This required section requests information regarding the person making the Will (the "Willmaker"). Press [Ctrl+F1] for more information.
This optional section permits the designation of specific bequests. A specific bequest is a gift (bequest) of a specific item or asset to a named person or entity. Press [Ctrl+F1] for more information.
This optional section permits specific instructions regarding the distribution of tangible personal property, not including specific bequests. Press [Ctrl+F1] for more information.
This required section provides for the distribution of the Willmaker's remaining assets. An optional children's trust is included. Press [Ctrl+F1] for more information.
This required section provides for the selection of an Executor. An executor is responsible for carrying out the terms of the Will. Press [Ctrl+F1] for more information.
This optional section enables you to select a guardian, a person who will have custody of the Willmaker's minor children, if a natural guardian or parent is not available.
This required section provides standard powers for the Executor, along with powers for the Trustee if the Simple Will includes a children's trust. Press [Ctrl+F1] for more information.
This required section provides miscellaneous provisions that clarify how the Simple Will should be interpreted. Press [Ctrl+F1] for more information.
This optional section provides clarification regarding the Willmaker's spouse, if applicable. Press [Ctrl+F1] for more information.
This optional section provides clarification regarding the Willmaker's children, if applicable. Press [Ctrl+F1] for more information.
This optional section allows the Willmaker to state the names of persons or organizations who will be excluded intentionally from receiving distributions from the estate. Press [Ctrl+F1] for more information.
This optional section provides for the resolution of disputes between beneficiaries, if the beneficiaries cannot resolve problems between or among themselves. Press [Ctrl+F1] for more information.
This required section provides the date and signature lines for the Willmaker and witnesses. Press [Ctrl+F1] for more information.
Times New Roman
Simple Will
S_WILL
A Simple Will is a document under which a person states who will receive his/her property, names an executor, and if necessary, nominates a guardian to care for minor children.
Enter the spouse's name or use the P.I. Manager to select and paste a record.
Enter the Willmaker's state/province or edit the information as desired.
Enter an X if the residuary estate should be distributed to the Willmaker's SPOUSE.
Enter an X if the residuary estate should be distributed to the Willmaker's CHILDREN.
Enter an X if the residuary estate should be distributed to the Willmaker's CHILDREN, if the spouse does not survive the Willmaker.
Enter the age that the youngest child of the Willmaker should attain before final distribution of the trust assets will begin. Press [Ctrl+F1] for more information.
Enter an X if the residuary estate should be distributed to a TRUST for the Willmaker's children. Press [Ctrl+F1] for more information.
Enter an X if the residuary estate should be distributed to a TRUST for the Willmaker's children, if the spouse does not survive the Willmaker. Press [Ctrl+F1] for more information.
Enter an X if a share or percentage of the residuary estate will be distributed to the Trustee.
Enter either the term "Executor" or "Personal Representative". The decision as to which term to use is primarily personal. The hints will use the more familiar term "Executor".
Enter the name of the child or use the P.I. Manager to select and paste a record.
Enter the name of the first child or use the P.I. Manager to select and paste a record.
Enter the name of the second child or use the P.I. Manager to select and paste a record.
Enter the name of the third child or use the P.I. Manager to select and paste a record.
Enter the name of the fourth child or use the P.I. Manager to select and paste a record.
Enter the name of the fifth child or use the P.I. Manager to select and paste a record.
Enter the name of the sixth child or use the P.I. Manager to select and paste a record.
Enter the name of the seventh child or use the P.I. Manager to select and paste a record.
Enter the name of the eighth child or use the P.I. Manager to select and paste a record.
Enter the name of the ninth child or use the P.I. Manager to select and paste a record.
Enter the name of the tenth child or use the P.I. Manager to select and paste a record.
A will is created for a "Willmaker". Enter the name of the Willmaker or edit the information as desired. Use the P.I. Manager to select and paste a record.
Enter an X if specific bequests will be included in the Simple Will. A specific bequest is a gift (bequest) of a specific item or asset to a named person or entity. For example, a wedding ring, $1,000, an antique, or a car. Press [Ctrl+F1] for more information.
Enter the FIRST witness' name or use the P.I. Manager to select and paste a record. The following information regarding the name and address of the witness may be left blank and be completed when the document is signed. Three witnesses are recommended, even though many states only require two.
Enter the SECOND witness' name or use the P.I. Manager to select and paste a record. The following information regarding the name and address of the witness may be left blank and be completed when the document is signed.
Enter the name of the THIRD witness or use the P.I. Manager to select and paste a record. The following information regarding the name and address of the witness may be left blank and be completed when the document is signed.
Enter an X to include the name of a third witness. Three witnesses are recommended, even though only two are required. The signature of a third witness provides some protection in case one of the witness signatures is declared invalid for some reason. Press [Ctrl+F1] for more information.
Enter an X to include the description of the specific bequest that will be distributed to the beneficiary.
Enter a description of the specific bequest to be made. For example, "$1,000", "My wild rose china" or "My 1957 Chevy".
Enter the name of the person or entity ("beneficiary") who will receive the specific bequest or use the P.I. Manager to select and paste a record.
Enter an X to provide the name of an alternate beneficiary, if the first choice does not survive the Willmaker.
Enter the alternate beneficiary's name or use the P.I. Manager to select and paste a record.
