WILL AND TESTAMENT OF:
______________________, of ____________________, being of sound mind and body
do hereby declare that this document is my last will and testament.
executing such document, I hereby declare that:
1. I revoke all wills and codicils that I have
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
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.
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
have hereto set my hand this _____ day of _____________ (month), _____ (year).
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 ________________________________.