S
Stu
I'm looking for a program (hopefully freeware) to make out a Living
Will and Last Will and Testament. Does anyone know of one?
Regards,
Stu MacDonald
Will and Last Will and Testament. Does anyone know of one?
Regards,
Stu MacDonald
H
Helen
Stu said:
Here, modify it to suit your state and laws.
LAST WILL AND TESTAMENT OF
_______________________________________
[Name of Testator]
I, _______________________________________ [Name of Testator], a resident of
___________________, Kentucky, 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. 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
_____________________________________________________________, Commonwealth of Kentucky.
_______________________________________ [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
_____________________________________________________________, Commonwealth of Kentucky.
_______________________________________ [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]
--
It has always been the policy of the
advocates of error, when unable to
sustain themselves by sophistry, specious
reasoning and false logic, to stigmatize
the advocates of truth.
H
Helen
Ten Steps to Completing Your Last Will and Testament
1.. Destroy All Copies of Old Wills. If you have previously executed a Will, physically
destroy it. Even though our Wills technically "revoke" all your prior wills, you should not
rely on this language to revoke them.
2.. Download Our Free Will Template. Download our Free Will Template for Microsoft Word.
This template contains two features essential to your Will. First, it provides for page numbers
in the proper format ("Page X of Y"). Second, it includes blank spaces on each page on which
you and your witnesses should each write your respective initials.
3.. Select the Appropriate Last Will Form. Find the Will form at the ILRG Legal Forms
Archive best suited to your circumstances. Copy the text of the form into Microsoft Word or the
word processor of your choice. We recommend you "paste" the form into our free Will template
discussed in #2 above. (If you do not know how to copy the text on a computer screen into a
word processor, please read the ILRG Copy-and-Paste Tutorial.)
4.. Enter Your Information and Delete Blank Lines. Enter your information and bequests into
the form where you see blank lines. Delete the remainder of the blanks after you have input
your information. (Your Will should not resemble a form when you're done.)
5.. Provide at Least Nominal Gifts to All Your Children. Make certain that you leave at
least something for your children (and your grandchildren, if any of your children are
deceased), if you have any such descendants. If you leave nothing for them, a judge could
determine at a later date that you forgot to do so, should one of them challenge your Will. It
is best to make your intentions clear and demonstrate that you did not forget anyone. Even a
gift of $1 to the child you "omit" will suffice. Please note that we do not recommend that you
leave a nominal gift to your spouse using our Wills. In general, states require that the
surviving spouse receive one-third to one-half of the deceased spouse's estate. If you wish to
leave less than half of your estate to your spouse, consult with an attorney.
6.. Review and Correct Errors. Review your answers carefully and ensure they clearly and
accurately reflect your intent. Spelling mistakes or typographical errors are fine, provided
that your intent is clear. If a mistake leaves any doubt, correct the error and re-print the
page. Do not use Liquid Paper or any similar correction product under any circumstances.
7.. Choosing Appropriate Witnesses. All states require two witnesses, with the exception of
Vermont. However, it is strongly recommended that you have three witnesses sign your Will in
the event a witness dies or moves to another state. Your spouse or children should not serve as
witnesses. In addition, your witnesses must be at least 18 years of age and should not be a
beneficiary to your Will. (A court could later disqualify this beneficiary from his or her
inheritance, and your Will is more vulnerable to challenge.)
8.. Choose an Appropriate Executor and Alternate Executor. Ideally, these individuals should
reside in the same state. It could potentially prove very costly for your executor to travel
back-and-forth to manage your estate. In addition, some states require that out-of-state
executors post a cash bond, even if you have waived this requirement in your Will.