Enter an X if the specific bequest shall become a part of the residuary estate, if the first choice does not survive. The "residuary estate" is the remaining property of an estate after the debts, expenses, and specific bequests have been paid.
Enter an X to include additional specific bequests. The program permits a maximum of 16 specific bequests.
Enter an X to include an additional specific bequest.
Enter a description of the additional specific bequest. For example, "$1,000", "My wild rose china" or "My 1957 Chevy".
Enter an X to include an additional specific bequest,
SWL01
! Opening Section (1 of 13)
LAST WILL AND TESTAMENT
I, !, of !, !, revoke my former Wills and Codicils and declare this to be my Last Will and Testament.
! [ Name of Willmaker's spouse !]
ARTICLE !
PAYMENT OF DEBTS AND EXPENSES
I direct that my just debts, funeral expenses and expenses of last illness be first paid from my estate.
ARTICLE !
DISPOSITION OF PROPERTY
A will is created for a "Willmaker". Enter the name of the Willmaker or edit the information as desired. Use the P.I. Manager to select and paste a record.
Enter the Willmaker's city or edit the information as desired.
Enter the Willmaker's state/province or edit the information as desired.
Enter an X to provide the name of the Willmaker's spouse. The program will then complete the spouse's name in the Simple Will where appropriate. No other opportunity is offered to provide the spouse's name. Press [Ctrl+F1] for more information regarding the rights of the spouse.
Enter the spouse's name or use the P.I. Manager to select and paste a record.
SWL02
! Optional Specific Bequests Section (2 of 13)
!. Specific Bequests. I direct that the following specific bequests be made from my estate.
! [Optional sentence] However, such bequests shall be made only if
! my spouse, !, does not survive me.
! my spouse, !, and my children do not survive me.
!. ! shall be distributed to !. If this beneficiary does not survive me, this bequest shall be
! distributed to !. If this beneficiary does not survive me, this bequest shall be added to my residuary estate.
! added to my residuary estate.
! [To include additional specific bequests.]
Enter an X if specific bequests will be included in the Simple Will. A specific bequest is a gift (bequest) of a specific item or asset to a named person or entity. For example, a wedding ring, $1,000, an antique, or a car. Press [Ctrl+F1] for more information.
Enter an X if the specific bequests should be made only if the Willmaker's spouse and/or children do not survive the Willmaker.
Enter an X if the specific bequests should be made only if the Willmaker's SPOUSE does not survive the Willmaker.
Enter an X if the specific bequests should be made only if the Willmaker's SPOUSE AND CHILDREN do not survive the Willmaker.
Enter an X to include the description of the specific bequest that will be distributed to the beneficiary.
Enter a description of the specific bequest to be made. For example, "$1,000", "My wild rose china" or "My 1957 Chevy".
Enter the name of the person or entity ("beneficiary") who will receive the specific bequest or use the P.I. Manager to select and paste a record.
Enter an X to provide the name of an alternate beneficiary, if the first choice does not survive the Willmaker.
Enter the alternate beneficiary's name or use the P.I. Manager to select and paste a record.
Enter an X if the specific bequest shall become a part of the residuary estate, if the first choice does not survive. The "residuary estate" is the remaining property of an estate after the debts, expenses, and specific bequests have been paid.
Enter an X to include additional specific bequests. The program permits a maximum of 16 specific bequests.
SWL03
! Continuation of Specific Bequests Section (2 of 13)
!. ! shall be distributed to !. If this beneficiary does not survive me, this bequest shall be
! distributed to !. If this beneficiary does not survive me, this bequest shall be added to my residuary estate.
! added to my residuary estate.
!. ! shall be distributed to !. If this beneficiary does not survive me, this bequest shall be
! distributed to !. If this beneficiary does not survive me, this bequest shall be added to my residuary estate.
! added to my residuary estate.
!. ! shall be distributed to !. If this beneficiary does not survive me, this bequest shall be
! distributed to !. If this beneficiary does not survive me, this bequest shall be added to my residuary estate.
! added to my residuary estate.
! [To include additional specific bequests.]
Enter an X to include an additional specific bequest.
Enter a description of the additional specific bequest. For example, "$1,000", "My wild rose china" or "My 1957 Chevy".
Enter the name of the person or entity ("beneficiary") who will receive the specific bequest or use the P.I. Manager to select and paste a record.
Enter an X to provide the name of an alternate beneficiary, if the first choice does not survive the Willmaker.
Enter the alternate beneficiary's name or use the P.I. Manager to select and paste a record.
Enter an X if the specific bequest shall become a part of the residuary estate, if the first choice does not survive. The "residuary estate" is the remaining property of an estate after the debts, expenses, and specific bequests have been paid.
Enter an X to include additional specific bequests. The program permits a maximum of 16 specific bequests.
SWL04
! Continuation of Specific Bequests Section (2 of 13)
!. ! shall be distributed to !. If this beneficiary does not survive me, this bequest shall be
! distributed to !. If this beneficiary does not survive me, this bequest shall be added to my residuary estate.
! added to my residuary estate.
!. ! shall be distributed to !. If this beneficiary does not survive me, this bequest shall be
! distributed to !. If this beneficiary does not survive me, this bequest shall be added to my residuary estate.
! added to my residuary estate.
!. ! shall be distributed to !. If this beneficiary does not survive me, this bequest shall be
! distributed to !. If this beneficiary does not survive me, this bequest shall be added to my residuary estate.
