THE

LAST WILL AND TESTAMENT

OF
John Doe

DECLARATION

E
I, John Doe, a resident of the state of [STATE] and county of [COUNTY];
and being of sound mind and memory, do hereby make, publish, and declare
this to be my last will and testament, thereby revoking and making null and void
any and all other last will and testaments and/or codicils to last will and

PL
testaments heretofore made by me. All references herein to “this Will” refer only
to this last will and testament.

FAMILY

[This section varies depending on your marital and parental status:]

M
At the time of executing this Will, I am married to Jane Doe. The names of
my children are listed below. Unless otherwise specifically indicated in this Will,
any provision for my children includes the below-named children, as well as any
child of mine hereafter born or adopted.
SA

Ann Doe
Charles Doe
Henry Doe

I specifically, intentionally and with full knowledge fail to provide for

Henry Doe in this Will.

DEBT

I direct that as soon as is practical after my death, the executor named

pursuant to this Will review all of my just debts and obligations, including last
illness and funeral expenses, except for those secured long-term debts that may
be assumed by the beneficiary of such property, unless such assumption is
prohibited by law or on agreement by the beneficiary. The executor is further

Page 1 of my Last Will and Testament _____ (initial)

DOC#############
directed to pay any attorneys’ fees and any other estate administration expenses.
The executor shall pay these just debts only after a creditor provides timely and
sufficient evidence to support its claim and in accordance with applicable state
law.
I direct that any estate, inheritance, and succession taxes, including any
interest and penalties thereon, imposed by the federal government or any state,
district, or territory, attributable to assets includible in my estate, passing either
under or outside of this Will, be apportioned among the persons interested in my
estate in accordance with applicable state and federal law. My executor is
authorized and directed to seek reimbursement from the beneficiaries of my

E
estate of any taxes paid by my executor to the extent allowed by law.

If my executor cannot collect from any person interested in the estate the
amount of tax apportioned to that person, the amount not recoverable will be

PL
equitably apportioned among the other persons interested in the estate who are
subject to apportionment.

If a person is charged with or required to pay tax in an amount greater

than his or her prorated amount because another person does not pay his or her
prorated amount, the person charged with or required to pay the greater amount
has a right of reimbursement against the other person.
M
I further direct that if any beneficiary named in this Will is indebted to me
at the time of my death, and evidence of such indebtedness is provided or made
available to my executor, that share of my estate that I give to any and each such
beneficiary be reduced in value by an amount equal to the proven indebtedness
of such beneficiary unless: (i) I have specifically provided in this Will for the
SA

forbearance of such debt, or (ii) such beneficiary is the sole principal beneficiary.

SPECIFIC BEQUESTS

[This section will appear if you elect to provide for specific bequests:]

(a) I give to the persons named below the following specific bequests,
if owned by me at the time of my death:

1. To my daughter, Ann Doe,

I give: My art collection.

If said beneficiary does not survive me, this specific bequest will be
distributed to: Charles Doe. If said alternate beneficiary does not survive

Page 2 of my Last Will and Testament _____ (initial)

 me, this specific bequest will lapse, be added to the residue of my estate,
and be distributed to my remainder beneficiaries as set forth below.

[This section will appear if you elect to provide for digital specific bequests:]

(b) I give to the persons named below the following digital specific
bequests, if owned by me at the time of my death:

1. To my daughter, Ann Doe,

I give: My digital family photo collection stored in my home computer.

E
If said beneficiary does not survive me, this specific bequest will be
distributed to: Charles Doe. If said alternate beneficiary does not survive
me, this specific bequest will lapse, be added to the residue of my estate,

PL
and be distributed to my remainder beneficiaries as set forth below.

SPECIFIC BEQUESTS TO CHARITABLE ORGANIZATIONS

[This section will appear if you elect to provide for charitable specific bequests:]

I give, devise, and bequeath to American Cancer Society, a nonprofit tax

M
exempt organization in Oklahoma City, Oklahoma, or its lawful successor, the
sum of $1,000.00 dollars to be used as determined by its Board of Directors in
promoting its goals.

