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.
I hereby revoke all previous wills and codicils.
I direct that the disposition of my remains be as follows:
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.
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.
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.
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.
My Commission Expires: _________________________
Last Will and Testament
This 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.
- 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.
- Make multiple copies. Keep one in a home safe. Keep one off premises. Give your spouse a copy or the person closest to you.
- 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.
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