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The Last Will is meant to be kept in a safe place with original copies provided to the beneficiaries and legal counsel. At the option of the testator, they may register the will with the probate court in their county (if applicable). How to Write a Will. Download: Adobe.
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Last Will and Testament forms are documents that dictates how you wish to distribute your property and assets when you die. Surprisingly, most people in American don't have one, and in the unfortunate event of their death their assets could be handed over to the courts to decide how their estate should be distributed.
A Will is a legal document that sets forth the wishes of the person making it (the testator) regarding the distribution of property and the care of minor children , if any, after their death, and is the centrepiece of most estate plans. The Will names one or more executors who have been entrusted with the duty to carry out the wishes of the deceased. It also provides the executor(s) with instructions on how the estate should be distributed.
In most jurisdictions the testator must be at least 18 years old to make a Will. However exceptions may be made for younger people if they are in the military, if they are married or if they have been legally emancipated. In addition the testator must be of ' sound mind ' to make a Will, which means that:
The testator understands he or she is making a Will and knows what a Will is;
The testator understands his or her relationship to those mentioned in the Will; and
The testator understands what types of property he or she owns, how much of that property he or she owns and how he or she intends to distribute that property.
A Will should be reviewed from time to time to ensure that it still meets the needs of the testator and that the property will be distributed according to his or her wishes. It is especially important to review a Will on the following events :
The testator gets married or divorced (a change in marital status may void the previous Will);
The testator is unmarried, but has a new partner ;
There is a significant change in the amount of money and property the testator owns;
The executor or a significant beneficiary in the Will dies;
There is a birth or adoption of a child in the testator's family;
The testator changes his or her mind about the provisions in his or her Will.
How to use this document
In order to be valid, a Will does not need to adhere to any specific form, or feature certain language. However, the document must disclose the intention of the testator in making dispositions of his or her property to come into effect at death.
A typical Will usually provides that all debts of the estate including taxes should be paid first (although they are payable anyway). It names one or more Executors, who will be responsible for administering the estate, and then set out the powers of the Executor(s) in administering the estate. It may provide for their compensation or it may be silent, in which case compensation is governed by the common law. A Will then sets out any specific gifts of property or money that are to be made. Whatever is left after all of the specific gifts have been given and all debts have been paid is called the residue of the estate . A Will should contain a residue clause specifying how the residue should be distributed. The residue is often the largest part of an estate, but its value will depend on the assets and debts of the testator at the time of his or her death and cannot be determined at the time the Will is made. The larger the specific gifts or debts, the smaller the residue.
For a Will to be formally valid it must be signed by the testator and two witnesses at the same time in the presence of each other . The witnesses must not benefit under the Will. This is the typical method for most Wills.
Applicable Laws
In Canada, inheritance law is constitutionally a provincial matter. Therefore, the laws governing inheritance in Canada are legislated by each province and territory.
Alberta: Wills and Succession Act (RSA 2010, Chapter W-12.2)
British Columbia: Will, Estates and Succession Act (RSBC, c 13)
Manitoba: The Wills Act (CCSM, c W150)
Northwest Territories: Wills Act (RSNWT 1988, c W-5)
Nunavut: Wills Act (RSNWT 1988, c W-5)
Ontario: Succession Reform Act (SO 2000, c 41)
New Brunswick: Wills Act (RSNB 1973, c W-2)
Saskatchewan: Wills and Succession Act (SA 2010, W-12.2)
Yukon: Wills Act (RSY 2002, c 230)
Nova Scotia: Intestate Succession Act (RS, c 236)
Newfoundland and Labrador: Intestate Succession Act (RSNL 1990, c I-21)
Prince Edward Island: Probate Act (RSPEI 1988, c P-21)
How to modify the template
You fill out a form. The document is created before your eyes as you respond to the questions.
At the end, you receive it in Word and PDF formats. You can modify it and reuse it. Vampire: the masquerade - coteries of new york download free version .
Our free last will and testament form can assist you
in compiling a document or to structure a brief for your attorney.
You also need to familiarize yourself or get legal advice regarding estate law in your jurisdiction. We've compiled some guidelines covering aspects such as probate, choosing an executor and the legal requirements for your Last Will and Testament.
The free legal will form supplied on this page may be suitable for married people with adult children .
However, we have a wide variety of templates available that may be better suited for your particular circumstance.
As you peruse the templates, you'll find a variety of clauses on the last will samples provided, some of which you may want to incorporate in your document.
Important Note: Please refer to our main page: How to Write a Will for more information and links to more free will forms. Before you rush off to create your Last Will and Testament..