! added to my residuary estate.
! [To include additional specific bequests.]
Enter an X to include an additional specific bequest.
Enter a description of the additional specific bequest. For example, "$1,000", "My wild rose china" or "My 1957 Chevy".
Enter the name of the person or entity ("beneficiary") who will receive the specific bequest or use the P.I. Manager to select and paste a record.
Enter an X to provide the name of an alternate beneficiary, if the first choice does not survive the Willmaker.
Enter the alternate beneficiary's name or use the P.I. Manager to select and paste a record.
Enter an X if the specific bequest shall become a part of the residuary estate, if the first choice does not survive. The "residuary estate" is the remaining property of an estate after the debts, expenses, and specific bequests have been paid.
Enter an X to include additional specific bequests. The program permits a maximum of 16 specific bequests.
SWL05
! Continuation of Specific Bequests Section (2 of 13)
!. ! shall be distributed to !. If this beneficiary does not survive me, this bequest shall be
! distributed to !. If this beneficiary does not survive me, this bequest shall be added to my residuary estate.
! added to my residuary estate.
!. ! shall be distributed to !. If this beneficiary does not survive me, this bequest shall be
! distributed to !. If this beneficiary does not survive me, this bequest shall be added to my residuary estate.
! added to my residuary estate.
!. ! shall be distributed to !. If this beneficiary does not survive me, this bequest shall be
! distributed to !. If this beneficiary does not survive me, this bequest shall be added to my residuary estate.
! added to my residuary estate.
! [To include additional specific bequests.]
Enter an X to include an additional specific bequest.
Enter a description of the additional specific bequest. For example, "$1,000", "My wild rose china" or "My 1957 Chevy".
Enter the name of the person or entity ("beneficiary") who will receive the specific bequest or use the P.I. Manager to select and paste a record.
Enter an X to provide the name of an alternate beneficiary, if the first choice does not survive the Willmaker.
Enter the alternate beneficiary's name or use the P.I. Manager to select and paste a record.
Enter an X if the specific bequest shall become a part of the residuary estate, if the first choice does not survive. The "residuary estate" is the remaining property of an estate after the debts, expenses, and specific bequests have been paid.
Enter an X to include additional specific bequests. The program permits a maximum of 16 specific bequests.
SWL06
! Continuation of Specific Bequests Section (2 of 13)
!. ! shall be distributed to !. If this beneficiary does not survive me, this bequest shall be
! distributed to !. If this beneficiary does not survive me, this bequest shall be added to my residuary estate.
! added to my residuary estate.
!. ! shall be distributed to !. If this beneficiary does not survive me, this bequest shall be
! distributed to !. If this beneficiary does not survive me, this bequest shall be added to my residuary estate.
! added to my residuary estate.
!. ! shall be distributed to !. If this beneficiary does not survive me, this bequest shall be
! distributed to !. If this beneficiary does not survive me, this bequest shall be added to my residuary estate.
! added to my residuary estate.
! [To include additional specific bequests.]
Enter an X to include an additional specific bequest.
Enter a description of the additional specific bequest. For example, "$1,000", "My wild rose china" or "My 1957 Chevy".
Enter the name of the person or entity ("beneficiary") who will receive the specific bequest or use the P.I. Manager to select and paste a record.
Enter an X to provide the name of an alternate beneficiary, if the first choice does not survive the Willmaker.
Enter the alternate beneficiary's name or use the P.I. Manager to select and paste a record.
Enter an X if the specific bequest shall become a part of the residuary estate, if the first choice does not survive. The "residuary estate" is the remaining property of an estate after the debts, expenses, and specific bequests have been paid.
Enter an X to include additional specific bequests. The program permits a maximum of 16 specific bequests.
SWL07
! Continuation of Specific Bequests Section (2 of 13)
!. ! shall be distributed to !. If this beneficiary does not survive me, this bequest shall be
! distributed to !. If this beneficiary does not survive me, this bequest shall be added to my residuary estate.
! added to my residuary estate.
!. ! shall be distributed to !. If this beneficiary does not survive me, this bequest shall be
! distributed to !. If this beneficiary does not survive me, this bequest shall be added to my residuary estate.
! added to my residuary estate.
!. ! shall be distributed to !. If this beneficiary does not survive me, this bequest shall be
! distributed to !. If this beneficiary does not survive me, this bequest shall be added to my residuary estate.
! added to my residuary estate.
Enter an X to include an additional specific bequest,
Enter a description of the additional specific bequest. For example, "$1,000", "My wild rose china" or "My 1957 Chevy".
Enter the name of the person or entity ("beneficiary") who will receive the specific bequest or use the P.I. Manager to select and paste a record.
Enter an X to provide the name of an alternate beneficiary, if the first choice does not survive the Willmaker.
Enter the alternate beneficiary's name or use the P.I. Manager to select and paste a record.
Enter an X if the specific bequest shall become a part of the residuary estate, if the first choice does not survive. The "residuary estate" is the remaining property of an estate after the debts, expenses, and specific bequests have been paid.
SWL08
! Optional Personal Property Section (3 of 13)
!. Tangible Personal Property. Subject to the preceding provisions of this Will, I direct that all of my jewelry, clothing, personal items, furniture, household furnishings, automobile(s), and other items of tangible personal property be distributed to
! [SPOUSE option] my spouse, !.
