CREATING A VALID WILL
50 POINTS
Using the knowledge you have learned about creating a will and what has to go into a valid will, you are going to create a will for yourself at this point of your life. You can include any piece(s) of personal, real, or intellectual property you own. Do not use any property owned by your parents/guardians or property that you do not really have. You can leave your property to anyone family, friends, or anyone else you know. You may also create a trust by donating some of your property as well.
YOU WILL BE HANDING IN A TYPED COPY OF YOUR WILL AND THE ITEMS FOR WILL WORKSHEET.
CLASS WILL MEET IN THE LIBRARY FOR 2 CLASSES TO TYPE YOUR WILL. IF YOU DON’T FINISH BY THE END OF THE 2nd PERIOD, YOU MUST FINISH ON YOUR OWN AND HAND IT IN THE FOLLOWING DAY IN CLASS.
The basic requirements for creating and executing a will in are:
◦ The person creating the will must have testamentary intent (clear intention to make a will) and not be pressured into signing the document
◦ The signer must not be misled into thinking the document is something other than a will
◦ The testator/testatrix must have testamentary capacity (must know in a least a general way the kind and extent of the property involved, who stands to benefit, and they are making arrangements to dispose of their property after death)
◦ Must be in writing and be signed at the end of the document in front of 2 to 3 witnesses who will not inherit under the will
Make sure you sign your will and also have it signed by 2 or 3 other people that are not inheriting any property from your will.
There are examples of wills on the pages that follow.
EXAMPLE #1
LAST WILL AND TESTAMENT
of
____________________________________
(Full Legal Names)
____________________________________
(Date of Birth)
____________________________________
____________________________________
(Address)
1. Declaration
I hereby declare that this is my last will and testament and that I hereby revoke, cancel and annul all wills and codicils previously made by me either jointly or severally. I declare that I am of legal age to make this will and of sound mind and that this last will and testament expresses my wishes without undue influence or duress.
2. Appointment of Executors
2.1. I hereby nominate, constitute and appoint _________________________ as Executor or if this Executor is unable or unwilling to serve then I appoint _______________________ as alternate Executor.
2.2. I hereby give and grant the Executor all powers and authority as are required or allowed in law, and especially that of assumption.
2.3. I hereby direct that my Executors shall not be required to furnish security and shall serve without any bond.
2.4. Pending the distribution of my estate my Executors shall have authority to carry on any business, venture or partnership in which I may have any interest at the time of my death.
2.5. My Executors shall have full and absolute power in his/her discretion to insure, repair, improve or to sell all or any assets of my estate, whether by public auction or private sale and shall be entitled to let any property in my estate on such terms and conditions as will be in the best interest of my beneficiaries.
2.6. My Executors shall have authority to borrow money for any purpose connected with the liquidation and administration of my estate and to that end may encumber any of the assets of my estate.
2.7. My Executors shall have authority to engage the services of attorneys, accountants and other advisors as he/she may deem necessary to assist with the execution of this last will and testament and to pay reasonable compensation for their services from my estate.
3. Bequests
3.1. I bequeath unto the persons named below, if he or she survives me by 30 (thirty) days, the following property:
(LIST ALL PROPERTY BEING DISTRTIBUTED BY YOUR WILL WITH THE FOLLOWING INFO)
Name:____________________________________________
Relationship:_______________________________________
Address:__________________________________________
Property:__________________________________________
Value: ____________________________________________
3.2. If at the time of my death any of the property described in 3.1. above is no longer in my possession or part of my estate, then the bequest of such property shall be deemed null and void and shall no longer form part of this will and testament.
3.3. If any of the persons named in 3.1. above do not survive me by 30 (thirty) days, the property bequeathed to such a person shall become part of the remainder of my estate.
3.4. If any property described above is encumbered by debt which the beneficiary of such a bequest does not want to assume liability for, such property shall revert to the remainder of my estate.
4. Remaining Property and Residual Estate
4.1. I bequeath the remainder of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature in equal shares to:
Name:____________________________________________
Relationship:_______________________________________
Address:__________________________________________
AND
Name:____________________________________________
Relationship:_______________________________________
Address:__________________________________________
4.2. If any of the beneficiaries named in 4.1. are proved to be indebted to me by means of a legal instrument, then his / her share of my estate shall be reduced by the amount of such debt.
4.3. Should any of the beneficiaries named in 4.1. not survive me by 30 (thirty) days I direct that the non-surviving person's share goes to his / her natural, adopted or step children in equal shares.
5. Special Requests
I direct that on my death my remains shall be cremated and all cremation expenses shall be paid out of my estate.
OR
I direct that on my death my remains shall be buried at _______________________ and all funeral expenses shall be paid out of my estate.
6. General
6.1. Words signifying one gender shall include the others and words signifying the singular shall include the plural and vice versa where appropriate.
6.2. Should any provision of this will be judged by an appropriate court of law as invalid it shall not affect any of the remaining provisions whatsoever.
IN WITNESS WHEREOF I hereby set my hand on this _________________ day of _________________20_____ at _______________________________________ in the presence of the undersigned witnesses.
SIGNED: _______________________________
WITNESSES
As witnesses we declare that we are of sound mind and of legal age to witness a will and that to the best of our knowledge ____________________ is of legal age to make a will, appears to be of sound mind and signed this will willingly and free of undue influence or duress. We declare that he / she signed this will in our presence as we signed as witnesses in the presence of each other, all being present at the same time. Under penalty of perjury we declare these statements to be true and correct on this ________________ day of _________________ 20 __ at ________________________________.
