Will that supplements a Living Trust for California.
Last Will and Testament
I, Full Name, being of legal age, of sound and disposing mind and memory, and not acting under duress, menace, fraud, misrepresentation, or undue influence, hereby declare this to be my Last Will and Testament. I hereby revoke all my prior Wills and Codicils.
A. All of my current due debts and the expenses of my last illness and funeral shall be paid as soon as conveniently possible by my Personal Representative or by my Trustee.
B. All estate and inheritance taxes payable by reason of my death, in respect of all items included in the computation of such taxes, whether passing under this Will or otherwise, shall be paid by my Personal Representative or Trustee as if such taxes were my debts, without recovery of any part of such tax payments from anyone who receives any item included in such computation.
A. The residue of the property owned by me at my death, real and personal and wherever situate, I devise and bequeath to the Trustees appointed under The Full Name Trust, signed by myself as Grantor and dated the ______ day of __________________, _______. I direct that the remainder of my residuary estate shall be held, administered, and distributed as a part of that Trust according to the terms of that Trust and any amendments made to it prior to my death. It is my intention not to create a separate Trust by this Will, nor to subject the above Trust nor the property added by this Will to the jurisdiction of the probate court.
B. If, in any jurisdiction, property may not pass by way of or through the before-mentioned Trust, then all of the provisions of the Trust are specifically made a part of this Will by reference, and the Personal Representative will assume and perform all of the duties of the Trustee.
My Personal Representative is to act without bond and to the maximum amount possible without court supervision or control so that the Estate can be settled as much as possible as a non-intervention proceeding. I nominate and appoint the following people in the following order of priority as my Personal Representative until one such person qualifies and accepts to act as my Personal Representative:
- Personal Representative #1
- Personal Representative #2
I grant to my Personal Representative full power to do everything necessary in administering my Estate (including avoiding the probate thereof) that said Personal Representative deems to be for the best interest of my beneficiaries.
If any devisee, legatee, or beneficiary under this Will or the Trust referred to above shall, directly or indirectly, contest this Will or said Trust or any of their respective parts or provisions, any share or interest given to that person shall be revoked and augment proportionately the share of such of the devisees, legatees, and beneficiaries as shall not have joined or participated in said contest, provided that there was no probable cause for such contest.
I purposely make no substantial provision in this Will for my children now living, or any born or adopted hereafter, for the reason that adequate provision is made for them in said Trust Agreement referred to above.
If any portion of this Will shall be determined to be unenforceable, the remaining portions shall, nevertheless, be carried into effect.
My Personal Representative or Trustee may file any federal or state income tax returns for any year for which I have not filed such returns prior to my death and may pay such ratable share of any tax due thereon as my Personal Representative or Trustee deems proper.
At any time that I have a serious illness or operation, I request that my Personal Representative and Trustee call the law office of my attorney, ______________________, to obtain instructions in case I should die. If my death makes this prior conversation impossible, then I request that my Personal Representative and Trustee call said attorney as soon after my death as is possible.
This Will has been prepared in duplicate, each copy of which has been executed as an original. One of these executed copies is in my possession and the other is deposited for safekeeping in the law office of my attorney. Either of these Wills is to be considered as the original. If only one copy of this Will can be found, then it shall be considered as the original, and the missing copy will be presumed inadvertently lost. Any clarifications or instructions concerning this Will may be obtained by calling the above-mentioned attorneys, who are requested to do everything necessary to implement the provisions of this Will.
IN WITNESS WHEREOF, I have signed and sealed this Will, consisting of four (4) pages (including notarization), on this _____ day of _______________, _______,and being first duly sworn, do hereby declare to the Undersigned authority that I sign and execute this instrument as my Last Will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes expressed in it, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.
We, Witness #1 and Witness #2 the witnesses, sign our names in this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testatrix signs and executes this instrument as Testatrix' es Last Will and that said testatrix signs it willingly (or willingly directs another to sign) and that testatrix executes it as testatrix' es free and voluntary action for the purposes herein expressed; and that each of us, in the presence and hearing of the testatrix and of each other, hereby signs this Will as witness to the testatrix's signing, and that to the best of our knowledge the testatrix is 21 years of age or older, of sound mind, and under no constraint or undue influence.
Witness #1 Address
Witness #2 Address
STATE OF State
COUNTY OF County
On the ______ day of _____________, _______, personally appeared before me, name of notary public, the signer of the within instrument, who duly acknowledged to me that (s)he executed the same.
My commission expires: