Basic Will Form printable pdf download

Basic Will Form

The form below is a very basic one. Chances are you will need something more comprehensive. provides

much more professional forms.

Last Will and Testament of _________________________

I, ____________________________, of ____________________________________ (Address), do hereby make, publish and declare

this to be my Last Will and Testament, hereby expressly revoking all wills and codicils heretofore made by me.

ARTICLE I

I direct my Executor to pay my judicially enforceable debts, funeral expenses and the administrative expenses of my estate as soon

after my death as practicable. Further, I direct that all estate and inheritance taxes and other taxes in the general nature thereof

(together with any interest or penalty thereon), which shall become payable upon or by reason of my death with respect to any

property passing by or under the terms of this Will or any codicil to it hereafter executed by me, or with respect to the proceeds of any

life insurance policy or policies, or with respect to any other property (including property over which I have a taxable power of

appointment) included in my gross estate for the purpose of such taxes, shall be paid by my Executor out of the principal of my

residuary estate, and I direct that no part of any such taxes be charged against or collected from the person receiving or in possession

of the property taxed, or receiving the benefit thereof, it being my intention that all such persons, legatees, devisees, surviving tenant

by the entirety, appointees and beneficiaries receive full benefits without any diminution on account of such taxes.

ARTICLE II

I do give and bequeath to my _________________ (Spouse), ______________________(Name), all my personal effects and all my

tangible personal property, including automobiles owned by me and held for my personal use at the time of my death, but excluding

cash on hand in bank accounts in my own name, or securities, choses in action or other intangibles.

In the event my ___________________ (Spouse) shall not survive me, then I give and bequeath all such tangible personal property to

my surviving children, to be divided among them as they may agree. If any dispute shall arise among my children regarding the

division of such property, my Executor shall have the power to make a final and binding determination as to the distribution of such

property.

ARTICLE III

If my _________________ (Spouse), ___________________________________(Name), shall survive me, I give, devise and bequeath

to my ___________ (Spouse) cash, securities or other property of my estate (undiminished by any estate, inheritance, succession,

death or similar taxes) having a value equal to the maximum marital deduction as finally determined in my federal estate tax

proceedings, less the aggregate amount of marital deductions, if any, allowed for such tax purposes by reason of property or interests

in property passing or which have passed to my ______________________ (Spouse) otherwise than pursuant to the provisions of this

Article; provided, however, the amount of this bequest shall be reduced by the amount, if any, needed to increase my taxable estate

(for federal estate tax purposes) to the largest amount that, after allowing for the unified credit against the federal estate tax, and the

state death tax credit against such tax (but only to the extent that the use of such state death tax credit does not increase the death

tax payable to any state), will not result in a federal estate tax being imposed on my estate. The term "maximum marital deduction"

shall not be construed as a direction by me to exercise any election respecting the deduction of estate administration expenses, the

determination of the estate tax valuation date, or any other tax election which may be available under any tax laws, only in such

manner as will result in a larger allowable estate tax marital deduction than if the contrary election had been made. My

_________________ (Spouse) shall have the sole discretion to select the assets which shall constitute this bequest. In no event,

however, shall there be included in this bequest any asset or the proceeds of any asset which will not qualify for the federal estate tax

marital deduction, and this bequest shall be reduced to the extent that it cannot be created with such qualifying assets. My Executor

shall value any assets selected by my ______________ (Spouse) for distribution in kind as a part of this bequest at the value of such

asset at the date of distribution of such asset.

ARTICLE IV

All the rest of the property which I may own at the time of my death, real or personal, tangible and intangible, of whatsoever nature

and where ever situated, including all property which I may acquire or become entitled to after the execution of this Will, including all

lapsed legacies and devises, or other gifts made by this Will which fail for any reason (but excluding any property over or concerning

which I may have any power of appointment), I bequeath and devise to my Trustee hereinafter named for the following uses and

purposes and upon the following terms and conditions:

1. Commencing with the date of my death, my Trustee shall pay to or apply for the benefit of my ___________________ (Spouse)

during __________ (his/her) lifetime, all the net income from the trust in convenient installments but no less frequently than quarterly.

Basic Will Form

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