9.. Consider if a Notary and Self-Proving Affidavit are Best for You. Notarizing your Will
is unnecessary, unless you choose to complete a Self-Proving Affidavit simultaneous with the
signing of your Will. It is strongly recommended that you complete the Self-Proving Affidavit,
unless you live in the District of Columbia, Maryland, Ohio, or Vermont, where they are not
permitted. (In California, all wills are considered "self-proved" once they are properly signed
and executed by the testator and all witnesses.) A Self-Proving Affidavit will make it
unnecessary for your witnesses to appear in court to affirm your Will's validity after your
death. The Affidavit can potentially save your beneficiaries and witnesses considerable
inconvenience. It also gives your Will an extra layer of authentication that can help your
beneficiaries avoid a long and costly probate process. (The Affidavit is found at the footer of
all Wills from our site only for those states that permit them.)
10.. Sign a Single Copy of the Will Together with All Witnesses, Distribute Unsigned Copies,
and Store Your Will. Witnesses must be in your immediate presence and must observe your actual
signing of the Will, and all the witnesses must observe the other witnesses signing the Will.
You do not need to read your Will to them, and it is unnecessary for them to read it. However,
they must clearly understand that the document is your Last Will and Testament. You must
clearly explain to them that you intend the document to function as your Will upon your death.
If your state permits a Self-Proving Affidavit, and if you elect to attach one to your Will
(recommended), remember that the same witnesses who observed your signing the Will should also
observe your signing the Self-Proving Affidavit. Have the notary present at the signing of your
Will, and then sign the Will and the Self-Proving Affidavit at the same ceremony. Remember,
only prepare and complete one original Will. You should not have more than one original or
even photocopies of your signed Will. Doing so can complicate matters if you wish to create a
new will at a later time, as it may prove difficult to track down all copies of your old Will.
Instead, consider providing your beneficiaries, executor, and alternate executor each with an
unsigned copy of you Will. Store your Will in a safe place, and let your executor and alternate
executor know where they can find and access your original Will upon your death.
1.. Destroy All Copies of Old Wills. If you have previously executed a Will, physically
destroy it. Even though our Wills technically "revoke" all your prior wills, you should not
rely on this language to revoke them.
2.. Download Our Free Will Template. Download our Free Will Template for Microsoft Word.
This template contains two features essential to your Will. First, it provides for page numbers
in the proper format ("Page X of Y"). Second, it includes blank spaces on each page on which
you and your witnesses should each write your respective initials.
3.. Select the Appropriate Last Will Form. Find the Will form at the ILRG Legal Forms
Archive best suited to your circumstances. Copy the text of the form into Microsoft Word or the
word processor of your choice. We recommend you "paste" the form into our free Will template
discussed in #2 above. (If you do not know how to copy the text on a computer screen into a
word processor, please read the ILRG Copy-and-Paste Tutorial.)
4.. Enter Your Information and Delete Blank Lines. Enter your information and bequests into
the form where you see blank lines. Delete the remainder of the blanks after you have input
your information. (Your Will should not resemble a form when you're done.)
5.. Provide at Least Nominal Gifts to All Your Children. Make certain that you leave at
least something for your children (and your grandchildren, if any of your children are
deceased), if you have any such descendants. If you leave nothing for them, a judge could
determine at a later date that you forgot to do so, should one of them challenge your Will. It
is best to make your intentions clear and demonstrate that you did not forget anyone. Even a
gift of $1 to the child you "omit" will suffice. Please note that we do not recommend that you
leave a nominal gift to your spouse using our Wills. In general, states require that the
surviving spouse receive one-third to one-half of the deceased spouse's estate. If you wish to
leave less than half of your estate to your spouse, consult with an attorney.
6.. Review and Correct Errors. Review your answers carefully and ensure they clearly and
accurately reflect your intent. Spelling mistakes or typographical errors are fine, provided
that your intent is clear. If a mistake leaves any doubt, correct the error and re-print the
page. Do not use Liquid Paper or any similar correction product under any circumstances.
7.. Choosing Appropriate Witnesses. All states require two witnesses, with the exception of
Vermont. However, it is strongly recommended that you have three witnesses sign your Will in
the event a witness dies or moves to another state. Your spouse or children should not serve as
witnesses. In addition, your witnesses must be at least 18 years of age and should not be a
beneficiary to your Will. (A court could later disqualify this beneficiary from his or her
inheritance, and your Will is more vulnerable to challenge.)