I give, devise, and bequeath to Feed the Children, Inc., a nonprofit tax
SA

exempt organization in Oklahoma City, Oklahoma, or its lawful successor, the

sum of $1,000.00 dollars to be used as determined by its Board of Directors in
promoting its goals.

I give, devise, and bequeath to XYZ Charity, a nonprofit tax exempt

organization in [CITY], [STATE], or its lawful successor, the sum of $1,000.00
dollars to be used as determined by its Board of Directors in promoting its goals.

I instruct that all of my charitable gifts shall be made, to the extent

possible, from property that constitutes “income in respect of a decedent” as that
term is defined in the Internal Revenue Code.

PRINCIPAL DISTRIBUTION CLAUSE

Page 3 of my Last Will and Testament _____ (initial)

[This section will appear if you elect to distribute the rest of your property,
after Specific and/or Charitable Bequests are distributed, to your spouse:]

If my spouse, Jane Doe, survives me, I give, devise, and bequeath to my

spouse all of the rest, residue, and remainder of my property and estate, real,
personal, and mixed, tangible and intangible, of whatever nature and wherever
situated, including all property I may acquire or become entitled to after the
execution of this Will, including all lapsed legacies and devises (but excluding
any property over which I may have a power of appointment, it being my
intention not to exercise any such power), outright and free of trust, after

E
payment of all my just debts, expenses, taxes, and specific bequests, if any.

[The following paragraphs appear if you elect to hold the property given to
your spouse in trust:]

PL
If my spouse, Jane Doe, survives me, all of the rest, residue, and
remainder of my property and estate, real, personal, and mixed, tangible and
intangible, of whatever nature and wherever situated, including all property I
may acquire or become entitled to after the execution of this Will, including all
lapsed legacies and devises (but excluding any property over which I may have a
power of appointment) will be held in trust for Jane Doe’s lifetime. Jane Doe
shall be the sole trustee of this trust. The trust is to be administered and
M
distributed as follows:

1. The trustee shall pay to Jane Doe or apply for Jane Doe’s benefit all
of the net income of the trust, with such payments to be made at
regular intervals as determined in the trustee’s sole discretion,
SA

except that the trustee shall make payments at least annually.

2. The trustee may also pay to or apply for the benefit of Jane Doe
from time to time so much of the principal as the trustee
determines is necessary for Jane Doe’s health, education,
maintenance, and support.
3. In making any such discretionary distributions, the trustee may
take into consideration all relevant circumstances, including but not
limited to Jane Doe’s accustomed standard of living and other
assets and sources of income or support available to Jane Doe and
known to the trustee.

On Jane Doe’s death or if Jane Doe does not survive me, the remainder of
my estate will be distributed to the alternate beneficiaries below.

Page 4 of my Last Will and Testament _____ (initial)

 PRIMARY REMAINDER BENEFICIARIES

[This section will appear if you elect to distribute all of your property to your
children:]

I divide all of the residue and remainder of my gross estate, real and
personal, wherever situated, into as many equal shares as there are living
children of mine and deceased children of mine with issue then living. Each
living child shall be given one share. Any share of my estate allocated to a
deceased child with issue then living shall be further divided into shares for said

E
issue, per stirpes. Unless otherwise indicated in my Will, the shares allocated to
my children and the issue of my deceased children will be distributed to these
beneficiaries, outright and free of trust. The terms "issue," "child," "children,”
include a person who has a parent-child relationship, as defined under

PL
applicable state law, with the person through whom this person claims benefits
under my Will. These terms do include persons who are adults at the time of
adoption.
M
SA

Page 5 of my Last Will and Testament _____ (initial)

 PRIMARY REMAINDER BENEFICIARIES

[This section will appear if you elect to distribute all of your property among
many people:]

I give to the persons named below (my “Primary Remainder

Beneficiaries”), all of the residue and remainder of my gross estate, real and
personal, wherever situated, after payment of all my just debts, expenses, taxes
and specific bequests, if any, in the percentages set forth below. Unless otherwise
indicated in my Will, these shares shall be distributed outright and free of trust.

E
1. Name: Ann Doe
Relation: Daughter
Percentage: 45%

2.
PL
If such beneficiary does not survive me, I direct that the share of
my estate allocated to said beneficiary be distributed to: James Doe.