! [CHILDREN option] my child(ren) in equal shares.
! [MULTIPLE BENEFICIARIES option: allows distribution among multiple named beneficiaries.]
Enter an X to include a section regarding specific instructions for the distribution of tangible personal property (for example, jewelry, furniture, cars, and other personal items). Specific bequests, if any were made, are excluded from these instructions. Press [Ctrl+F1] for more information.
Enter an X if the Willmaker's SPOUSE is the first choice to receive the tangible personal property.
Enter an X if the Willmaker's CHILDREN are the first choice to receive the tangible personal property. If a child dies before the Willmaker, the deceased child's children will receive the share that would have been distributed to the deceased child.
Enter an X if named beneficiaries (persons and/or entities) are the first choice to receive the tangible personal property.
SWL09
! Continuation of Personal Property Section (3 of 13) - No Surviving Spouse
[distribution of tangible personal property if spouse does not survive]
If my spouse does not survive me, my tangible personal property shall be distributed to
! [CHILDREN option] my child(ren) in equal shares.
! the beneficiaries of my residuary estate as part of my residuary estate.
! [MULTIPLE BENEFICIARIES option: allows distribution among multiple named beneficiaries.]
Enter an X if the tangible personal property should be distributed to the Willmaker's CHILDREN, if the spouse does not survive the Willmaker.
Enter an X if the tangible personal property should be added to the residuary estate, if the spouse does not survive the Willmaker.
Enter an X if the tangible personal property should be distributed to named beneficiaries (persons and/or entities) based on percentages, if the spouse does not survive the Willmaker.
SWL10
! Continuation of Personal Property Section (3 of 13) - No Surviving Children
[distribution of tangible personal property if children do not survive]
If a child of mine does not survive me, such deceased child's share shall be distributed in equal shares to the children of such deceased child who survive me, by right of representation. If a child of mine does not survive me and has no children who survive me, such deceased child's share shall be distributed in equal shares to my other child(ren), if any, or to their respective children by right of representation. If no child of mine survives me, and if none of my deceased child(ren) are survived by child(ren), my tangible personal property shall be distributed to
! the beneficiaries of my residuary estate.
! [MULTIPLE BENEFICIARIES option: allows distribution among multiple named beneficiaries.]
Enter an X if the tangible personal property should be added to the residuary estate, if the children and grandchildren do not survive the Willmaker.
Enter an X if the tangible personal property should be distributed to named beneficiaries if the children and grandchildren do not survive the Willmaker.
SWL11
! Continuation of Personal Property Section (3 of 13) - Multiple Beneficiaries
[distribution of the tangible personal property to named beneficiaries in equal shares or percentages; complete the following sentence "my tangible personal property shall be distributed to"] the following beneficiaries
! in equal shares:
! in the percentages as shown:
! [Named beneficiary]
! !% to
!, ! !
! Country: , !
! [Named beneficiary]
! !% to
!, ! !
! Country: , !
! [Named beneficiary]
! !% to
!, ! !
! Country: , !
! [Named beneficiary]
! !% to
!, ! !
! Country: , !
! [Named beneficiary]
! !% to
!, ! !
! Country: , !
! [Named beneficiary]
! !% to
!, ! !
! Country: , !
! [Named beneficiary]
! !% to
!, ! !
! Country: , !
! [Named beneficiary]
! !% to
!, ! !
! Country: , !
The share of any such beneficiary who does not survive me shall be added to my residuary estate.
[Percentages Total - !%]
Enter an X if the tangible personal property will be distributed in "equal shares" to named beneficiaries, rather than as "percentages".
Enter an X if the tangible personal property will be distributed in "percentages" to named beneficiaries, rather than in "equal shares".
Enter an X to specify the FIRST beneficiary who will receive tangible personal property.
Enter the percentage of the tangible personal property to be distributed to the beneficiary.
Enter the beneficiary's name or use the P.I. Manager to select and paste a record.
Enter the beneficiary's street address or edit the information as desired.
Enter the beneficiary's extended street address or edit the information as desired.
Enter the beneficiary's city or edit the information as desired.
Enter the beneficiary's state/province or edit the information as desired.
Enter the beneficiary's zip/postal code or edit the information as desired.
Enter an X to include the beneficiary's country, if outside the United States.
Enter the country or edit the information as desired.
Enter an X to specify the SECOND beneficiary who will receive tangible personal property.
Enter an X to specify the THIRD beneficiary who will receive tangible personal property.
Enter an X to specify the FOURTH beneficiary who will receive tangible personal property.
Enter an X to specify the FIFTH beneficiary who will receive tangible personal property.
Enter an X to specify the SIXTH beneficiary who will receive tangible personal property.
Enter an X to specify the SEVENTH beneficiary who will receive tangible personal property.
Enter an X to specify the EIGHTH beneficiary who will receive tangible personal property.
The percentages total is calculated by the program. It is very important that the percentages equal 100% if the tangible personal property is being distributed as "percentages", rather than "equal shares". No amount appears if the "equal shares" option was selected.
SWL12
! Residuary Estate Section (4 of 13)
!. Residuary Estate. I direct that my residuary estate be distributed to
! [SPOUSE option] my spouse, !.
! [CHILDREN option] my child(ren) in equal shares.
! [CHILDREN'S TRUST option] my Trustee, to be retained, managed and distributed under the provisions of Article III (Trust for Children).