8.. Choose an Appropriate Executor and Alternate Executor. Ideally, these individuals should
reside in the same state. It could potentially prove very costly for your executor to travel
back-and-forth to manage your estate. In addition, some states require that out-of-state
executors post a cash bond, even if you have waived this requirement in your Will.
9.. Consider if a Notary and Self-Proving Affidavit are Best for You. Notarizing your Will
is unnecessary, unless you choose to complete a Self-Proving Affidavit simultaneous with the
signing of your Will. It is strongly recommended that you complete the Self-Proving Affidavit,
unless you live in the District of Columbia, Maryland, Ohio, or Vermont, where they are not
permitted. (In California, all wills are considered "self-proved" once they are properly signed
and executed by the testator and all witnesses.) A Self-Proving Affidavit will make it
unnecessary for your witnesses to appear in court to affirm your Will's validity after your
death. The Affidavit can potentially save your beneficiaries and witnesses considerable
inconvenience. It also gives your Will an extra layer of authentication that can help your
beneficiaries avoid a long and costly probate process. (The Affidavit is found at the footer of
all Wills from our site only for those states that permit them.)
10.. Sign a Single Copy of the Will Together with All Witnesses, Distribute Unsigned Copies,
and Store Your Will. Witnesses must be in your immediate presence and must observe your actual
signing of the Will, and all the witnesses must observe the other witnesses signing the Will.
You do not need to read your Will to them, and it is unnecessary for them to read it. However,
they must clearly understand that the document is your Last Will and Testament. You must
clearly explain to them that you intend the document to function as your Will upon your death.
If your state permits a Self-Proving Affidavit, and if you elect to attach one to your Will
(recommended), remember that the same witnesses who observed your signing the Will should also
observe your signing the Self-Proving Affidavit. Have the notary present at the signing of your
Will, and then sign the Will and the Self-Proving Affidavit at the same ceremony. Remember,
only prepare and complete one original Will. You should not have more than one original or
even photocopies of your signed Will. Doing so can complicate matters if you wish to create a
new will at a later time, as it may prove difficult to track down all copies of your old Will.
Instead, consider providing your beneficiaries, executor, and alternate executor each with an
unsigned copy of you Will. Store your Will in a safe place, and let your executor and alternate
executor know where they can find and access your original Will upon your death.
L
Laurie Flack
Helen said:
Thanks Helen - very useful.
Laurie
S
Stu
Thanks Helen. This is perfect for my needs.
Regards,
Stu MacDonald
T
tivoli0
<<Download our Free Will Template for Microsoft Word>>
from where?
-Tivoli0
from where?
-Tivoli0
T
Thip
tivoli0 said:
I just did the most amazing thing and plugged "Download our Free Will
Template for Microsoft Word" into Google.
http://www.ilrg.com/forms/lastwill/10steps.html
B
Bill Turner
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Thip said:
Wouldn't it be nice if people could just say something like "Forgot to
include the link. Here it is: "
Mr Bill
T
Thip
Bill Turner said:
True, but Mom always said "The Lord helps those who helps themselves" and
Google is my friend. ;-)
B
Bill Turner
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Thip said:
Did mom say anything about being a smartass in the process?
Maybe she did.
Mr Bill
S
Steven Burn
O
oldfart
My mum would say, God helps those that help themselves, and god help those
caught helping themselves!!!!
Regards
Owen
oldfart
J
J. Yazel
=================================
I tried that and got:
Request Cannot Be Serviced
The site has exceeded its resource limit and cannot process this request.
T
Thip
Bill Turner said:
Nope, Mom didn't cuss.
And I wasn't being a smarta**, sorry you tookit that way.
L
Lou
J. Yazel said:
Which suggests you should try again at another time.