Name: David Doe

Relation: Brother
Percentage: 45%
M
If such beneficiary does not survive me, I direct that the share of
my estate allocated to said beneficiary be distributed to: James Doe.

ALTERNATE REMAINDER BENEFICIARIES

SA

[This section will appear if you elect to distribute all of your property equally
to your children if your spouse passes away before you:]

If my spouse does not survive me, I divide all of the residue and
remainder of my gross estate, real and personal, wherever situated, into as many
equal shares as there are living children of mine and deceased children of mine
with issue then living. Each living child shall be given one share. Any share of
my estate allocated to a deceased child with issue then living shall be further
divided into shares for said issue, per stirpes. Unless otherwise indicated in my
Will, the shares allocated to my children and the issue of my deceased children
will be distributed to these beneficiaries, outright and free of trust. The terms
"issue," "child," "children,” include a person who has a parent-child relationship,
as defined under applicable state law, with the person through whom this person

Page 6 of my Last Will and Testament _____ (initial)

claims benefits under my Will. These terms do include persons who are adults at
the time of adoption.

ALTERNATE REMAINDER BENEFICIARIES

[This section will appear if you elect to distribute all of your property to
people other than your children or if you’d like to distribute unequal
percentages to your children if your spouse passes away before you:]

E
If my spouse does not survive me, I give to the persons named below (my
“Alternate Remainder Beneficiaries”), all of the residue and remainder of my
gross estate, real and personal, wherever situated, after payment of all my just
debts, expenses, taxes and specific bequests, if any, in the percentages set forth

1.
PL
below. Unless otherwise indicated in my Will, these shares shall be distributed
outright and free of trust.

Name: Charles Doe

Relation: Son
Percentage: 75%

If such beneficiary does not survive me, I direct that the share of
M
my estate allocated to said beneficiary be distributed to: Ann Doe.

2. Name: James Doe

Relation: Brother
Percentage: 25%
SA

If such beneficiary does not survive me, I direct that the share of
my estate allocated to said beneficiary be distributed to: David Doe.

[The following paragraphs appear if you elect to distribute your property to

your spouse in trust:]

On Jane Doe’s death or if Jane Doe does not survive me, I give to the
persons named below (my “Alternate Remainder Beneficiaries”), all of the
residue and remainder of my gross estate, real and personal, wherever situated,
after payment of all my just debts, expenses, taxes and specific bequests, if any,
in the percentages set forth below. Unless otherwise indicated in my Will, these
shares shall be distributed outright and free of trust.

1. Name: Charles Doe

Page 7 of my Last Will and Testament _____ (initial)

 Relation: Son
Percentage: 75%

If such beneficiary does not survive me, I direct that the share of
my estate allocated to said beneficiary be distributed to: Ann Doe.

2. Name: James Doe

Relation: Brother
Percentage: 25%

E
If such beneficiary does not survive me, I direct that the share of
my estate allocated to said beneficiary be distributed to: David Doe.

PL
DISTRIBUTION IF NO LIVING BENEFICIARIES

If at any time before full distribution of my estate all of my beneficiaries

are deceased and this instrument directs no other disposition of the property, the
remaining portion of my estate will then be distributed to my heirs determined
according to the laws of intestate succession, specifically excluding Henry Doe.
M
SA

Page 8 of my Last Will and Testament _____ (initial)

 TESTAMENTARY TRUST

[This section will appear if you have children, and you elect to hold a child’s
share of your property in trust:]

Allocation of Trust Estate

Notwithstanding any other provision of this Will to the contrary, I direct

that the share(s) of my estate allocated to the beneficiary(ies) designated below
be held in trust and administered and distributed in accordance with the terms of

E
this “Testamentary Trust” clause as set forth below.

1. That share of my estate given to Ann Doe will be held in trust until:
Ann Doe is 30 years old.

2.

3.
PL
One half of the share of my estate given to David Doe will be
distributed outright and free of trust when David Doe reaches 21.
The remainder of the share will be distributed outright and free of
trust when David Doe reaches 30.