! [NAMED BENEFICIARY option]
!, ! !
! Country: , !
! [HEIRS option] my heirs-at-law, their identities and respective shares to be determined under the laws of the State of ! then in effect relating to the succession of separate property that is not attributable to a predeceased spouse.
! [MULTIPLE BENEFICIARIES option: allows distribution among multiple named beneficiaries, including a spouse, children, and/or a children's trust.]
Enter an X if the residuary estate should be distributed to the Willmaker's SPOUSE.
Enter an X if the residuary estate should be distributed to the Willmaker's CHILDREN.
Enter an X if the residuary estate should be distributed to a TRUST for the Willmaker's children. Press [Ctrl+F1] for more information.
Enter an X if the residuary estate should be distributed to a NAMED BENEFICIARY (a person or entity).
Enter the NAMED BENEFICIARY's name or use the P.I. Manager to select and paste a record.
Enter the NAMED BENEFICIARY's street address or edit the information as desired.
Enter the NAMED BENEFICIARY's extended street address or edit the information as desired.
Enter the NAMED BENEFICIARY's city or edit the information as desired.
Enter the NAMED BENEFICIARY'S state/province or edit the information as desired.
Enter the NAMED BENEFICIARY's zip/postal code or edit the information as desired.
Enter an X to include the NAMED BENEFICIARY'S country, if outside the United States.
Enter the country or edit the information as desired.
Enter an X if the residuary estate should be distributed to the Willmaker's HEIRS.
The program completes the name of the state/province by transferring the information from a previous screen. If desired, you may modify the information without affecting earlier data. Press [Ctrl+F1] for more information.
Enter an X if the Willmaker's remaining assets should be distributed among several named beneficiaries (persons and/or entities).
SWL13
! Continuation of Residuary Estate Section (4 of 13) - No Surviving Spouse
[distribution of residuary estate if the spouse does not survive]
If my spouse does not survive me, my residuary estate shall be distributed to
! [CHILDREN option] my child(ren) in equal shares.
! [CHILDREN'S TRUST option] my Trustee, to be retained, managed and distributed under the provisions of Article III (Trust for Children).
! [NAMED BENEFICIARY option]
!, ! !
! Country: , !
! [HEIRS option] my heirs-at-law, their identities and respective shares to be determined under the laws of the State of ! then in effect relating to the succession of separate property that is not attributable to a predeceased spouse.
! [MULTIPLE BENEFICIARIES option: allows distribution among multiple named beneficiaries, including children and/or a children's trust.]
Enter an X if the residuary estate should be distributed to the Willmaker's CHILDREN, if the spouse does not survive the Willmaker.
Enter an X if the residuary estate should be distributed to a TRUST for the Willmaker's children, if the spouse does not survive the Willmaker. Press [Ctrl+F1] for more information.
Enter an X if the residuary estate should be distributed to a NAMED BENEFICIARY (a person or entity), if the spouse does not survive the Willmaker.
Enter the NAMED BENEFICIARY's name or use the P.I. Manager to select and paste a record.
Enter the NAMED BENEFICIARY's street address or edit the information as desired.
Enter the NAMED BENEFICIARY's extended street address or edit the information as desired.
Enter the NAMED BENEFICIARY's city or edit the information as desired.
Enter the NAMED BENEFICIARY'S state/province or edit the information as desired.
Enter the NAMED BENEFICIARY's zip/postal code or edit the information as desired.
Enter an X to include the NAMED BENEFICIARY'S country, if outside the United States.
Enter the country or edit the information as desired.
Enter an X if the residuary estate should be distributed to the Willmaker's HEIRS, if the spouse does not survive the Willmaker. Press [Ctrl+F1] for more information.
The program completes the name of the state/province by transferring the information from a previous screen. If desired, you may modify the information without affecting earlier data. Press [Ctrl+F1] for more information.
Enter an X if the residuary estate should be distributed to named beneficiaries (persons and/or entities) based on PERCENTAGES, if the spouse does not survive the Willmaker.
SWL14
! Continuation of Residuary Estate Section (4 of 13) - No Surviving Children
[distribution of residuary estate if the children do not survive]
If a child of mine does not survive me, such deceased child's share shall be distributed in equal shares to the children of such deceased child who survive me, by right of representation. If a child of mine does not survive me and has no children who survive me, such deceased child's share shall be distributed in equal shares to my other child(ren), if any, or to their respective children by right of representation. If no child of mine survives me, and if none of my deceased child(ren) are survived by child(ren), my residuary estate shall be distributed to
! [NAMED BENEFICIARY option]
!, ! !
! Country: , !
! [HEIRS option] my heirs-at-law, their identities and respective shares to be determined under the laws of the State of ! then in effect relating to the succession of separate property that is not attributable to a predeceased spouse.
! [MULTIPLE BENEFICIARIES option: allows distribution among multiple named beneficiaries.]
Enter an X if the residuary estate should be distributed to a NAMED BENEFICIARY (a person or entity), if the children do not survive the Willmaker.
Enter the NAMED BENEFICIARY's name or use the P.I. Manager to select and paste a record.
Enter the NAMED BENEFICIARY's street address or edit the information as desired.
Enter the NAMED BENEFICIARY's extended street address or edit the information as desired.
Enter the NAMED BENEFICIARY's city or edit the information as desired.
Enter the NAMED BENEFICIARY'S state/province or edit the information as desired.
