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Last Will and Testament Template

Prepared for:
​[Client.FirstName][Client.LastName]
​[Client.Company]​

Created by:
​[Sender.FirstName][Sender.LastName]
[Sender.Company]​

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Last Will and Testament FAQ

  • A last will and testament is a document that contains the author’s wishes regarding their property and dependents after they pass away. They are then fulfilled by an executor (named in the will) who is supervised by court to ensure that everything was as the author intended.

  • Some of the things to not include in the will are joint assets (they will pass on to the other owners), business partnerships (they are governed by other agreements), conditional gifts, property for pets, and funeral arrangements. You should also avoid including anything that you don’t want to be exposed to a probate court.

  • Yes, a will written by yourself can be legal — as long as you sign it in the presence of two adult independent witnesses. It will be legally binding and enforceable, at least in the articles that don’t go against the law (see the answer to the previous question for things to avoid).

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What is a last will testament template? A last will and testament is a legal document that allows you, the testator, to explain your final wishes for your body, your estate, and any other important property. Having a last will and testament can prevent your estate from going through probate court. This last will and testament is for an individual but could be modified for a married couple, as applicable. Note that wills are very personal legal documents and needs vary from person to person. Take care to use this template as a guide to create a last will and testament that will suit your needs.

1. DECLARATION.

I, [Sender.FirstName][Sender.LastName], a legal adult with an address at [Sender.Address], being of competent and sound mind, do hereby declare this to be my last will and testament (hereinafter, “Last Will & Testament”) and do hereby revoke any and all wills and codicils heretofore made jointly or severally by me. I further declare that this Last Will & Testament reflects my personal wishes without any undue influence whatsoever.

Note that a last will and testament is very different from a living will. A living will includes information about who receives the power of attorney if you’re incapacitated, the type of healthcare you wish to receive if you’re not able to make decisions for yourself, and any medical treatment you want to avoid. Living wills are read and applied while you are still alive. Meanwhile, the last will and testament is only read and applied after your death.

2. BACKGROUND INFORMATION.

At the time of this Last Will & Testament, I am married to [name of spouse], and I have [number of children] children who are listed as follows:

  • [Child 1 Name] born [Child 1 DOB]

  • [Child 2 Name] born [Child 2 DOB]

You should update your will whenever your marital status changes. If you don’t have a spouse or children, change this section to state “I am unmarried and have no children.” You can list other family members instead by stating, “My surviving parents are [names of parents] and my siblings are listed as follows.”

3. EXECUTOR APPOINTMENT.

I hereby nominate and appoint [Executor 1 Name] as Executor/Personal Representative of this Last Will & Testament.

Should the aforementioned individual be unavailable, unable or unwilling to serve as Executor/Personal Representative when needed, then I nominate and appoint [Executor 2 Name] as the alternate Executor/Personal Representative of this Last Will & Testament.

Immediately following my death, the Executor/Personal Representative will be authorized to exercise all provisions of this Last Will & Testament and to use the assets from my estate to make necessary arrangements, without any unnecessary delay, for the payment of personal debts, obligations and funeral expenses.

The Executor of your estate is the person who will handle all your last wishes. Choose people you trust to follow your wishes accurately to make sure your estate planning is respected. They will have to follow state law while following your final wishes.

4. GUARDIAN APPOINTMENT.

In the event I am the sole parent or legal guardian of my non-adult children at the time of my death, then I hereby nominate and appoint [Guardian 1 name], an individual with an address at [guardian address], as legal guardian of my children.

Should the aforementioned individual be unavailable, unable or unwilling to serve as legal guardian when needed, then I nominate and appoint [Guardian 2 name] as the alternate legal guardian of my children.

If you have minor children, setting up a guardian appointment is vital to protecting them. However, if you don’t have any minor children, you can remove this section and renumber the following sections.

5. BEQUESTS & REQUESTS.

After payment of all personal debts, expenses, and liabilities, I request and direct that my property be bequeathed as follows:

Your estate will need to pay off your debts before your will is followed, including loans and credit cards. Your loved ones will split the remaining elements of your estate.

I give, devise and bequeath all of the remaining and residual property I have ownership in at the time of my death, whether real property, personal property or both, of whatever kind and wherever situated to [Inheritor 1 Name] absolutely and entirely.

Should [Inheritor 1 Name] not be living, then I give, devise and bequeath all of the remaining and residual property I have ownership in at the time of my death, whether real property, personal property or both, of whatever kind and wherever situated to [Inheritor 2 Name] absolutely and entirely.

You may choose to split your real estate and personal property between more than one person or you may want to identify specific assets. Needless to say, this section can get very complicated. If you have property like bank accounts or heirlooms that you want to go to specific people, list those items individually before you bequeath the rest of your estate along with alternate beneficiaries. Any property that you have placed in a living trust will be divided based on the terms of that trust.

‌Upon my death, I direct that my remains:

Finish the above sentence with any specific requests for burial or cremation. Include details about any payments or arrangements you have made before your death. You can also store your will with other estate planning documents to make the executor’s job easier.

IN WITNESS WHEREOF, I hereby subscribe my name to this Last Will & Testament, as of the date set forth below, at the address set forth below, in front of the attesting witness who also subscribe their names to this Last Will & Testament below as of the same date, at my request, and in my company.

[Sender.Name][Date of signing]

[Address of signing]

[Witness 1 name and signature][Date of signing]

[Witness 2 name and signature][Date of signing]

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Last Will and Testament Template

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This free Last Will and Testament Template and guide will walk you through the difficult life and death decisions that sometimes have to be made.

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