One third of the share of my estate given to Charles Doe will be

distributed outright and free of trust when Charles Does reaches 21.
M
One half of the remainder of the share will be distributed outright
and free of trust when Charles Doe reaches 25. The remainder of
the share will be distributed outright and free of trust when Charles
Doe reaches 30.
SA

4. The share of my estate given to James Doe will remain in trust for
James Doe’s lifetime.

Nomination of Trustee

I nominate Helen Doe as trustee of all trusts created under this

“Testamentary Trust” clause, to hold, administer, and distribute said trusts in
accordance with the terms of the trusts as set forth herein.

If the above-named trustee is unable or unwilling to serve or continue to

serve as trustee of the trusts created under this “Testamentary Trust” clause, I
nominate James Doe as trustee, to hold, administer, and distribute the trusts in
accordance with the terms of the trusts as set forth herein.

Page 9 of my Last Will and Testament _____ (initial)

 If all trustees nominated in this clause are unable or unwilling to serve or
to continue to serve as trustee, the majority of beneficiaries of the trusts created
under the “Testamentary Trust” clause shall nominate a successor trustee,
subject to the approval of a court of competent jurisdiction. If these beneficiaries
are unable to nominate a successor trustee, a court of competent jurisdiction shall
appoint a successor trustee pursuant to a petition filed by the resigning trustee or
any beneficiary of a trust created under this “Testamentary Trust” clause.

Distribution Provisions

E
The trustee shall distribute, in convenient installments to or for the benefit
of a trust beneficiary, so much of the net income and principal of the
beneficiary’s trust share as the trustee deems necessary, in the trustee’s
discretion, for the health, education, maintenance, and support of said trust

PL
beneficiary. Education includes, but is not limited to, college, graduate school,
vocational studies, and reasonably related living and travel expenses.
In exercising any power concerning discretionary payments of income or
principal to or for the benefit of the beneficiary of any trust under this Will, the
trustee shall consider other income or resources of the beneficiary known to the
trustee and the trustee may rely on the written statement of the beneficiary about
such other income or resources.
M
Any net income not distributed to the trust beneficiaries will be added to
the principal of the applicable trust share and reinvested for future distribution.

When a trust beneficiary is entitled to distribution of the balance of the

beneficiary’s trust share in accordance with the trust provisions set forth above,
SA

the trustee shall distribute to such trust beneficiary the remaining principal and
accumulated net income of his trust share, less the beneficiary’s pro rata share of
unpaid trust administration expenses.

If a trust beneficiary survives me but predeceases the complete

distribution of his or her trust, such trust will be terminated forthwith and the
remaining principal balance and any accumulated but undistributed net income
will be distributed to the deceased beneficiary’s surviving heirs at law.

If a trustee determines, in the trustee’s discretion, that the corpus of a trust

share is of insufficient value to economically administer, the trustee may
terminate the trust in accordance with applicable state law and distribute the
accrued and undistributed net income and remaining principal balance of the
trust share to the trust beneficiary, outright and free of trust.

Page 10 of my Last Will and Testament _____ (initial)

 CREDIT SHELTER TRUST

[This section will appear if you are married:]

My spouse has the right to disclaim all or a portion of any property or

other interests left to him or her under this Will, provided that my spouse do so
within the qualifying time limit for the disclaimer pursuant to Section 2518 of the
Internal Revenue Code of 1986, as amended from time to time (the “Code”), or a
corresponding provision in any successor statute. Anything in the “Alternate

E
Remainder Beneficiaries” clause to the contrary notwithstanding, if my spouse
makes any such disclaimer, all such disclaimed property or interests will be
distributed in trust to Jane Doe, as trustee of The John Doe Credit Shelter Trust.

PL
M
SA

Page 11 of my Last Will and Testament _____ (initial)

 During my spouse’s lifetime, the trustee shall distribute net income and
principal of the Credit Shelter Trust in accordance with the following provisions:

a. The trustee shall pay to my spouse or apply for his or her

benefit all of the net income of the trust, with such payments to be made at
regular intervals as determined in the trustee’s sole discretion, except that
the trustee shall make payments at least annually.

b. The trustee may also pay to or apply for the benefit of my

spouse from time to time so much of the principal as the trustee

E
determines is necessary for my spouse’s health, education, maintenance,
and support.

c. In making any such discretionary distributions, the trustee

PL
may take into consideration all relevant circumstances, including but not
limited to my spouse’s accustomed standard of living and other assets and
sources of income or support available to my spouse and known to the
trustee.

