LAST WILL AND TESTAMENT

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Last Will and Testament
Last Will and Testament

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Download this Last Will and Testament form for your personal use. It's a free printable Last Will template for married adults with children

 


What to consider when writing your last will and testament

People are skeptical about talking about their deaths or even planning how they want to be taken care of when they die. However, at the time of bereavements, family members suffer from stress and anxiety over the assets that the deceased owned. Some families even become totally divided when deciding who should receive what, which is the exact reason why it is important that you write your last will and testament early. Death is an inevitable part of human existence and being prepared for what is coming can save your family from having a huge fight over your estates and assets. When writing your last will and testament California here are some things that you need to consider:

Consider which property you should include

Bear in mind that contractual property, like your bank accounts and insurances, is not included in your will. Any property held jointly that includes right of survivorship is also left to the joint party. It is very important that you be very specific about what you leave to whom. Otherwise you may say that you want your assets equally divided to whomever you want to inherit them.

Write the inheritors’ names clearly

It is very important that you be very specific about this. There are cases when a will contains the words ‘my child’ instead of their name. This can be very confusing if there is more than one child. Your child’s name changes when they marry so you have to very specific about their status too. If you are excluding one of your children, it is important that you be specific about which properties you want them excluded from, because in law your children have equal rights to your assets, unless you specifically state the exclusion. If you have small children under the age of 18, it is important that you state clearly who will be taking care of them and who would manage their inheritance.


LAST WILL AND TESTAMENT - Version 1

 

LAST WILL AND TESTAMENT OF
_______________________________________
[Name of Testator]
I, _______________________________________ [Name of Testator], a resident of ___________________, [State], being of sound and disposing mind and memory and over the age of eighteen (18) years, and not being actuated by any duress, menace, fraud, mistake, or undue influence, do hereby make, publish and declare the following to be my Last Will and Testament, revoking all previous will and codicils made by me.
I. MARRIAGE AND CHILDREN

I declare that 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: ____________________________________ Birth Date: __________________
Name: ____________________________________ Birth Date: __________________
Name: ____________________________________ Birth Date: __________________
Name: ____________________________________ Birth Date: __________________
II. EXECUTOR: I appoint my spouse ____________________________________ as Executor of my Last Will and Testament. If my spouse 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, except mortgage notes secured by real estate, as soon as practical.

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LAST WILL AND TESTAMENT - Version 2

I, _____________________, of _______________________________ being of sound and disposing mind, do hereby make, publish and declare the following to be my Last Will and Testament, revoking all previous will and codicils made by me.

I declare that I am married to _______________, to which I have referred to herein as my "spouse", and that I have__ children now living whose names and birth dates are: (List Children's Names and Birth dates)

I have _____ deceased children.

All references to "my children" in this will include all of the above-named children and also any child hereafter born or adopted by me.

I

My spouse and I are executing wills at approximately the same time in which each is the primary beneficiary of the other. These wills are not being made because of any contractual agreement between us, and either will may at any time be revoked by either maker at the sole discretion thereof.

II

I appoint my spouse as personal representative of my will. If unable or unwilling to act, or to continue to act, as executor of my will, I then appoint _________________________ as personal representative of my will.

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