Last Will And Testamant, Simple
Last Will and Testament
I, ______________, residing at _________, ___________, being of sound mind and in the contemplation of the certainty of death, do hereby declare this instrument to be my last will and testament.
II.I hereby revoke all previous wills and codicils.
III.I direct that the disposition of my remains be as follows:
_________________________________________________________________
IV.I give all the rest and residue of my estate to my spouse, ________________________, should they survive me for 60 days. If my spouse, ______________________________, does not survive me, I give all the rest and residue of my estate to ____________________. If neither _____________________________ nor ___________________ survives me, I give all the rest and residue of my estate to my heirs as determined by the laws of the State of ____________, relating to descent and distribution.
V.I appoint __________________, to act as the executor of this will, to serve without bond. Should __________________ be unable or unwilling to serve, then I appoint ______________ to act as the executor of this will.
I herewith affix my signature to this will on this the ____________ day of ____________, 19___ at ________________________________________, in the presence of the following witnesses, who witnessed and subscribed this will at my request, and in my presence.
ATTESTATION CLAUSE
On the date above written, ______________, well known to us declared to us, and in our presence, that this instrument, consisting of _____ pages, is their last will and testament, and ______________, then signed this instrument in our presence, and at ______________’s request we now sign this will as witnesses in each other’s presence. Further that ______________, appeared to us to be of sound mind and lawful age, and under no undue influence.
Witness:
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Address: ______________________________________________________Witness:
_______________________________________________________________
Address: ______________________________________________________Witness:
_______________________________________________________________
Address: ______________________________________________________STATE OF ______________
COUNTY OF _____________Before me, the undersigned authority authorized to take acknowledgments and administer oaths, personally appeared:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
who after being having duly sworn or affirmed to tell the truth, stated:
1. That ______________ declared this instrument to be their last will and testament to the witnesses.
2. That ______________ signed this instrument in their presence.
3. That the witnesses signed as witnesses in the presence of ______________ and each other.
4. That ______________ is well known to the witnesses, and the witnesses believe ______________ to be of lawful age, of sound mind and under no undue influence or constraint.
______________________________________________________________
Notary
My Commission Expires: _________________________
Last Will and Testament
Review ListThis review list is provided to inform you about this document in question and assist in its preparation. This is a simple will and useful for that reason. Be sure to complete this if you have no other will. This provides a wonderful starting point. To take pressure off yourself, make a new will at the same time you have to renew your driving license. Consider it an ongoing process so you don’t try to anticipate all future events. Just take care of the next 3 to 5 years and then do a new will. You can give no greater gift to your heirs, should you die early, than to have a will in place to avoid all the problems of dying without one.
1. Have three witnesses witness your signing. Have a notary witness the signatures. This covers the requirements of all states and insures your heirs do not have a problem if state laws change, which they do.
2. Make multiple copies. Keep one in a home safe. Keep one off premises. Give your spouse a copy or the person closest to you.
3. Note that we have only provided one Last Will and Testament form. This is done because we can only provide the skeleton of the document. The most important step is to enact it. Then it is up to you to provide for the level of specificity you desire. Rather than attempt to present a variety of wills for your review, we believe it simpler to provide a standard will and advise you to seek legal counsel if you want to make it too much more complex. In addition, remember to reduce your stress consider doing a will that will cover just the next few years, as suggested above, and then modify it to fit your later circumstances such as having children or your children leaving home.
Frequently Asked Questions
What is a last will and testament?
A last will and testament is a legal document in which you declare your wishes for the disposition of your remains and the distribution of your estate after your death. The provided simple will includes sections for appointing an executor, distributing assets to a spouse or other beneficiaries, and specifying what happens if those beneficiaries do not survive you. It also revokes all previous wills and codicils.
How do I write a simple last will and testament?
To write a simple last will and testament, you can follow the structure shown in the article: identify yourself and your residence, declare sound mind, revoke prior wills, direct the disposition of your remains, distribute your estate to your spouse or other beneficiaries, and appoint an executor. You must fill in the blanks with your specific information and sign and date the document. The article provides a template that you can adapt to your circumstances.
What should I include in a last will and testament?
A last will and testament should include your identification, a revocation of previous wills, instructions for the disposition of your remains, the distribution of your estate to your chosen beneficiaries, and the appointment of an executor. The simple will in the article also includes a provision for a backup executor and a 60-day survival requirement for your spouse. You should also consider specifying what happens if your primary beneficiaries do not survive you.
What is the role of an executor in a will?
The executor is the person you appoint to carry out the instructions in your will, such as distributing your estate and handling your affairs after your death. In the provided will, the executor is appointed to serve without bond, meaning they may not need to obtain a surety bond. You can also name a backup executor in case your first choice is unable or unwilling to serve.
What happens if my spouse does not survive me?
According to the simple will in the article, if your spouse does not survive you for 60 days, your estate goes to the alternate beneficiary you name. If neither your spouse nor that alternate beneficiary survives you, your estate is distributed to your heirs as determined by the laws of the state you specify for descent and distribution. This ensures your estate is distributed according to your wishes or state law.
Can I revoke a previous will?
Yes, the simple will in the article includes a clause that revokes all previous wills and codicils. This means that when you sign this new will, any earlier wills you made are no longer valid. It is important to include such a revocation clause to avoid confusion or conflicts between multiple wills.
Do I need a lawyer to make a will?
The article does not state whether a lawyer is required to make a will. However, it provides a simple template that you can fill out yourself. For legal advice specific to your situation, you may wish to consult a qualified attorney.
How do I appoint an executor for my will?
To appoint an executor, you simply name the person in your will. In the provided template, you fill in the blank with the name of your chosen executor, and you can also name a backup executor. The will states that the executor shall serve without bond, which means they may not need to post a bond to act as executor.
What is a residuary clause in a will?
A residuary clause is the part of a will that distributes any remaining assets after specific gifts and debts are paid. In the simple will provided, Section IV gives all the rest and residue of the estate to the spouse, then to an alternate beneficiary, and finally to heirs according to state law. This ensures that no part of the estate is left undistributed.
What does it mean to serve without bond as an executor?
Serving without bond means that the executor is not required to obtain a surety bond, which is a type of insurance that protects the estate from mismanagement. The simple will in the article appoints the executor to serve without bond. This can simplify the executor's duties and reduce costs for the estate.
Nice and Clean document
Pretty good.
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Thank you so much for sharing this sample template with us!
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