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Will - Simple Form
WILL (Simple Form)
LAST WILL AND TESTAMENT OF:_______________________
I, ______________________, a resident of
__________________ County, declare that this is my will.
FIRST:
I revoke all Wills and Codicils that I have previously
made.
SECOND:
I am not currently married. I have no children now
living, nor have I any deceased
children who died and left issue.
THIRD:
I give all my jewelry, clothing, household furniture and
furnishings, personal automobiles and other tangible articles of
a personal nature, or my interest in any such property not
otherwise disposed of by this will or in any other manner
together with any insurance on the property, to _________________
who presently resides at _____________________, _________________
if he or she survives me by thirty (30) days, and if he or she
does not so survive me, then I give said property to
____________, who presently resides at ________________, and if
she or he does not survive me by thirty (30) days, then to
______________________ who presently resides at
_________________, otherwise to pass with the residency of my
estate.
FOURTH:
I give the residue of my estate as follows:
1. To ______________________ who presently resides at
__________________ should he or she survive me by thirty (30)
days. <share and share alike>
2. If __________________ who presently resides at
________________________, does not survive me by thirty (30)
days, I give his or her interest to _________________ who
presently resides at ___________________, and if she does not
survive me by thirty (30) days, then to ____________________ who
presently resides at ______________________ should he or she
survive me by thirty (30) days, and if he or she should not so
survive me, then I give the rest and residue of my estate to
those persons who would have taken said property under the
interstate laws of the state of ____________________. <Repeat if
necessary>
FIFTH:
I nominate _____________________ who shall be represented
by __________________ as Executor of this Will, to serve without
bond. If he or she shall for any reason fail to qualify as
Executor, I nominate ___________________________ who shall be
represented by ________________ as Executor to serve without
bond. The term "my Executor" as used in this Will shall include
any personal representative of my estate.
I authorize my Executor to sell, with or without notice,
at either public or private sale, and to lease any property
belonging to my estate, subject only to such confirmation of
court as may be required by law.
I authorize my Executor to invest and reinvest any
surplus money in the Executor's hands in every kind of property,
real, personal, or mixed and every kind of investment,
specifically including but not limited to interest bearing
accounts, corporate obligations of every kind, preferred or
common stocks, shares of investment trusts, investment companies,
mutual funds, or common trust funds, including funds administered
by the Executor, and mortgage participations, that men of
prudence, discretion, and intelligence acquire for their own
account.
SIXTH:
I direct that all inheritance, estate, or other death
taxes (excluding any additional tax imposed under Internal
Revenue Code Section 2032A or any generation skipping transfer
tax) that may be reason of my death, be attributable to my
probate estate or any portion of it, or to any property or
transfers of property outside my probate estate, shall be paid by
my Executor out of the residue of my estate disposed of by this
Will, without adjustment among the residuary beneficiaries, and
shall not be charged against or collected from any beneficiary of
my probate estate, or from any transferee or beneficiary of any
property outside my probate estate.
SEVENTH:
If any beneficiary under this Will in any manner,
directly or indirectly, contests or attacks this Will or any of
its provisions, any share or interest in my estate given to the
contesting beneficiary under this Will is revoked and shall be
disposed of in the same manner provided herein as if that
contesting beneficiary had predeceased me without issue.
I subscribe my name to this Will on _________,19__, at
__________________________.
________________________________
On the date written below, ________________________
declared to us, the undersigned, that this instrument, consisting
of these few pages including the page signed by us as witnesses,
was his or her Will and requested us to act as witnesses to it.
He or she thereupon signed this Will in our presence, all of us
being present at the same time. We now, at his or her request,
in his or her presence and in the presence of each other,
subscribe our names as witnesses.
Each states that the testator is not a minor and appears
to be of sound mind and that we have no knowledge or any facts
indicating that the foregoing instrument, or any part of it, was
procured by duress, menace, fraud or undue influence.
We, each of himself or herself, declare that each of us
is over the age of majority, and that each of us is, and the
others appear to be of sound mind.
We, each for himself or herself, declare under penalty of
perjury that the foregoing is true and correct and that this
attestation and this declaration are executed on the __________
day of ____________, 19__ at ________________,
_______________________.
____________________________ residing at _____________________
____________________________ residing at ______________________
___________________________ residing at _______________________
Form 608
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