Enter the NAMED BENEFICIARY's zip/postal code or edit the information as desired.
Enter an X to include the NAMED BENEFICIARY'S country, if outside the United States.
Enter the country or edit the information as desired.
Enter an X if the residuary estate should be distributed to the Willmaker's HEIRS, if the children do not survive the Willmaker. Press [Ctrl+F1] for more information.
The program completes the name of the state/province by transferring the information from a previous screen. If desired, you may modify the information without affecting earlier data. Press [Ctrl+F1] for more information.
Enter an X if the residuary estate should be distributed to named beneficiaries (persons and/or entities) based on PERCENTAGES, if the children do not survive the Willmaker.
SWL15
! Continuation of Residuary Estate Section (4 of 13) - No Surviving Named Beneficiary
[distribution of residuary estate if the named beneficiary does not survive]
If such beneficiary does not survive me, my residuary estate shall be distributed to
! [HEIRS option] my heirs-at-law, their identities and respective shares to be determined under the laws of the State of ! then in effect relating to the succession of separate property that is not attributable to a predeceased spouse.
! [MULTIPLE BENEFICIARIES option: allows distribution among multiple named beneficiaries, including a spouse, children, and/or a children's trust.]
Enter an X if the residuary estate should be distributed to the Willmaker's HEIRS, if the named beneficiary does not survive the Willmaker. Press [Ctrl+F1] for more information.
The program completes the name of the state/province by transferring the information from a previous screen. If desired, you may modify the information without affecting earlier data. Press [Ctrl+F1] for more information.
Enter an X if the residuary estate should be distributed to named beneficiaries (persons and/or entities) based on PERCENTAGES, if the named beneficiary does not survive the Willmaker.
SWL16
! Continuation of Residuary Estate Section (4 of 13) - Multiple Beneficiaries
[distribution of residuary estate to named beneficiaries in equal shares or percentages]
My residuary estate shall be distributed to the following beneficiaries
! in equal shares:
! in the percentages as shown:
! This check box is defaulted on. If the Spouse was named as the primary beneficiary of the residuary estate on screen 12, this check box will be turned off. The interview checks the status of this check box to determine whether to ask about the spouse on this screen.
! [Spouse option]
! !% to
my spouse, !. If my spouse does not survive me, this share shall be distributed
! to !,
!, !.
! in equal shares to the other distributee(s) listed under this provision.
! This check box is defaulted on. If the children were named as the beneficiary of the residuary estate on screen 12 or 13, this check box will be turned off. The interview checks the status of this check box to determine whether to ask about the children on this screen.
! [Children option]
! !% to
my child(ren) in equal shares. If a child of mine does not survive me, such deceased child's share shall be distributed in equal shares to the child(ren) of such deceased child who survived me by right of representation. If a child of mine does not survive me and has no children who survive me, such deceased child's share shall be distributed in equal shares to my other child(ren), if any, or to their respective children by right of representation. If no child of mine survives me, and if none of my deceased children are survived by children, this share shall be distributed
! to my heirs-at-law as determined under the laws of the State of !.
! to !,
!, !.
! in equal shares to the other distributee(s) listed under this provision.
! [Children's Trust option]
! !% to
my Trustee, to be retained, managed and distributed under the provisions of Article III (Trust for Children).
! [Named beneficiary option]
! !% to
!, !.
If this person or organization does not survive me or is not in existence, this share shall be distributed
! to !,
!, !.
! in equal shares to the other distributee(s) listed under this provision.
! [Named beneficiary option]
! !% to
!, !.
If this person or organization does not survive me or is not in existence, this share shall be distributed
! to !,
!, !.
! in equal shares to the other distributee(s) listed under this provision.
! [Named beneficiary option]
! !% to
!, !.
If this person or organization does not survive me or is not in existence, this share shall be distributed
! to !,
!, !.
! in equal shares to the other distributee(s) listed under this provision.
! [Named beneficiary option]
! !% to
!, !.
If this person or organization does not survive me or is not in existence, this share shall be distributed
! to !,
!, !.
! in equal shares to the other distributee(s) listed under this provision.
! [Named beneficiary option]
! !% to
!, !.
If this person or organization does not survive me or is not in existence, this share shall be distributed
! to !,
!, !.
! in equal shares to the other distributee(s) listed under this provision.
! [Named beneficiary option]
! !% to
!, !.
If this person or organization does not survive me or is not in existence, this share shall be distributed
! to !,
!, !.
! in equal shares to the other distributee(s) listed under this provision.
! [Named beneficiary option]
! !% to
!, !.
If this person or organization does not survive me or is not in existence, this share shall be distributed
! to !,
!, !.
! in equal shares to the other distributee(s) listed under this provision.
! [Named beneficiary option]
! !% to
!, !.
If this person or organization does not survive me or is not in existence, this share shall be distributed
! to !,
!, !.
! in equal shares to the other distributee(s) listed under this provision.
[Percentages Total - !]
f { =
Enter an X if the residuary estate will be distributed in "equal shares" to named beneficiaries, rather than as "percentages".
Enter an X if the residuary estate will be distributed in "percentages" to named beneficiaries, rather than as "equal shares".
Enter an X if a share or percentage of the residuary estate will be distributed to the Willmaker's spouse. You shouldn't enter an X if you have already designated the spouse as a beneficiary of the residuary estate.
