WILL

(SIMPLE FORM)

 

 

LAST WILL AND TESTAMENT OF:

 

_______________________________________

 

 

I, ______________________, of ____________________, being of sound mind and body do hereby declare that this document is my last will and testament.

 

In executing such document, I hereby declare that:

 

1.  I revoke all wills and codicils that I have previously made.

 

2.  I am not currently married.  I have no children now living, nor have I any deceased children who died and left issue.

 

3.  I give all my personal property including __________________________________ ______________________________________________________________________ ______________________________________________________________________or my interest in any such property not otherwise disposed of by this will or in any other manner together with any insurance on said property, to ____________________, of ___________________, if said beneficiary survives me by thirty (30) days.

 

3a.  If said beneficiary does not so survive me, then I give said property to _______________________________, of _______________________________.

 

3b.  If the beneficiary named in 3.A. does not survive me by thirty (30) days, then said property shall go to ________________________, of ________________________, to pass with the residue of my estate.

 

3c.  If the beneficiary named in 3.B. does not survive me by thirty (30) days, then such property shall pass with the residue of my estate.

 

4.  I give the residue of my estate as follows:

 

I.  To ______________________, of __________________, should such person survive me by thirty (30) days.

 

II.  If the beneficiary named in 4.I does not survive me by thirty (30) days, I give said beneficiary’s interest to ___________________, of ________________________ and if he or she does not survive me by thirty (30) days, then to _____________________, of _______________________ should he or she survive me by thirty (30) days, and if he or she should not so survive me, then I give the rest and residue of my estate to those persons who would have taken said property under the interstate laws of the State of ____________________.

 

5.  I nominate ___________________ who shall be represented by ________________ as Executor of this Will, to serve without bond.  If he or she shall for any reason fail to qualify as Executor, I nominate __________________________________ who shall be represented by __________________ as Executor to serve without bond.  The term "my Executor" as used in this Will shall include any personal representative of my estate.

 

5a. I authorize my Executor to sell, with or without notice, at either public or private sale, and to lease any property belonging to my estate, subject only to such confirmation of court as may be required by law.

 

5b.  I authorize my Executor to invest and reinvest any surplus money in the Executor's hands in every kind of property, real, personal, or mixed and every kind of investment, specifically including but not limited to interest bearing accounts, corporate obligations of every kind, preferred or common stocks, shares of investment trusts, investment companies, mutual funds, or common trust funds, including funds administered by the Executor, and mortgage participation’s, that men of prudence, discretion, and intelligence acquire for their own account.

 

6.  I direct that all inheritance, estate, or other death taxes (excluding any additional tax imposed under Internal Revenue Code Section 2032A or any generation skipping transfer tax) that may be reason of my death, be attributable to my probate estate or any portion of it, or to any property or transfers of property outside my probate estate, shall be paid by my Executor out of the residue of my estate disposed of by this Will, without adjustment among the residuary beneficiaries, and shall not be charged against or collected from any beneficiary of my probate estate, or from any transferee or beneficiary of any property outside my probate estate.

 

7.  If any beneficiary under this Will in any manner, directly or indirectly, contests or attacks this Will or any of its provisions, any share or interest in my estate given to the contesting beneficiary under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased me without issue.

 

I have hereto set my hand this _____ day of _____________ (month), _____ (year).

 

On the date written below, __________________________________ declared to us, the undersigned, that this instrument, consisting of these few pages including the page signed by us as witnesses, was his or her Will and requested us to act as witnesses to it.  He or she thereupon signed this Will in our presence, all of us being present at the same time.  We now, at his or her request, in his or her presence and in the presence of each other, subscribe our names as witnesses.  Each states that the testator is not a minor and appears to be of sound mind and that we have no knowledge or any facts indicating that the foregoing instrument, or any part of it, was procured by duress, menace, fraud or undue influence.  We, each for himself or herself, declare that each of us is at least the age of majority, and that each of us is, and the others appear to be of sound mind.  We, each for himself or herself, declare under penalty of perjury that the foregoing is true and correct and that this attestation and this declaration are executed on the _________ day of ____________ (month), _____(year) at ________________________________.

 

 

_______________________________      _______________________________

Name                                                           Address

 

 

_______________________________      _______________________________

Name                                                           Address

 

 

_______________________________      _______________________________

Name                                                            Address