Sample Will

The Will of John Smith

Personal Information

I, John Smith, a resident of San Diego county, California, declare that this is my will.

Revocation of Previous Wills

I revoke all wills and their codicils that have previously been made.

This part of the sample will states that the provisions of this will supersede any previous wills and their codicils (amendments). You should also destroy all of the previous wills and ask your attorney or whoever holds copies to destroy them too.

Marital Status

I am married to Dave Carpenter.

This section of the sample will should state your spouse or other type of partner in a marriage like relationship that is recognized by your state. The purpose of this is to identify the partner who may have legal rights to your estate, depending on your state’s laws.

Pets

I leave my Rottweiler, Sasha, to my sister Jane Smith along with $20,000 for the dog’s maintenance and care. If Jane Smith does not survive me, then I leave Sasha and $20,000 to my friend Julio Sanchez. The money should also go towards Sasha’s care and maintenance.

In this sample will, John does not have kids, but a beloved Rottweiler who he wants to ensure is cared for in the event of his death. John could leave the money in the will with express wishes or put it in a trust to ensure the money is only drawn for the sake of Sasha’s care.

Disposition of Property

In order to receive the property mentioned in this will, the beneficiary must survive me for at least 45 days. This means that a named person must be alive on the 45^th day of my death, or an organization must still be in operation.

If more than two beneficiaries are named for a piece of property and one or more of them does not survive me for 45 days, then unless otherwise stated in the will, their share must be split equally between the other beneficiaries for that piece of property.

This clause of the sample will help to clear up any grey areas that may result from having a beneficiary who dies soon after you. It also sets a precedent for how the estate will be handled if one of the beneficiaries died before you. In some cases, you may name an alternate beneficiary; in others, the property may be split between the other beneficiaries.

My residuary estate is all of the property of which I am the rightful owner at the time of my death. It is the property that is controlled by this will but not explicitly bequeathed to any party or a failed or lapsed bequest.

This sample will also provides a definition of the residuary estate for the executors and beneficiaries.

• I leave $15,000 to Eleanor White. If they do not survive me, then I leave it to Rachel Chan.
• I leave my antique teapot collection to be shared amongst Jaqueline Proust, Michael Stewart, and Monique Tembe. Jaqueline shall receive ½ share, Michael shall receive ¼ share, and Monique shall receive ¼ share.
• I leave my Vincent Van Gogh artwork to my brother George Smith. If George does not survive me, I leave it to my sibling Andy.
• I leave my art collection, except for the aforementioned Vincent Van Gogh to the Small Town Museum.
• I leave my residuary estate to Dave Carpenter. If Dave Carpenter does not survive me, I leave the estate to my nephew and niece Carl and Gloria. If they are under the age of 18, it should be in a children’s pot trust. If they are over the age of 18, it should be split equally between them.

All the property I bequeath in this will may be subject to liens or other encumbrances for the purpose of debt repayment.

The above bequests in this sample will have named beneficiaries and stated what would happen if the intended beneficiary does not survive John Smith.

Forgiveness of Debts

I wish to forgive all of the debts specified below, including any interest that may have accrued up to the date of my death.

• Maisy Carpenter $30,000 April 3^rd 2010
• Guy Cortez $5,000 September 9^th 2012
• Eleanor White $5,000 December 1^st 2015

By forgiving these debts in the sample will, John Smith ensures that their bequests are not reduced by the amount of the debts and interest.

Executor

I name Bob Williams, my attorney and Sandra Davis as co-executors. If Sandra is unable or unwilling to serve as executor, then Bob Williams shall serve as sole executor.

No executor shall be required to post bond.

This sample will name two people as executors to serve jointly; a friend and an attorney. It states what should happen should the friend not be able to serve as executor.

Executor’s Powers

My executors should take all legal actions necessary to keep the probate process free of the supervision of the court and as simple as possible. They should, of course, take into account the limitations of the local, state, and federal laws. If they need to do so, they should file a petition for the independent administration of this estate.

The clause provided in this sample will is optional. It is not necessary to keep the probate process free of court supervision, but it does make the process quicker as court adds delays. You can also add specific powers you wish to give to the executor to have on top of the powers automatically given to executors in the laws of your jurisdiction. These powers prevent your executor from having to seek permission from court.

Payment of Debts

With the exception of any encumbrances placed on specific property items, all debts and loans that my estate owes at the time of my death should be made from the following assets:

• Financial institution name and account number
• Financial institution name and account number

This clause in the sample will allows you to set instructions for how debts should be paid. Otherwise, an asset that you wanted to bequeath may be sold in order to pay the debts.

Payment of Taxes

All inheritance and estate taxes for property in this estate or bequeathed to my beneficiaries will be paid using the following assets:

• Financial institution name and account number
• Financial institution name and account number

This clause in the sample will allows you to set instructions for how debts should be paid. Otherwise, an asset that you wanted to bequeath may be sold in order to pay the debts. You could also instruct your executor to select the asset with which to pay inheritance or estate taxes if you prefer.

No Contest Clause

If any of the beneficiaries named in this will contest the will or any of the provisions of this will, then their share of my estate will be revoked. Their share will be bequeathed as per the instructions given if they did not survive me.

The sample will makes it clear how any contest to the will should be handled. Some of the beneficiaries may be tempted to challenge the will in order to try and get more inheritance. Check your state laws regarding no contest clauses, as some states will not enforce them.

Severability

If any of the provisions in this will is found to be invalid, it shall not affect any of the other provisions that are not reliant on the invalid provision.

This clause in the sample will protects your entire will from becoming invalid if one of the clauses is found to be invalid. It means that only the invalid clause will be ignored.

SIGNATURE

I, John Smith, the testator, sign my name today, ______________(full date)______________, at ______(location)___________________________. I declare that I sign this will and therefore execute it as my last will. I also declare that I sign it willingly, and that its execution is a free and voluntary act. I declare that I am legally empowered to make a will, and I did not make it under undue influence or constraint.

Signature: _______________________________________

WITNESSES

We, the witnesses, sign our names on this will. We declare that John Smith willingly signed and executed this document as their last will.

We sign this will in the presence of each other and the testator as witnesses to the testator’s signing of the will.

To the best of our knowledge, John Smith is legally empowered to make a will, is not subject to undue influence or constraint, and is of sound mind. We make this declaration under the penalty of perjury on the date of ________________ (date) ______________at _______________(location)____________________.

1^st Witness

Signature: __________________________________________________

Name: __________________________________________________

Address: ________________________________________________________

City, State: ______________________________________________________

2^nd Witness

Signature: __________________________________________________

Name: __________________________________________________

Address: ________________________________________________________

City, State: ______________________________________________________