C Generic Will
User Manual: Generic Will
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LAST WILL AND TESTAMENT
OF
_________________________
PERSONAL INFORMATION
I, NAME OF TESTATOR, a resident of {STATE}, county of {COUNTY} declare that this is my
will. My Social Security Number is {SOCIAL SECURITY}.
REVOCATION OF PREVIOUS WILLS
FIRST: I revoke all wills and codicils that I have previously made.
MARITAL STATUS
SECOND: I am married to {SPOUSE'S NAME}.
CHILDREN
THIRD: I have the following child(ren) now living: {NAME OF CHILDREN}.
FAILURE TO LEAVE PROPERTY
FOURTH: If I do not leave property in this will to one or more of the children or grandchildren
whom I have identified above, my failure to do so is intentional.
DEFINITIONS
FIFTH: As used in this will, the term "specific bequest" refers to a gift of specifically identified
property that I leave in this will. The term "residuary estate" refers to all property subject to this
will that is not passed by specific bequest or that is specifically left to or becomes a part of my
residuary estate when a beneficiary of a specific bequest fails to survive me. The term "residuary
bequest" refers to a gift of all or a portion of my residuary estate.
SPECIFIC BEQUESTS OF PROPERTY
SIXTH: I give {SPECIFIC PROPERTY BEQUESTED} to {NAME OF BENEFICIARIES FOR
SPECIFIC BEQUEST}. However, if {NAME OF BENEFICIARIES FOR SPECIFIC
BEQUEST} does not survive me, the living children of {NAME OF BENEFICIARIES FOR
SPECIFIC BEQUEST} shall take the property. If there are no living children, the property shall
go to {ALTERNATE BENEFICIARY FOR SPECIFIC BEQUEST}.
RESIDUARY ESTATE
SEVENTH: I give my residuary estate to {BENEFICIARY FOR RESIDUARY ESTATE}.
However, if {BENEFICIARY FOR RESIDUARY ESTATE} does not survive me, the living
children of {BENEFICIARY FOR RESIDUARY ESTATE] shall take my residuary estate. If
{BENEFICIARY FOR RESIDUARY ESTATE} does not survive me and leaves no living
children, my residuary estate shall go to {ALTERNATE RESIDUARY BENEFICIARY}.
ENCUMBRANCES AND LIENS
EIGHTH: All personal and real property I give in a specific or residuary bequest shall pass subject
to any encumbrances or liens on the property.
SURVIVORSHIP PERIOD
NINTH: When this will states that a beneficiary must survive me for the purpose of receiving a
specific bequest or residuary bequest, he or she must survive me by 45 days.
DIVISION OF BEQUESTS
TENTH: Any specific bequest or residuary bequest made in this will to two or more beneficiaries
shall be shared equally among them, unless unequal shares are specifically indicated.
PERSONAL GUARDIAN
ELEVENTH: If at my death a guardian is needed to care for my minor child or children, I name
{NAME OF GUARDIAN FOR CHILDREN} as guardian. If this person shall for any reason fail
to qualify or cease to act as guardian, I name {ALTERNATE GUARDIAN} to serve as guardian.
No bond shall be required of any personal guardian appointed under this will.
PROPERTY GUARDIAN
TWELFTH: If at my death, a guardian is needed to care for any property belonging to my minor
child or children, I name {NAME OF PROPERTY GUARDIAN} as property guardian. No bond
shall be required of any property guardian appointed under this will.
PERSONAL REPRESENTATIVE
THIRTEENTH: I name {NAME OF EXECUTOR} as my personal representative. If {NAME
OF EXECUTOR} for any reason does not qualify or ceases to act as personal representative, I
name {NAME OF ALTERNATE} as my personal representative. No personal representative
shall be required to post bond.
PERSONAL REPRESENTATIVE'S POWERS
FOURTEENTH: If the probate of this will is necessary, I direct that my personal representative
petition the court for an order to administer my estate under the provisions of the Independent
Administration of Estates Act.
PAYMENT OF DEBTS
FIFTEENTH: Except for liens and encumbrances placed on property as security for the
repayment of a loan or debt, I instruct my personal representative to pay all debts and expenses,
as provided for by the laws of the state of {STATE OF RESIDENCE}.
PAYMENT OF TAXES
SIXTEENTH: I instruct my personal representative to pay all estate and inheritance taxes
assessed against property in my estate or against my beneficiaries as provided for by the laws of
the state of {STATE OF RESIDENCE}.
NO CONTEST PROVISION
SEVENTEENTH: If any beneficiary under this will contests 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 as if that contesting beneficiary had failed to survive me
and left no living children.
SIGNATURE
I, NAME OF TESTATOR, the testator, sign my name to this instrument, this _______________
day of ______________, 20____, at ___________________________________. I declare that I
sign and execute this instrument as my last will, that I sign it willingly, and that I execute it as my
free and voluntary act. I declare that I am of the age of majority or otherwise legally empowered
to make a will, and under no constraint or undue influence.
________________________
(Signed)
WITNESSES
We, the witnesses, sign our names to this instrument, and declare that the testator willingly signed
and executed this instrument as the testator's last will.
Each of us, in the presence of the testator, and in the presence of each other, sign this will as
witness to the testator's signing.
To the best of our knowledge, the testator is of the age of majority or otherwise legally
empowered to make a will, is mentally competent and under no constraint or undue influence.
We declare under penalty of perjury that the foregoing is true and correct, this _______________
day of ______________, 20_____, at ___________________________________.
Witness #1: ______________________________________________
Residing at: _____________________________________________
Witness #2: ______________________________________________
Residing at: _____________________________________________
Witness #3: ______________________________________________
Residing at: _____________________________________________
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