On the death of my spouse, the remaining Credit Shelter Trust assets will
be distributed in accordance with the provisions of this Will, as if I had died on
the date of my spouse’s death and my spouse had not survived me.
M
GENERAL TRUST PROVISIONS

[This section will appear if you elect to provide for either a Testamentary Trust or if
SA

you are married:]

Trustee Powers

(a) General Powers and Duties. Each trustee of a trust created under
this Will will have all of the powers deemed necessary and appropriate to
administer that trust, including all powers granted under [STATE] law, subject to
the trustee’s fiduciary duties to the beneficiaries and any restrictions or limits set
forth under [STATE] law.

(b) Specific Powers. In furtherance of subsection (a) above, the powers

of the trustee include, but are not limited to, the powers to:

1. Collect, hold, maintain, manage, and administer the assets of

the trust as if the trustee were the absolute owner of it;

Page 12 of my Last Will and Testament _____ (initial)

 2. Sell, trade, deal, encumber, mortgage, pledge, option, lease,
lend, or improve the assets of the trust;

3. Invest, reinvest, and make purchases with the profits and

principal of the trust in every kind of property, asset, and
investment;

4. Borrow money from the trust for trust purposes;

5. Employ and pay reasonable fees to counsel, accountants,

E
financial advisors, and any other professionals deemed
necessary or advisable for the proper administration of the
trust;

6.

7.
PL
Enter into contracts and otherwise execute any instruments
on behalf of the trust;

Establish bank, brokerage, and other financial and

nonfinancial accounts for and on behalf of the trust, and
execute any and all documents on the trust’s behalf in
relation thereto, including any resolutions, certifications, or
certificates required for such accounts;
M
8. Distribute or divide the assets of the trust in accordance with
this Will (subject to any restrictions or limits set forth under
[STATE] law), and execute any documents necessary to
administer any trust or subtrust created by this Will;
SA

9. Continue, operate, expand, manage, and sell any business

that is a trust asset;

10. Commence, defend, arbitrate, and settle legal claims or

actions concerning the trust or the assets and property in the
trust;

11. Exercise voting rights, give proxies, and enter into voting
agreements with respect to stock and other business
ownership interests held by the trust;

12. Prepare tax returns and take any necessary or desirable

actions with governmental agencies; and

Page 13 of my Last Will and Testament _____ (initial)

 13. Purchase and modify insurance.

Physical Segregation of Trust Shares Not Required

If more than one trust is created under this Will, the trustee is not required
to physically segregate or divide the assets of the various trusts, except if
physical segregation or division is required on the termination of any of the
trusts. Notwithstanding the forgoing, the trustee shall maintain separate books
and records for each separate trust.

E
Bond Not Required

No trustee of any trust created under this instrument is required to post a

bond.

PL Distribution Authority

If the trustee is required by this Will to divide any trust property into
parts or shares or otherwise, the trustee is authorized, in the trustee’s sole
discretion, to make that division and distribution in identical interests, in kind, or
partly in kind or partly in money, pro rata or non pro rata. For this purpose, the
trustee may sell such trust property not specifically devised as the trustee deems
M
necessary.
Trustee Compensation

The trustee is entitled to annual reasonable compensation for services

rendered in that capacity. Trustee fees will be prorated for any partial years of
SA

service in amounts proportionate with the period of service during that year.

Spendthrift Provision

No interest in the principal or income of any trust created under this

instrument may be anticipated, assigned, encumbered, or subjected to a
creditor’s claims or legal process until it is actually received by the beneficiary.
This spendthrift provision constitutes one of the material purposes of the trusts
created hereunder.

Page 14 of my Last Will and Testament _____ (initial)

 Payments to Minor Beneficiaries

The trustee may make distributions from a minor’s trust share, up to the
whole thereof, to the guardian of the minor’s person, a custodian for the minor
under the applicable Transfers to Minors Act, or Gifts to Minors Act, or the
trustee may apply distributions directly for the minor’s benefit.

