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Sample Filled-In Will Model form
for simple will.
SAMPLE WILL
This sample will is
included for illustrative purposes only. It would not necessarily be valid
in all states.
LAST WILL OF
Robert Brown, Jr.
I, Robert Brown, Jr., of
Sagebrush, Wyoming, do make, publish and declare this my last Will, hereby
revoking all former wills and codicils.
ARTICLE I: FAMILY
I am the husband of Ellen L.
Brown, and the father of three children: Mark A. Brown, Carol Brown, and
Timothy J. Brown.
As used in this Will,
"children" shall mean my children named above and any other
children born to or adopted by me hereafter either before or after my
death.
ARTICLE II: APPOINTMENT
OF FIDUCIARIES
A. Executors. I
nominate my wife, Ellen L. Brown, as Executor of my estate and of this my
last Will. If my wife is unable or unwilling to serve, or to continue to
serve, I nominate Mark A. Brown as my Executor.
B. Waiver of Bond. To
the extent allowed by law, I direct that any of the fiduciaries named
above, or their alternates or successors, shall be entitled to serve
without bond or other undertaking and without reporting or accounting to
any court.
ARTICLE III: PAYMENT OF
DEBTS AND EXPENSES
I direct the payment out of
my estate of all my just debts allowed in the course of administration,
the expenses of my last illness and funeral and the expenses of the
administration of my estate.
ARTICLE IV: HOUSEHOLD
FURNISHINGS AND OTHER PERSONAL PROPERTY
A. If my wife survives me, I
give to my wife, Ellen L. Brown, all my interest in household furniture
and furnishings, books, apparel, art objects, collections, jewelry and
similar personal effects; sporting and recreational equipment; all other
tangible property for personal use; all other like contents of my home and
any vacation property that I may own or reside in on the date of my death;
all animals; any motor vehicles that I may own on the date of my death;
and any unexpired insurance on all such property.
B. If my wife, Ellen L.
Brown, does not survive me, I give the property described in this Article
to my children who survive me, to be divided among them in equal shares.
My Executor shall determine the division, and that determination shall be
conclusive.
ARTICLE V: RESIDUE OF
ESTATE
A. If my wife, Ellen L.
Brown, survives me, I give to my wife all the residue of my estate.
B. If my wife, Ellen L.
Brown, does not survive me, I give the residue of my estate in equal
shares to my three children. My Executor shall determine the division, and
that determination shall be conclusive.
ARTICLE VI: SURVIVORSHIP
If any beneficiary named or
described in this Will dies within four (4) months after my death, all the
provisions in this Will for the benefit of such deceased beneficiary shall
lapse, and this Will shall be construed as though the fact were that he or
she predeceased me.
ARTICLE VII: TAXES
All estate, inheritance,
succession, transfer and other taxes, including any interest and penalties
thereon, (death taxes) that become payable by reason of my death with
respect to property passing under this Will shall be paid out of the
residue of my estate, without reimbursement from the recipients of such
property and without apportionment. All death taxes attributable to
property not passing under this Will shall be apportioned in the manner
provided by law.
ARTICLE VIII: FIDUCIARY
POWERS
A. I give to my Executor
all the powers conferred upon an executor by the laws of Wyoming, whether
or not such powers are exercised in the State of Wyoming.
B. In addition to such
powers, but without limitation thereof, I give to my Executor full power
and authority:
1. Division of Estate. To
make any distribution in cash or in specific property and to cause any
share to be composed of property different in kind from any other share
and to make pro rata or non pro rata distributions, without regard to any
difference in the tax basis of the property and without the requirement of
making any adjustment among the beneficiaries. Any such distributions,
allocations or valuations shall be binding and conclusive on all parties.
2. Tax
Elections/Discretions. My Executor shall have sole discretion to: (1)
claim deductions available to me or to my estate on estate tax returns or
on state or federal income tax returns; (2) use date-of-death values or
alternate valuation date values for estate tax purposes; and (3) make any
other election or decision available under any federal or state tax laws.
Any such election or decision may be made regardless of the effect thereof
on any beneficiary or on any interest passing under this Will or
otherwise, and without adjustment between income and principal or among
beneficiaries.
3. Distributions to
Minors. To distribute any interest in my estate to which a minor
beneficiary is entitled to the individual selected by my Executor as
Custodian under the Wyoming Uniform Transfers to Minors Act or under any
other comparable law of the state where the minor beneficiary is
domiciled.
ARTICLE IX: MISCELLANEOUS
A. Table of Contents,
Titles, Captions. The table of contents, titles and captions used in
this instrument are for convenience of reference only and shall not be
construed to have any legal effect.
B. Statutory
References. All statutory references in this instrument shall be
construed to refer to that statutory section mentioned, related successor
sections and corresponding provisions of any subsequent law, including all
amendments.
IN WITNESS WHEREOF, I have
signed this my last will this ___ day of _______, 200_.
____________________________________________
Robert Brown, Jr.
Social Security No.
078-00-0000
Residing at __________,
Wyoming
County of Jackson
We, the undersigned, being
sworn, each say:
We are the attesting
witnesses to the Will executed by Robert Brown, Jr., dated _________,
200_, consisting of five typewritten pages, including this page. The Will
was executed in our presence and in the presence of the testator who
declared the instrument to be his Will and requested us to sign our names
as witnesses, which we did. To the best of our knowledge and belief, at
the time of executing the Will the testator was of legal age, of sound
mind, and not acting under any restraint, undue influence, duress or
fraudulent misrepresentation.
____________________________________________
Witness #1 signature/print
name/date
____________________________________________
Witness #2 signature/print
name/date
SUBSCRIBED AND SWORN to by
each of the affiants above named on this ___ day of ______, 200_.
____________________________________________
Notary Public for Wyoming
My Commission expires:
___________________
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