Wills
Last Will and Testament Template
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Last Will and Testament Template

By 

Jennifer Mcgee

Head of Legal at TrulyWill

A Last Will and Testament, commonly referred to as “Will” or “Last Will” is an important legally binding document of Estate Planning which includes how a person's assets, including real estate, personal property, bank accounts and investments, are distributed after the person dies. 

TABLE OF CONTENTS:

Why is having a Will Important?

  • Having a Will helps people to live a stress-free life where they are assured that their loved ones will be protected after their death.  With the help of a Will, people make sure that their hard-earned estate is secured.
  •  Will enable you to designate a Guardian for your minor children to look after them. This includes food, shelter, education and medical care. Guardianship of a minor terminates when the minor attains the age of 18 years. 

This Free Last Will and Testament Template from Turlywill will give you an insight on how to make your own Will. 

CREATE A LAST WILL AND TESTAMENT: BY STATE

ALABAMA

ALASKA

ARIZONA

ARKANSAS

CALIFORNIA

COLORADO

CONNECTICUT

DELAWARE

FLORIDA

GEORGIA

HAWAII

IDAHO

ILLINOIS

INDIANA

IOWA

KANSAS

KENTUCKY

LOUISIANA

MAINE

MARYLAND

MASSACHUSETTS

MICHIGAN

MINNESOTA

MISSISSIPPI

MISSOURI

MONTANA

NEBRASKA

NEVADA

NEW HAMPSHIRE

NEW JERSEY

NEW MEXICO

NEW YORK

NORTH CAROLINA

NORTH DAKOTA

OHIO

OKLAHOMA

OREGON

PENNSYLVANIA

RHODE ISLAND

SOUTH CAROLINA

SOUTH DAKOTA

TENNESSEE

TEXAS

UTAH

VERMONT

VIRGINIA

WASHINGTON

WASHINGTON D.C.

WEST VIRGINIA

WISCONSIN

WYOMING

 


Essential Ingredients of a Valid Will:

  1. Personal Data of the Testator- The person who writes the Will is known as Testator. He/she is required to write his full name and the state in which he/she resides.

LAST WILL AND TESTAMENT

OF

……………………………….

                            

I, ………………………….., do make, publish, and declare this to be my Last Will and Testament, hereby revoking and annulling all wills and codicils heretofore made by me.

  1. Debts and Taxes- Details regarding how the funeral expenses and other expenditures would be paid after the testator's death.                                                                                                   

                                         


                                                                     ITEM II


I direct that my funeral and burial be conducted in accordance with my agreement with [name of funeral home], located at [address of funeral home]. My Executor is directed to take all actions necessary to comply with this agreement.


I direct that [instructions for burial/cremation (e.g., my body be buried in the family plot)]. [OPTIONAL: I further direct that arrangements for my funeral be made and carried out according to the custom and ceremony of [identification of religious or other denomination] / that my funeral include a non-religious memorial service].]

ITEM III


All estate, inheritance, legacy, succession, generation-skipping or other wealth transfer taxes (other than any generation-skipping transfer tax imposed by Internal Revenue Code Section 2601 et seq.) that result from my death and that are imposed by any domestic or foreign taxing authority as a result of my death, but only to the extent imposed upon property passing under my Will, together with interest and penalties on those taxes, shall be charged against and paid without apportionment out of my Residuary Estate as an administration expense. Such taxes on property not passing under this Will shall be apportioned to and paid from such property by those succeeding to such property, taking into account the provisions of any instrument governing such property, the provisions of the Internal Revenue Code and any provisions of other applicable law apportioning such taxes.

 

  1. Beneficiaries-  The names of Individuals who will receive the estate.

I declare that I am not married. I have no children living or other lineal descendants/ I have two (2) children.  My children are Child 1, born December 1, 2000 and Child  2 born February 2, 2015.


Not for lack of love and affection, I specifically, intentionally and with full knowledge fail to provide for Child 1 in this Will.  This declaration is intentional and not made by inadvertence or mistake.




  1. Powers of Executors and Trustees- Name of Individual as an Executor who will manage the Will as per testator's wish and a Trustee if a trust has been created and mention their powers in executing your Will.

I hereby nominate, constitute and appoint ______________________ as Personal Representative of this my Last Will and Testament. If __________________ shall fail to survive me, then I hereby nominate, constitute and appoint ______________________ as Personal Representative of this my Last Will and Testament.


I direct that no Personal Representative or any successor or substitute Personal Representative, whether named herein or otherwise designated or appointed, shall be required to give any bond or security for the faithful performance of the duties as such Personal Representative.


If my Personal Representative shall, in good faith, decide that there is uncertainty as to the inclusion of particular property in my gross estate for federal estate tax purposes, my Personal Representative shall exclude such property from my gross estate tax return.  


If any beneficiary of my estate, or of a trust created hereunder, in any manner, directly or indirectly, contests the probate and validity of this Will, or any of its provisions, either by initiating or joining, except as a party defendant, any such action seeking to prevent any provision hereof from being carried out in accordance with the terms hereon, regardless of whether or not such proceedings are instituted in good faith or with just cause, then all such benefits or gifts made to such contesting beneficiary and such contesting beneficiary’s descendants are revoked and shall pass as if that contesting beneficiary and such contesting beneficiaries descendants all failed to survive me. E

  1. Guardian for minor children- Name of a person who will look after the minor children after the death of the testator. This includes food, shelter, education, and medical care. Guardianship of a minor terminates when the minor attains the age of 18 years. 