Qualified Subchapter S Trust Provision

It is my intent that any trust created herein holding stock in a qualified

E
subchapter S corporation, if any, for any beneficiary qualify as a qualified
subchapter S trust (“QSST”). A QSST will have at least one beneficiary and the
income of that trust will be distributed at least annually. If a trust is comprised of
shares in a “small business corporation,” as defined in Section 1361 of the Code

PL
or any successor thereto, the trustee may segregate said trust property into a
separate trust and, as trustee, may modify the terms of said trust (if necessary) so
that said trust will be a QSST as defined in the Code or any successor thereto.
The trustee shall make any such modification by a written document signed by
the trustee and delivered to the beneficiary of said trust or to the guardian of any
minor beneficiary or conservator any incompetent beneficiary. The terms of the
so-called QSST will continue for so long as necessary as long as an election under
Section 1362 of the Code or any successor thereto, is in effect. When the trust
M
property is no longer comprised of small business corporation stock or a Section
1362 election has not been made, the special QSST will terminate and the trust
property will be held in accordance with the terms of the original trust.
SA

EXECUTOR NOMINATION

I nominate my spouse, Jane Doe, and my brother, David Doe, to be the co-
executors of this Will. If one of them is unable or unwilling to serve or to
continue to serve as co-executor, the other one shall serve alone.

If, for any reason, my first nominee executor is unable or unwilling to

serve or to continue to serve as executor of this Will, I nominate my friend, James
Smith, to be the successor executor of this Will.

If, for any reason, the nominees designated above are unable or unwilling
to serve or to continue to serve as executor of this Will, I nominate my mother,
Helen Doe, to be the successor executor of this Will.

Page 15 of my Last Will and Testament _____ (initial)

 If none of the nominated executors are able, willing, and authorized to
serve or to continue to serve, and a vacancy is not filled as set forth above, the
majority of the estate beneficiaries shall nominate a successor executor. If the
majority of estate beneficiaries are unable to nominate a successor executor, the
vacancy will be filled pursuant to a petition filed by the resigning executor or any
person interested in the estate in a court of competent jurisdiction.

MISCELLANEOUS EXECUTOR PROVISIONS

E
The term “executor” includes any executrix, personal representative, or
administrator, if those terms are used in the statutes of any state that has
jurisdiction over all or any portion of my estate.

PL
My executor will have broad and reasonable discretion in the
administration of my estate to exercise all of the powers permitted to be
exercised by an executor under state law, including the power to sell estate assets
with or without notice, at either public or private sale, and to do everything he or
she deems advisable and in the best interest of my estate and the beneficiaries
thereof, all without the necessity of court approval or supervision. I direct that
my executor perform all acts and exercise all such rights and privileges, although
not specifically mentioned in this Will, with relation to any such property, as if
M
the absolute owner thereof and, in connection therewith, to make, execute, and
deliver any instruments, and to enter into any covenants or agreements binding
my estate or any portion thereof.

If there are two co-executors serving, they shall act by unanimous

SA

agreement. If there are more than two co-executors serving, they shall act in
accordance with the decision made by the majority of co-executors.

Subject to specific provisions to the contrary, I authorize my executor to

distribute a share of my estate given to a minor beneficiary, up to the whole
thereof, to a custodian under the applicable Transfers to Minors Act or Gifts to
Minors Act, if in the executor’s discretion, it is in the best interests of the
beneficiary. The executor may also make distributions to a minor by making
distributions to the trustee of a trust created under this Will for a minor
beneficiary, the guardian of the minor’s person, or the guardian of the minor’s
estate.

No person named as an executor is required to post any bond.

Page 16 of my Last Will and Testament _____ (initial)

 I authorize my executor to make the following choices or elections in my
executor’s absolute discretion, regardless of the resulting effect on any other
provisions of this Will or on any person interested in my estate or in the amount
of any of the taxes referred to: (a) choose a valuation date for estate or inheritance
tax purposes or choose the methods to pay estate or inheritance taxes; (b) elect to
treat or use an item, for either federal or state tax purposes, as either an income
tax deduction or as a deduction for estate or inheritance tax purposes; (c)
determine when a particular item is to be treated as taken into income or used as
a tax deduction, to the extent the law provides that choice; and (d) disclaim all or
any portion of any interest in property passing to my estate at or after my death,

E
even though any of these actions may subject my estate to additional tax
liabilities. No person adversely affected by my executor’s exercise of discretion
under this clause is entitled to any reimbursement or adjustment, and my
executor is not required to make any adjustment between income and principal

PL
or in the amount of any property passing under this Will as a result of any
election under this provision.

