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WILL_CLAUSES
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1992-04-03
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ADDITIONAL CLAUSES
There are many many clauses that can be added to your
wills, to customize the wills even more to your exact
situation. However, make sure that the clauses that you
add will agree with each other and the contents of the
will.
First, here are three situations that require a
different form of 'attestation' (the closing part of the
will and where the witnesses sign;
a) Where testator signs with his or her mark:
"Signed by the said testator with his/her mark as
his/her last will, the same having been read over to
him/her and he/she seeming thoroughly to understand the
same, in the presence of us, both present at the same
time, who at his/her request, in his/her presence, and
in the presence of each other, have hereunto subscribed
our names as witnesses."
b) Where somebody else signs on behalf of the
testator:
"Signed by NAME OF PERSON SIGNING with the name of the
said testator as his/her last will, the same having been
previously read over to him/her and he/she seeming
thoroughly to understand the same, in his/her presence
and by his/her direction and in the presence of us, both
present at the same time, who at his/her request, in
his/her presence, and in the presence of each other,
have hereunto subscribed our names as witnesses."
c) Where the testator is blind:
"This will having been first read over to the said
testator in our presence, when the said testator
appeared thoroughly to understand the same and to
approve the contents of thereof, was signed by the said
testator as his last will, in the presence of us, both
present at the same time, who at his/her request, in
his/her presence, and in the presence of each other,
have hereunto subscribed our names as witnesses."
Here are some clauses that you might find useful:
1. Appointment of son as executor and trustee on
attaining the age of majority.
I NOMINATE, CONSTITUTE, AND APPOINT my son, __________ ,
on his attaining the age of majority to be the sole
executor and trustee of this my will, and direct that my
will shall from the time of his acceptance of such
appointment take effect and be construed as to the
property then remaining subject to the trusts hereof in
the same manner as if my said son had been originally
named as executor and trustee, but until the said
appointment of my said son shall take effect, such
appointment shall not fetter or prejudice the exercise
of the trusts, powers, or discretion hereby given to the
said ___________________________ , and I declare that
the expression my trustee used throughout this my will
shall (where the context permits) include the trustee
for the time being.
2. Wife is executrix (executor) and trustee until
remarriage.
I NOMINATE, CONSTITUTE, AND APPOINT my wife, _________ ,
so long as she shall remain my widow, to be the sole
executor and trustee of this my will, and I hereinafter
refer to her as my trustee. If my wife shall marry
again, she shall cease to be the executrix and trustee
of this my will, which shall thenceforward be construed
and take effect as if the said _______________________
had been originally sole executor and trustee.
4. Burial Clauses:
a) I direct that my body shall be cremated and the
ashes deposited, etc.
b) I direct that my body shall be buried in my
family vault in the ________________ cemetery.
5. Distribution of some assets in accordance with a
written memorandum.
To distribute such of my personal effects as are
described therein in accordance with a memorandum made
and signed by me, and filed with this my will.
6. Bequest not imposing a trust.
To deliver to _______________________ all my personal
jewellery for herself absolutely and without imposing
any trust or legal obligation upon her I desire that she
shall carry out my wishes in regard to such articles
with regard to which my wishes are known to her.
7. Bequest of farm stock.
To deliver to _____________________ for his own use
absolutely all my stock of grain, hay, and feed,
including growing crops, and all horses, cows, calves,
sheep, lambs, swine, poultry, and animals of all kinds
and also farming utensils and implements of husbandry,
tools, and machinery whether self-propelled or not,
tractors, trucks, wagons, carts, carriages, harness,
saddles, and other accoutrements, and the motor car
which I use in connection with my farm, and all other
live and dead stock whatsoever which shall be in or
about my farm at ______________________________ , or any
other farm belonging to me or of which I shall be in
occupation at my death.
8. Bequest of shares in a limited company.
To transfer to ___________________________ for his own
use absolutely ______________________ of my __________
type shares in ____________________ Company Limited;
and if and so far as I do not hold sufficient shares in
the said company to answer the said bequest, in lieu of
each share not so held a sum equivalent to the market
value thereof at my death as determined by my trustee.