You may want to bequeath assets to an adult child who is insolvent and you would want to protect the inheritance from creditors until your child is a rehabilitated insolvent.
Or your child may be going through a divorce or is being adversely influenced by a third party.
Or you have a child serving a prison term or you need to make provision for a child with an intellectual or physical disability.
Etc.
If your aim is to protect your loved ones and their inheritance then you should consider creating a Testamentary Trust Will. (Follow the link to get detailed information and sample wording.)
LAST WILL AND TESTAMENT of
____________________________________
(Full Legal Names)
____________________________________
(Identification / Social Security Number/s)
____________________________________
____________________________________
(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. Family Details
I am married to _____________________________ hereinafter referred to as my spouse.
I have the following children:
Name: ______________________ Date of Birth _________
Name: ______________________ Date of Birth _________
Name: ______________________ Date of Birth _________
3. Appointment of Executors
3.1. I hereby nominate, constitute and appoint _________________________ as Executor or if this Executor is unable or unwilling to serve then I appoint _______________________ as alternate Executor.
3.2. I hereby give and grant the Executor all powers and authority as are required or allowed in law, and especially that of assumption.
3.3. I hereby direct that my Executors shall not be required to furnish security and shall serve without any bond.
3.4. 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.
3.5. 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.
3.6. Similo myths . 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.
3.7. 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.
4. Beneficiary
I bequeath the whole of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature to my spouse ________________________.
5. Alternate Beneficiaries
5.1. Should my spouse not survive me by thirty (30) days I direct that the whole of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature be divided amongst my children named in 2. above in equal shares.
5.2. I direct that the inheritance devolving upon any of my children under my last will and testament as well as the proceeds, the reinvestment of such proceeds and the income thereon shall be free from the legal effects of any present or future marriage of any of my children, whether in or out of community of property including any accrual system and with or without the presence of any pre-marital agreement.
5.3. If any of my children 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.
5.4. Should any of my children not survive me and my spouse by 30 (thirty) days I direct that the whole of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature be divided in equal shares between my remaining surviving children.
6. 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.
7. General
7.1. Words signifying one gender shall include the others and words signifying the singular shall include the plural and vice versa where appropriate.
7.2. 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.
Signed on this _________________ day of _________________20_____
at this location _______________________________________ 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 ____________________, the creator of this will, 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 then signed as witnesses in his / her presence and in the presence of each other witness, 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 this location ________________________________.
Witness 1.
Name: ________________________________________
Address: ________________________________________
Signature: ________________________________________
Witness 2.
Name:________________________________________
Address: ________________________________________
Signature: ________________________________________
* * *
Alternate / additional clauses that you can use in this
free Will and Testament template: Free Last Will Downloads
4. Beneficiary
I bequeath the whole of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature to my spouse and children named in 2. above in equal shares.
5.4. Should any of my children not survive me and my spouse by 30 (thirty) days I direct that the non-surviving child's share goes to his / her natural, adopted or step children in equal shares.
5.5. If my children cannot reach agreement within one year of this will coming into effect on how to divide the property bequeathed to them, the Executor shall liquidate all the property and divide the proceeds according to the shares as directed by me.
You may want to make bequests to other persons or organizations not listed in our sample last will and testament. Have a look at one of our other forms (for a will without children) for sample wording.
Quite often married persons will appoint one another or an adult child as executor of a will. You could also appoint more than one child and direct that decisions can be made jointly and severally or must be made jointly only. Note though, decisions made jointly are not always the most expedient way to go.
Note: What Will You Do with Your Online Accounts?
Do you have digital accounts such as Facebook, Instagram, eMail, Twitter etc? You may want to leave instructions on how to securely close these accounts but you do not want the details to become public knowledge as part of your Will.
You can however make reference to the existence of a Social Media Will in your Last Will and Testament - we'll show you how.
Visit our EndExec page to register your email address and get advance notice when we launch our APP!
The index at Free Legal Forms provides an easy reference for all our pages that can assist you with a living will, power of attorney and more. Disinheriting a Child or a Spouse
There are many and varied reasons why a testator may want to leave an adult child or spouse out of a will:
An antenuptial contract may make financial provision for a spouse
One adult child may be well-off and the estate assets may only be adequate to provide for another disabled child
There may be parents or siblings who are financially dependent on the testator or who are part of his household
etc.
You need to know what your moral and legal obligations are to make provision for your children and/or spouse in your will.
Review our guidelines on Disinheritance and Contesting a Will and adding a no-contest clause to see what your options are.
Our free last will and testament is provided for informational purposes only. Professional advice should be sought to draft a will and to assist with estate planning, especially in the case of large estates. Last Will Template Download
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