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 ACKNOWLEDGMENT
I am married to _______________________________________,
and all references in this Will to my _________________ [husband
or wife] are references to _________________ [him or her].
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. 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.
IV. 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.
V. 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.
VI. 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. 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 the following alternate beneficiary
or beneficiaries in equal shares:
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
If I have named more than one alternate beneficiary in this
paragraph, and should any such alternate beneficiary predecease
me, then I direct that the share of said beneficiary who shall
have died be given to the surviving alternate beneficiaries
in equal per shares. If none of my named beneficiaries survives
me, then the rest and residue of my estate shall pass according
to the order of intestate succession in the State of California.
VII. 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.
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
VIII. 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.
IX. 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, __________________.
X. 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.
XI. 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]
