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LAST WILL AND TESTAMENT OF
________________
[Name of Testator]
I, _______________________________________ [Name of Testator], a resident
of ___________________, California, being of sound and disposing
mind and memory and over the age of eighteen (18) years or lawfully
married or having been lawfully married or a member of the armed
forces of the United States or a member of an auxiliary of the armed
forces of the United States or a member of the maritime service
of the United States, and not being actuated by any duress, menace,
fraud, mistake, or undue influence, do make, publish, and declare
this to be my last Will, hereby expressly revoking all Wills and
Codicils previously made by me.
I. MARRIAGE AND CHILDREN
I am married to _______________________________________, and all
references in this Will to my _________________ [husband or wife]
are references to _________________ [him or her]. I have the following
children:
Name: ____________________________________ Date of Birth: __________________
Name: ____________________________________ Date of Birth: __________________
Name: ____________________________________ Date of Birth: __________________
Name: ____________________________________ Date of Birth: __________________
II. EXECUTOR: I appoint ____________________________________
as Executor of this my Last Will and Testament and provide if this
Executor is unable or unwilling to serve then I appoint ____________________________________
as alternate Executor. My Executor shall be authorized to carry
out all provisions of this Will and pay my just debts, obligations
and funeral expenses.
III. GUARDIAN: In the event I shall die as the
sole parent of minor children, then I appoint ____________________________________
as Guardian of said minor children. If this named Guardian is unable
or unwilling to serve, then I appoint ____________ as alternate
Guardian.
IV. SIMULTANEOUS DEATH OF SPOUSE: In the event
that my _________________ [wife or husband] shall die simultaneously
with me or there is no direct evidence to establish that my _________________
[wife or husband] and I died other than simultaneously, I direct
that I shall be deemed to have predeceased my _________________
[wife or husband], notwithstanding any provision of law to the contrary,
and that the provisions of my Will shall be construed on such presumption.
V. SIMULTANEOUS DEATH OF BENEFICIARY: If any beneficiary
of this Will, including any beneficiary of any trust established
by this Will, other than my _________________ [wife or husband],
shall die within 60 days of my death or prior to the distribution
of my estate, I hereby declare that I shall be deemed to have survived
such person.
VI. BEQUESTS:
I will, give, and bequeath unto the persons named below, if he
or she survives me, the Property described below:
Name: _____________________________________
Address: ___________________________________
Relationship: ________________________________
Property: _________________________________________________
________________________________________________________
________________________________________________________
Name: _____________________________________
Address: ___________________________________
Relationship: ________________________________
Property: ________________________________________________
________________________________________________________
________________________________________________________
Name: _____________________________________
Address: ___________________________________
Relationship: ________________________________
Property: ________________________________________________
________________________________________________________
________________________________________________________
Name: _____________________________________
Address: ___________________________________
Relationship: ________________________________
Property: ________________________________________________
________________________________________________________
________________________________________________________
If a named beneficiary to this Will predeceases me, the bequest
to such person shall lapse, and the property shall pass under the
other provisions of this Will. If I do not possess or own any property
listed above on the date of my death, the bequest of that property
shall lapse.
VII. ALL REMAINING PROPERTY; RESIDUARY CLAUSE:
I give, devise, and bequeath all of the rest, residue, and remainder
of my estate, of whatever kind and character, and wherever located,
to my _________________ [wife or husband], provided that my _________________
[wife or husband] survives me. I make no provision for my children,
knowing that, as their parent, my _________________ [wife or husband]
will continue to be mindful of their needs and requirements. If
my _________________ [wife or husband] does not survive me, then
I give, devise, and bequeath all of the rest, residue, and remainder
of my estate, of whatever kind and character, and wherever located,
to my children per share, but if any child predeceases me, then
his or her share will pass, per share, to his or her lineal descendants,
natural or adopted, if any, who survive me; but if there are none,
then his or her share will lapse and pass equally as part of the
shares of my other named children; but if none of my named children
survives me or leaves a lineal descendant who survives me, then
according to the order of intestate succession in the State of California.
VIII. ADDITIONAL POWERS OF THE EXECUTOR: My Executor
shall have the following additional powers with respect to my estate,
to be exercised from time to time at my Executor's discretion without
further license or order of any court.
________________________________________________________
________________________________________________________
IX. WAIVER OF BOND, INVENTORY, ACCOUNTING, REPORTING AND
APPROVAL: My Executor and alternate Executor shall serve
without any bond, and I hereby waive the necessity of preparing
or filing any inventory, accounting, appraisal, reporting, approvals
or final appraisement of my estate. I direct that no expert appraisal
be made of my estate unless required by law.
X. OPTIONAL PROVISIONS: I have placed my initials
next to the provisions below that I adopt as part of this Will.
Any unmarked provision is not adopted by me and is not a part of
this Will.
________ If any beneficiary to this Will is indebted to me at the
time of my death, and the beneficiary evidences this debt by a valid
Promissory Note payable to me, then such person's portion of my
estate shall be diminished by the amount of such debt.
________ Any and all debts of my estate shall first be paid from
my residuary estate. Any debts on any real property bequeathed in
this Will shall be assumed by the person to receive such real property
and not paid by my Executor.
________ I direct that my remains be cremated and that the ashes
be disposed of according to the wishes of my Executor.
________ I direct that my remains be cremated and that the ashes
be disposed of in the following manner:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
________ I desire to be buried in the _____________________________
cemetery in __________________ County, __________________.
XI. CONSTRUCTION: The term "testator"
as used in this Will is deemed to include me as Testator or Testatrix.
The pronouns used in this Will shall include, where appropriate,
either gender or both, singular and plural.
XII. SEVERABILITY AND SURVIVAL: If any part of
this Will is declared invalid, illegal, or inoperative for any reason,
it is my intent that the remaining parts shall be effective and
fully operative, and that any Court so interpreting this Will and
any provision in it construe in favor of survival.
IN WITNESS WHEREOF, I, _______________________________________ [Name
of Testator], hereby set my hand to this last Will, on each page
of which I have placed my initials, on this ________ day of ____________________,
20______ at _____________________________________________________________,
State of California.
_______________________________________ [Signature]
_______________________________________ [Printed or typed name of
Testator]
_______________________________________ [Address of Testator, Line
1]
_______________________________________ [Address of Testator, Line
2]
WITNESSES
The foregoing instrument, consisting of ________ pages, including
this page, was signed in our presence by _______________________________________
[name of Testator] and declared by _________________ [him or her]
to be _________________ [his or her] last Will. We, at the request
and in the presence of _________________ [him or her] and in the
presence of each other, have subscribed our names below as witnesses.
We declare that we are of sound mind and of the proper age to witness
a will, that to the best of our knowledge the testator is of the
age of majority, or is otherwise legally competent to make a will,
and appears of sound mind and under no undue influence or constraint.
Under penalty of perjury, we declare these statements are true and
correct on this ________ day of ____________________, 20______ at
_________________, State of California.
_______________________________________ [Signature of Witness #1]
_______________________________________ [Printed or typed name of
Witness #1]
_______________________________________ [Address of Witness #1,
Line 1]
_______________________________________ [Address of Witness #1,
Line 2]
_______________________________________ [Signature of Witness #2]
_______________________________________ [Printed or typed name of
Witness #2]
_______________________________________ [Address of Witness #2,
Line 1]
_______________________________________ [Address of Witness #2,
Line 2]
_______________________________________ [Signature of Witness #3]
_______________________________________ [Printed or typed name of
Witness #3]
_______________________________________ [Address of Witness #3,
Line 1]
_______________________________________ [Address of Witness #3,
Line 2]