I authorize my executor, without obtaining court approval, to employ

professional investment counsel on such terms as my executor considers proper,
and to pay the fees of investment counsel as an expense of administration of my
estate. However, my executor is under no obligation to employ any investment
counsel.
M
I authorize my executor either to continue the operation of any business
belonging to my estate for such time and in such manner as my executor may
consider advisable and in the best interest of my estate, or to sell or liquidate the
business at such time and on such terms as my executor may consider advisable
SA

and in the best interest of my estate. Any such good faith operation, sale, or
liquidation by my executor will be at the risk of my estate and without liability
on the part of my executor for any losses that may result.

GUARDIAN NOMINATION CLAUSE

[This section will appear if you have children, and elect to nominate a guardian of a
minor child:]

I nominate my spouse, Jane Doe, and my brother, Joe Doe, to be the co-
guardians of the person and estate of each minor child of mine. If one of them is
unable or unwilling to serve or to continue to serve as co-guardian, the other one
shall serve alone.

Page 17 of my Last Will and Testament _____ (initial)

 If, at any time during the minority of any child of mine, my first nominee
guardian is for any reason unable or unwilling to serve or to continue to serve as
guardian of the person and estate of each minor child, I nominate my mother,
Helen Doe, to be the guardian of the person and estate of each minor child of
mine.

If, at any time during the minority of any child of mine, all of the
individuals above are unable or unwilling to serve or to continue to serve as
guardian of the person and estate of each such child, I nominate Gail Smith to be
the guardian of the person and estate of each minor child of mine.

E
ADDITIONAL GUARDIANSHIP PROVISIONS

PL
[This section will appear if you nominate a guardian of a minor child:]

The term “guardian” as used in this Will includes any person herein
named as a guardian of both the person and estate of my minor children.

As it is my desire that the loving care and treatment of my minor children

be trusted in the guiding hands of the person designated by me as guardian of
my minor children, I wish said guardian to exercise broad and reasonable
M
discretion in dealing with the person and estate of my minor children so as to be
able to do everything deemed advisable in the best interest of said minor
children.

I direct that the guardian of my minor children perform all acts, take all
SA

proceedings and exercise all such rights and privileges, although not specifically
mentioned in this Will, with relation to any matter affecting both the person and
estate of those minor children.

If there are more than two co-guardians serving, they shall act in
accordance with the decision made by the majority of co-guardians.

No such person named as guardian in this Will is required to file any

bond.

Page 18 of my Last Will and Testament _____ (initial)

 SIMULTANEOUS DEATH

If it cannot be established if a beneficiary of my estate survived me, the

provisions of the applicable Uniform Simultaneous Death Act, as amended, or
any substantially similar successor act effective on the date of my death, will
apply.

NONLIABILITY OF FIDUCIARIES

E
Any fiduciary, including my executor and any trustee, who in good faith
endeavors to carry out the provisions of this Will, will not be liable to me, my
estate, my heirs, or my beneficiaries for any damages or claims arising because of
their actions or inaction, or the actions of any predecessor fiduciary acting

PL
pursuant to this Will. My estate will indemnify and hold them harmless.

SAVINGS CLAUSE

If a court of competent jurisdiction at any time invalidates or finds

unenforceable any provision of this Will, such invalidation will not invalidate the
whole of this Will. All of the remaining provisions will be undisturbed as to their
M
legal force and effect. If a court finds that an invalidated or unenforceable
provision would become valid if it were limited, then such provision will be
deemed to be written, deemed, construed, and enforced as so limited.
SA

Page 19 of my Last Will and Testament _____ (initial)

 IN WITNESS WHEREOF, I, the undersigned testator, declare that I sign
and execute this instrument on the date written below as my last will and
testament and further declare that I sign it willingly, that I execute it as my free
and voluntary act for the purposes expressed in this document, and that I am
eighteen years of age or older, of sound mind and memory, and under no
constraint or undue influence.