Enter the percentage of the residuary estate to be distributed to the Willmaker's spouse.
Enter an X to include the name of a second person or institution ("alternate beneficiary") who will receive the share or percentage if the spouse does not survive the Willmaker.
Enter the alternate beneficiary's name or use the P.I. Manager to select and paste a record.
Enter the beneficiary's street address or edit the information as desired.
Enter the beneficiary's extended street address or edit the information as desired.
Enter the beneficiary's city or edit the information as desired.
Enter the beneficiary's state/province or edit the information as desired.
Enter an X if the share or percentage will be distributed in equal shares to the other distributee(s), if the spouse does not survive the Willmaker. This option should not be selected unless at least two beneficiaries will receive a share or percentage.
Enter an X if a share or percentage of the residuary estate will be distributed to the Willmaker's children. You shouldn't enter an X if you have already designated the child(ren) as a beneficiary of the residuary estate.
Enter the percentage of the residuary estate to be distributed to the Willmaker's children.
Enter an X if the children's share should be distributed to the Willmaker's HEIRS, if the children do not survive the Willmaker. Press [Ctrl+F1] for more information.
The program completes the name of the state/province by transferring the information from a previous screen. If desired, you may modify the information without affecting earlier data. Press [Ctrl+F1] for more information.
Enter an X to include the name of a second person or institution ("alternate beneficiary") who will receive the share or percentage if the children do not survive the Willmaker.
Enter an X if the share or percentage will be distributed in equal shares to the other distributee(s), if the children do not survive the Willmaker. This option should not be selected unless at least two beneficiaries will receive a share or percentage.
Enter an X if a share or percentage of the residuary estate will be distributed to the Trustee.
Enter the percentage of the residuary estate to be distributed to the Trustee.
Enter an X to specify the FIRST beneficiary who will receive part of the residuary estate.
Enter the percentage of the residuary estate to be distributed to the beneficiary.
Enter the name of the person or institution ("beneficiary") or use the P.I. Manager to select and paste a record.
Enter an X to include the name of a second person or institution ("alternate beneficiary") who will receive the share or percentage if the first beneficiary does not survive the Willmaker.
Enter an X if the share or percentage will be distributed in equal shares to the other distributee(s), if the named beneficiary does not survive the Willmaker. This option should not be selected unless at least two beneficiaries will receive a share or percentage.
Enter an X to specify the SECOND beneficiary who will receive part of the residuary estate.
Enter an X to specify the THIRD beneficiary who will receive part of the residuary estate.
Enter an X to specify the FOURTH beneficiary who will receive part of the residuary estate.
Enter an X to specify the FIFTH beneficiary who will receive part of the residuary estate.
Enter an X to specify the SIXTH beneficiary who will receive part of the residuary estate.
Enter an X to specify the SEVENTH beneficiary who will receive part of the residuary estate.
Enter an X to specify the EIGHTH beneficiary who will receive part of the residuary estate.
The percentages total is calculated by the program. It is very important that the percentages equal 100% if the residuary estate is being distributed as "percentages", rather than "equal shares". No amount appears if the "equal shares" option was selected.
#SWL17
! Continuation of Residuary Estate Section (4 of 13) - Trust for Children
ARTICLE !
TRUST FOR CHILDREN
!. Purpose. The primary purpose of this Trust is to provide for the health, support, maintenance, and education of
! my children:
Name: !
Name: !
Name: !
Name: !
Name: !
Name: !
Name: !
Name: !
Name: !
Name: !
! This Trust is also intended to include any other children born to me or adopted by me after the signing of this Will.
! any children born to me or adopted by me after the signing of this Will.
! my child, !.
! This Trust is also intended to include any other children born to me or adopted by me after the signing of this Will.
The provisions of this Trust also provide for the distribution of my residuary estate. If the Trustee is the beneficiary of any life insurance policy on my life, any pension plan or any other contract, the proceeds of such policy, plan or contract shall be treated by my Trustee as though received as a part of my residuary estate.
!. Use and Distribution. The Trustee, in the Trustee's unrestricted discretion, and regardless of the existence of other funds available for these purposes, shall pay or apply as much of the trust income and/or principal in such amounts and from time to time as the Trustee may determine for the benefit of my children. In making such payments or applications, the Trustee shall not be required to treat all children alike or equally, but shall take into consideration their respective needs. The Trustee's exercise of discretion with respect to such payments or applications shall be binding on all parties concerned. When all of my living children have attained the age of ! years or when the last of my children dies, whichever shall occur first, the remaining assets of this Trust shall be divided into as many equal shares as there are (i) children of mine who survive to the time of this division, and (ii) children of mine who predecease the time of this division leaving children (my "grandchildren") who survive to such time, and final distribution of such shares shall be made as follows.
! The shares shall be distributed to my surviving children (and/or surviving grandchildren, in the case of a deceased child, by right of representation) and this Trust shall then terminate.
! 1. Each child shall immediately receive one-third of his or her share.
2. Upon attaining age ! years, each child shall receive one-half of his or her remaining share.
3. Upon attaining age ! years, each child shall receive all of his or her remaining share.
Distributions to grandchildren, in the case of a deceased child (see Death of a Child section following), shall be made when such grandchild attains the same age(s) as required for my child(ren).
