionate share of such taxes or expenses. ARTICLE XI — GOVERNING LAW This Will shall be construed and interpreted in accordance with the laws of the State of _______________, which shall govern the validity, construction, and administration of this instrument. ARTICLE XII — ATTESTATION I, _______________, the Testator, sign my name to this instrument on the date written below and declare it to be my Last Will and Testament, in the presence of the witnesses named below, each of whom witnessed my signing and my declaration, and who signed in my presence and in the presence of each other. TESTATOR:
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