Guardian of the Person of Minor Children. 

I appoint [name of guardian], as Guardian of the person of each minor child of mine. If [name of guardian] fails to qualify or cease to act for any reason, I appoint [name of successor guardian] as successor Guardian in [his/her] place.

 

  1. Assets - List of all the assets owned by the testator which is going to be divided among the beneficiaries.                                   

                                                                                 

                                                                             ITEM V


I may leave a written statement or list disposing of certain items of my tangible personal property not otherwise disposed of by this Will.  Any such statement or list in existence at the time of my death shall be determinative with respect to all items devised therein.  

              

                                                                    ITEM VI


If the property is part of my estate at the time of my death, I give Gold Watch to Son, Child  2, if such beneficiary survives me, but if such beneficiary does not survive me, this gift shall lapse.


ITEM VII

All household goods, silverware, equipment, appliances, furniture and furnishings, clothing, jewelry, personal effects, automobiles, and all other tangible personal property not otherwise specifically devised hereunder or pursuant to Item III hereunder, owned by me at the time of my death, I devise to _________________________, or in default thereof, this gift shall lapse.  For purposes hereof, cash, coins or currency shall be deemed intangible personal property.


ITEM VIII 


I give the right, title, and interest that I may have at the time of my death in the real property that is located in City, County, and more fully described as follows: 123 Main Street, City, State, Zip to Child Doe 2.


ITEM IX


I give the amount of $10,000.00 to Child 2 if such beneficiary survives me. If such beneficiary does not survive me, then this gift shall lapse.

                                                           


ITEM X


If my spouse and I shall die under circumstances that there is not sufficient evidence to determine the order of our deaths, then it shall be presumed that I survived my spouse and my estate shall be administered and distributed, in all respects, in accordance with this presumption.


ITEM XI

If, at any time, no person designated in this Will (including any trust established herein) to receive any portion of my estate is living, so that the disposition of any portion of my estate is not provided for by this Will, such property shall be distributed to the persons to whom and in the shares and proportions in which my estate would have been distributed under the laws of the State of ______ in effect at the time such disposition is made had I then died intestate and possessed of such property.


    

  1. Testator’s signature- A testator of sound mind and above 18 years of age must sign the Will.


This instrument, consisting of four (4) pages was signed, sealed, declared, published and acknowledged by ………………… as his Last Will and Testament, in the presence of us, the undersigned, who, at his special instance and request, do attest as witnesses, after said testator had signed his name thereto, in his presence and in the presence of each other, this ____ day of ______________________, 2021.


  

                                ______________________________

                             Witness:                                                Residing at:    

             


                                                                                    ______________________________                             Witness:     

                        Residing at:    




(32)

STATE OF 


COUNTY OF 

  1. Witnesses Signature Requirements-  For a valid Will, most states require 2 disinterested witnesses except Louisiana and Colorado.

Louisiana requires 2 disinterested witnesses along with a notary public. 

  • Disinterested Witness - A person who has no interest in the subject matter of the Will
  • Self-Proving Affidavit- This is Optional. It is recommended to attach this for the witnesses to swear on oath that they were present when the testator signed the Will. It increases the validity and credibility of the Will.

   

We,......................., Witness 1, and Witness 2, the testator, and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, were sworn and declared to the undersigned officer that the testator signed the instrument as his last will, that he signed, and that each of the witnesses, in the presence of the testator and in the presence of each other, signed the will as a witness.



______________________________

………………, Testator



______________________________ Print Name, Witness



______________________________

Print Name, Witness

 



The foregoing instrument was sworn to, subscribed and acknowledged before me this ___ day of _________________________, by………………., the testator, Witness 1, and Witness 2, the witnesses, (    ) who are all personally known to me or (   ) who have produced ____________________ (____________ Driver License) as identification.


______________________________________

  Notary Public, State of 




    

 

How to create a Will Online?

Creating a Will on your own might be difficult as you do not know what has to be included in it.  You might be delaying it as you do not have the time to visit the attorneys and get it done. Do not Worry. You can create it online also.

With Trulywill, you can Create a Will which is comprehensive, state-specific and legally valid.

All you need to do is; follow these 3 simple steps and get your Last Will and Testament made as per your requirement. 

  1. Sign in.
  2. Answer a few simple questions. 
  3. Your Will is ready to download.

                      

Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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Who can make a Will?
Every person who is 18 years old and is of sound mind can make a Valid Will if his consent is free from undue influence and duress.
Can I make changes to my Will once I have signed it?
Yes. There are 2 ways of making changes to your Will. Creating a new Will. You can create a new Will if you have gone through certain changes in your life including marriage, birth, divorce, etc. Making a Codicil. A codicil is an additional or supplementary document given with a Will when you amend, revoke, explain or modify a certain part of your Will.
What does an Executor do?
An Executor is a person who manages your Will after your death. Following are the powers generally vested with the Executors: -Right of Retention -Right to SaleBorrowing -Right to Invest -Appointment of Attorneys -Payment of debts
Is my Will valid if I shift to another state?
Yes, your Will is valid in every state where you move in if your Will was signed properly, followed by the completion of all the formalities required by your former state to make a valid Will. You are not required to create a new Will. 
Can I write my own Will?
YES. No law prohibits you from writing your own Will. But it is difficult to incorporate all the possibilities by yourself. It is advised to take legal assistance to make an effective and legally sound Will because not every state considers a hand-written Will to be valid. 
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