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 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. 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.
II. ACKNOWLEDGMENT OF CHILDREN
I have the following children,
and all references to "children" in my Last Will and
Testament refer to the named following:
Name: ____________________________
Date of Birth: __________________
Name: ____________________________ Date of Birth: __________________
Name: ____________________________ Date of Birth: __________________
Name: ____________________________ Date of Birth: __________________
III. GUARDIAN: In the event I shall
die as the sole parent and guardian of my 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 BENEFICIARY: If any beneficiary of
this Will, including any beneficiary of any trust established
by this Will 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 _______________________________________,
provided that _______________________________________ survives
me. If _______________________________________ 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 _______________________________________
as alternate.
VII. TRUST FOR THE BENEFIT OF MINOR
CHILD(REN): In the event that I give, devise, or bequeath any
of my estate under this will to any child of mine who is a minor
at the time of my death, then I direct any and all such gifts,
devises, or bequests for that child held in a separate trust,
until said child reaches the age of 26. I name _______________________________________
the trustee of each child's trust, and he or she shall serve
without bond. If this person is unable or unwilling to serve
as trustee, then I name _______________________________________
to serve as trustee, and he or she also shall serve without
bond.
The Trustee's Duties: The trustee
shall hold the trust property for the benefit of the child and
may distribute, to the extent the trustee deems necessary, income
or principal of that child's trust to provide for the child's
education, health, maintenance, and support. I further authorize
the trustee to exercise discretion in deciding whether to make
a distribution for the benefit of any child by considering the
child's other income, resources, and sources of support. I direct
the trustee to accumulate and to add to the principal of each
trust any and all trust income that the trustee has not distributed
to the child.
Termination of a Child's Trust:
Termination of a child's trust shall occur upon any of the following
events: the beneficiary dies before reaching age 26, the child
reaches age 26, or the trust property is depleted through properly
authorized distributions by the trustee. In the event that the
trust terminates due to the child's death, the trustee shall
distribute the remaining principal and accumulated net income
of the trust to the child's heirs at law. In the event that
the trust terminates upon the child's reaching age 26, the trustee
shall distribute to the child any remaining principal and accumulated
net income of the trust.
The Trustee's Authority: The trustee
shall possess all authority granted to him or her in this will
and the following powers enumerated in this paragraph. The trustee
shall have the authority to hire accountants, agents, attorneys,
investment advisors, tax advisors, and any other professional,
as reasonably necessary, to administer the trust and to manage
any trust asset and for any litigation affecting the trust,
and to pay any such reasonable fees of such professionals with
the trust's assets. The trustee shall have the authority conferred
by this will on the executor with respect to property in the
trust. In addition, the trustee shall have all other authority
and powers generally conferred on trustees by the laws of the
state that has jurisdiction over this trust.
General Administration of the Trust:
Any and all children's interests held in trust are nontransferable
by either voluntary or involuntary assignment or by operation
of law. To the fullest extent permitted by law, all interests
shall remain free from the claims of creditors and from attachment,
bankruptcy, execution, or any other legal process. To the fullest
extent permitted by law, the trustee shall administer at his
or her sole discretion and independent of court supervision.
Any trustee fulfilling the requirements under these trust provisions
may receive reasonable compensation from the trust's assets
for his or her services, including both ordinary and extraordinary
services, and any and all services in relation to the complete
or partial termination of any trust created by this will; however,
no person who adds to the corpus of any trust shall ever be
entitled to any compensation.
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]