If at my death the said shares as a result of any stock
dividend, stock split, amalgamation, reconstruction, or
rearrangement of capital of the said company shall be
represented by a different capital holding either in the
said company or in any other company to which I am
entitled at my death, then the said bequest shall take
effect as if it had been a bequest of such stock
dividend, stock dividend, stock split, amalgamation,
reconstruction, or rearrangement took the place of such
shares.
9. Bequest of a business.
To ___________________ the good will of my business of
_____________________ carried on under the style or name
of _______________________ and the stock in trade,
machinery, plant and effects employed therein or
belonging thereto and the benefit of all contracts
subsisting in respect of the said business except that
the said contracts shall be valued by my trustee as at
the date of my death according to the amount of work
which shall then have been done and the amount of such
valuation shall fall into and form part of my general
estate and shall be a debt due and owing to my estate
by the said beneficiary, but as to the benefit of all
work then remaining to be done on the said contracts I
bequeath the same to the said beneficiary absolutely and
I declare that all book debts and monies due to me with
respect of the said business or standing to the credit
of my business account at my bank or banks at my death
shall form part of my general estate and that all debts
and liabilities due or subsisting in respect of the said
business at my death shall be paid out of my general
estate and the said beneficiary shall discharge and
indemnify my general estate from all debts and
liabilities to accrue after my death with respect of the
said business.
10. Option to Son to Purchase Farm
My trustee shall have power to sell the farming business
carried on my me at ____________________________ to my
son ______________________ at the price to be agreed
upon by my trustee and my said son, and in default of
agreement at a price to be fixed by an independent
valuation expert chosen by my trustee, and costs
incurred with respect of such evaluation to be paid from
the residue of my estate, and the price to be paid by my
said son in either case to be one half of the reasonable
purchase price of the said farm by an independent party
as a going concern, this being in consideration of the
assistance given to me by my said son in the conduct of
the said farming business (or the price may be at a
stated set price). The payment of the said purchase
price shall be made to my trustee in such manner as they
think fit and I specifically authorize my trustee to
accept any form of security upon the said property or
any part thereof or the security of a promissory note or
notes signed by said son and/or others and payable by
such installments as my trustee shall in his/her
absolute discretion determine, but not carrying an
interest rate exceeding _____________ . I declare that
for the purposes of this clause the expression, my
farming business, shall include all assets, stock,
plant, appliances, book debts, and good will on the one
hand, and all liabilities in connection therewith on the
other hand, and it shall include the estate in fee
simple of the said farm. Further provided that if my
said son shall not purchase the said farming business
within six months from my death, the said business shall
fall into and form part of my residuary estate.
11. Release of Debts
To release and forgive unto _____________________ all
sums whether for principal or interest and whether
secured or unsecured which at the time of my death may
be owing by him/her/them to me and to cancel,
discharge, and deliver to him/her/them any and all
securities or evidence of such indebtedness, and
expense incidental to any such cancellation and
discharge to be paid out of the residuary of my estate,
and provided that if the said ______________________
shall predecease me his/her/their personal
representative shall be entitled to the benefit of this
gift as though he/she/they had died immediately after my
death.
12. Forgiving of Debts by Trustee
I declare that my trustee, in addition to whatever
rights he/she/they may possess by law or by reason of
any other provision of this my will, and whether any
debtor may appear able to pay or not, shall not be bound
to enforce my strict rights in cases wherein my trustee
considers it probable that I should, if alive, have
shown leniency or foregone payment, either full or in
part.
13. Bequest Not in Satisfaction of Debt
To pay to _____________________ , if he survives me, the
sum of ______________________, and I direct that this
legacy shall not be deemed a satisfaction of the debt
that I owe him.
14. Bequest for Masses
To the priest in charge of the Roman Catholic Church at
____________________ , the sum of _________________ to
be applied to the offering of masses for the repose of
the soul(s) of ____________________ (or my sole).