Witness 1.
Name: ______________________
Address: _____________________________________________
Signature: ________________________
Witness 2.
Name: ______________________
Address: _____________________________________________
Signature: ________________________
Alternate clauses that you can use in this will form:
A last will and testament may typically specify bequests first and then leave the remainder of the estate to either a single person or entity, or divided amongst a number of people. There are so many variations as to how this may be done, in order to make provision for every eventuality should beneficiaries predecease the will maker, is not possible in our standard free legal will form.
* Provision for a single beneficiary in Paragraph 4:
4.1. I bequeath the remainder of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature to:
Name:____________________________________________
Relationship:_______________________________________
Address:__________________________________________
4.2. Should the person named in 4.1. not survive me by 30 (thirty) days I direct that the remainder of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature goes to his / her natural, adopted or step children in equal shares or if there are no surviving natural, adopted or step children I direct that the remainder of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature shall go to the following charity organization: _______________________________________.
OR
4.2. Should the person named in 4.1. not survive me by 30 (thirty) days I bequeath the remainder of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature to the person named below as alternate beneficiary:
Name:____________________________________________
Relationship:_______________________________________
Address:__________________________________________
* If you appoint en executor who is not a beneficiary of your estate, it is reasonable to compensate such an executor for his / her services. Discuss and negotiate the fee with your chosen executor and alternate and consider adding the following to your free legal will form:
3.8. My Executors shall be entitled to compensation at a rate of _____% (________________per cent) of the total value of my estate but in any event in an amount not less than $_______ (________________dollars).
EXAMPLE #2
WILL OF [Full Name of Person Making the Will]
I, [Full Name of Person Making the Will], a resident of [City, State], hereby make this Will and revoke all prior Wills and Codicils.
1. PERSONAL INFORMATION:
a. I was born on [Date of Birth] in [Place of Birth]
b. I am married to [Name of Spouse], who I will refer to as "my spouse". We were married on [Date of Marriage] in [Place of Marriage]. IF SEPARATED ADD We have been separated since [Date or Year of Separation, and if by court order or agreement, add pursuant to order of the _____ Court on date].
OR IF NEVER MARRIED
b. I am not married and I have never been married.
OR, IF PREVIOUSLY MARRIED
b. I am not currently married but I was previously married to [Name of Last Spouse in YEAR OF MARRIAGE ] and the marriage ended by [STATE WHICH Death, Divorce, or Annulment] in [Year].
c. I have ____ NUMBER OR WORD "NO" living children. IF YOU DO HAVE LIVING CHILDREN LIST NAMES AND BIRTH DATES OF ALL CHILDREN, NATURAL OR ADOPTED. IF ANY OF YOUR CHILDREN HAVE DIED AND THEY LEFT A CHILD GIVE THE NAME OF DECEASED CHILD AND THE AND NAME OF EACH OF HI S OR HER LIVING CHILDREN
d. In the event am the sole surviving parent of minor children, then I appoint _________________ to serve as their Guardian. If s/he is unable or unwilling to serve, I appoint ____________________ as Alternate Guardian.
2. BENEFICIARIES: I give my property to the following persons:
All to my spouse.
or
One-half (or other percentage) to my spouse and the balance to ____________
or
One-third (or other percentage) to my spouse and the balance to my children, equally and their issue, per stirpes
or
All to my children, equally, and their issue, per stirpes.
or
To NAME BENEFICARY(IES) AND PERCENTAGES
If any beneficiary under this Will does not survive me by 30 days, then I shall be deemed to have survived such person.
3. PERSONAL REPRESENTATIVE OR EXECUTOR: I appoint ________________ as Executor of my Will, and if s/he is unable or unwilling to serve, then I name _________________ as alternate Executor. My Executor and alternate shall have all powers granted by applicable laws of my state to carry out all provisions of this Will, may use provisions and procedures for the simplified handling of estates, may hold in trust the share of any minor beneficiary until s/he reaches age 18, and shall not be required to post a bond.
I, _________________ [Your Printed Name], hereby sign this Will at _______ [City and State] on this ______ day of ______________, 200_
_________________ [signature ]
_________________ [Your Typed Name]
WITNESSES
GET THREE PEOPLE, WHO ARE ALL THERE AT THE SAME TIME TO SEE YOU SIGN THE WILL, TO IMMEDIATELY SIGN THIS ATTESTATION. A WILL THAT IS NOT PROPERLY WITNESSED IS NOT VALID!
Each of us hereby states, under penalties of perjury, that on this _____ day of __________, 200_, at _______________________________________[Name of City, State] we observed ________________________ [Full Name of Person Making the Will] who we know or who otherwise proved his/her identity to us, declare the above document to be his/her Will. S/he then asked us to serve as his/her witnesses and then signed the document in our presence. S/he appeared to be an adult, of sound mind and memory, and acting of his/her own free will, and not under any force or duress. We are now, immediately after s/he signed the Will, signing our names in his/her presence.
_________________ [Signature of Witness #1]
_________________ [Printed name of Witness #1]
_________________ [Address of Witness #1]
_________________ [Signature of Witness #2]
_________________ [Printed name of Witness #2]
_________________ [Address of Witness #2]
_________________ [Signature of Witness #3]
_________________ [Printed name of Witness #3]
_________________ [Address of Witness #3]