___________________________________

E
(Signature of John Doe)

PL Date: ______________________________
M
SA

Page 20 of my Last Will and Testament _____ (initial)

 ATTESTATION

This last will and testament, which has been separately signed by John
Doe, the testator, was on the date indicated below signed and declared by the
above named testator as his or her last will and testament in the presence of each
of us. We, in the presence of the testator and each other, at the testator’s request,
under penalty of perjury, hereby subscribe our names as witnesses to the
declaration and execution of the last will and testament by the testator, and we
declare that, to the best of our knowledge, said testator is eighteen years of age or
older, of sound mind and memory and under no constraint or undue influence.

E
1. ______________________________ _________________________________
(Signature of witness) (Print Name)

Date:___________________

PL _________________________________
(Address)

_________________________________
(City, State, ZIP)
M
2. ______________________________ _________________________________
(Signature of witness) (Print Name)

Date:___________________ _________________________________
(Address)
SA

_________________________________
(City, State, ZIP)

Page 21 of my Last Will and Testament _____ (initial)

 SELF-PROVING AFFIDAVIT

State of [STATE]
County of ________________

I, John Doe, the undersigned testator, being first duly sworn, do declare to
the undersigned authority that I signed and executed the attached or annexed
instrument as my last will and testament and that I signed it willingly, or
willingly directed another to sign for me, that I executed it as my free and

E
voluntary act for the purposes expressed in that document, and that at the time I
signed the document, I was eighteen years of age or older, of sound mind and
memory, and under no constraint or undue influence.

PL
Date:__________________ __________________________________
(Signature of John Doe)

We, the undersigned witnesses, being first duly sworn, do each declare to
the undersigned authority the following: (1) the testator declared to each of us
that the attached or annexed instrument is his or her last will and testament; (2)
the testator executed the last will in our presence; (3) each of us, in the presence
M
of the testator and in the presence of each other, and at the testator’s request,
signed the last will and testament as witnesses; and (4) to the best of our
knowledge the testator was at that time eighteen years of age or older, of sound
mind and memory, and under no constraint or undue influence.
SA

1. ______________________________ ____________________________
(Signature of witness) (Print Name)

2. ______________________________ ____________________________
(Signature of witness) (Print Name)

Acknowledgement of Notary Public:

Subscribed, sworn and acknowledged to me on this _____ day of ____________,

20___, by John Doe, as testator, and ______________________________________
and _____________________________, as witnesses.

Witness my hand and seal.

Signature of Notary Public: ______________________________________

[This paragraph will appear if you choose to include final instructions and varies
depending on your preference for the disposition of your remains:]

STATEMENT OF INTERMENT, CREMATION, and WISHES

I, John Doe, the undersigned, having previously executed a last will and
testament on the date hereof, hereby state that, in addition to the directives and bequests
set forth in said last will and testament, it is my desire that my remains be cremated.

My further wishes and directives are as follows: Spread my ashes in the sea.

E
Dated:_______________ _______________________________
Signature of John Doe

PL
WITNESS ATTESTATION CLAUSE

This statement of interment, cremation, and wishes, which has been separately
signed by John Doe was signed, executed and declared in the presence of each of us. We,
in the presence of John Doe and each other, under penalty of perjury, hereby subscribe
our names as witnesses to the declaration and execution of the statement of interment,
cremation, and wishes by John Doe and we declare that, to the best of our knowledge,
M
John Doe is eighteen years of age or older, of sound mind and memory, and under no
constraint or undue influence.

1. ______________________________ _________________________________
(Signature of witness) (Print Name)

Date:___________________ _________________________________
SA

(Address)

_________________________________
(City, State, ZIP)

2. ______________________________ _________________________________
(Signature of witness) (Print Name)

Date:___________________ _________________________________
(Address)

_________________________________
(City, State, ZIP)
These are sample documents. Actual content and language may vary based on your answers to the
LegalZoom questionnaire and could differ by state.

LegalZoom grants you permission to view and print these sample documents for your personal,
informational, and non-commercial use. They may not be reproduced or sold for any purposes. Your
answers to the LegalZoom questionnaire have not been applied to these sample documents so they are
not fit for use.

© LEGALZOOM.COM, INC.