Prior to each child (or grandchild) receiving the final distribution of his or her share, the Trustee shall have the sole discretion to make advancements to such beneficiary, from that beneficiary's own share, based upon the same guidelines already provided in this section (Use and Distribution).
!. Death of a Child. If a child of mine dies prior to the time provided in Paragraph III(B) (Use and Distribution) for final distribution or prior to receiving all of his or her remaining trust share, the share (or remaining share) to which such deceased child would have been entitled had such child survived shall be distributed in equal shares to the children of such deceased child (my "Grandchildren") who are living at the time for such (full or partial) distribution as scheduled in Paragraph III(B) (Use and Distribution), by right of representation. If a child of mine so dies without any surviving children, such share shall be distributed in equal shares to my other children, or to their respective descendants by right of representation. If no child of mine survives to age ! years, upon the death of the last of my children, the Trustee shall distribute the remaining trust assets in equal shares to the surviving descendants of my children. If no child of mine survives to age ! years, and if none of my children have surviving descendants, the Trustee shall distribute the remaining trust assets in the manner set forth in Paragraph III(D) (No Surviving Descendants). Upon the death of a child of mine under the circumstances contemplated by this Paragraph III(C), the Trustee, in the Trustee's discretion, may pay the expenses of last illness, funeral, and related expenses of such deceased child from trust assets.
Enter an X to include the names of the Willmaker's children.
Enter the name of the first child or use the P.I. Manager to select and paste a record.
Enter the name of the second child or use the P.I. Manager to select and paste a record.
Enter the name of the third child or use the P.I. Manager to select and paste a record.
Enter the name of the fourth child or use the P.I. Manager to select and paste a record.
Enter the name of the fifth child or use the P.I. Manager to select and paste a record.
Enter the name of the sixth child or use the P.I. Manager to select and paste a record.
Enter the name of the seventh child or use the P.I. Manager to select and paste a record.
Enter the name of the eighth child or use the P.I. Manager to select and paste a record.
Enter the name of the ninth child or use the P.I. Manager to select and paste a record.
Enter the name of the tenth child or use the P.I. Manager to select and paste a record.
Enter an X to include future children as beneficiaries of the trust.
Enter an X if the Willmaker does not currently have children, but wants the trust to provide for that possibility.
Enter an X if the Willmaker only has one child that will be included as a beneficiary of the trust.
Enter the name of the child or use the P.I. Manager to select and paste a record.
Enter the age that the youngest child of the Willmaker should attain before final distribution of the trust assets will begin. Press [Ctrl+F1] for more information.
Enter an X if the final distribution of the trust shall be made in equal shares to all of the Willmaker's children who are living at the time of final distribution. The children of a deceased child, the Willmaker's grandchildren, will receive the share of their parent.
Enter an X if the final distribution of the trust shall be made in equal shares to the children at three staggered times. The "first one-third" will be paid immediately.
Enter the age at which each child shall receive the "second one-third" of his or her share of the trust. Note: this second one-third is stated as "one-half of the remaining share". The age should not be less than the age previously entered as the age of the youngest child when final distribution will begin.
Enter the age at which each child shall receive the "last one-third" of his or her remaining share of the trust. The age should not be less than the age previously entered as the age for receiving the "second" distribution.
(8,SWL18
! Continuation of Residuary Estate Section (4 of 13) - Trust for Children
!. No Surviving Descendants. If my children and all of my descendants fail to survive my death, or if all of my children fail to attain age ! years and are not survived by children or descendants, the remaining trust assets shall be distributed to
! [Heirs-at-law option] the following beneficiaries in the percentages as shown:
! !% to the persons who would have been entitled to the assets of my estate under the laws of ! if I had died Intestate.
! !% to the persons who would have been entitled to the assets of my spouse's estate under the laws of ! if my spouse had died Intestate.
[Percentages Total - !%]
! [Named beneficiaries option] the following beneficiaries
! in equal shares:
! in the percentages as shown:
! [Named beneficiary]
! !% to
!, ! !
! Country: , !
! [Named beneficiary]
! !% to
!, ! !
! Country: , !
! [Named beneficiary]
! !% to
!, ! !
! Country: , !
! [Named beneficiary]
! !% to
!, ! !
! Country: , !
! [Named beneficiary]
! !% to
!, ! !
! Country: , !
! [Named beneficiary]
! !% to
!, ! !
! Country: , !
! [Named beneficiary]
! !% to
!, ! !
! Country: , !
! [Named beneficiary]
! !% to
!, ! !
! Country: , !
[Percentages Total - !]
Enter an X if remaining trust assets should be distributed to the heirs-at-law of the Willmaker and/or the Willmaker's spouse. Heirs-at-law are the persons who would be entitled to the assets of the Willmaker's or the Willmaker's spouse's estate if either of them died Intestate (without leaving a valid Will).
Enter an X if all or a part of the remaining trust assets should be distributed to the heirs-at-law of the Willmaker.
Enter the percentage of the remaining trust assets, if any, that should be distributed to the heirs-at-law of the Willmaker.
Enter an X if all or a part of the remaining trust assets should be distributed to the heirs-at-law of the Willmaker's spouse.
Enter the percentage of the remaining trust assets, if any, that should be distributed to the heirs-at-law of the Willmaker's spouse.
The percentages total is calculated by the program. The percentages should add up to 100.00%
Enter an X if the remaining trust assets will be distributed to named beneficiaries.
Enter an X if the remaining trust assets will be distributed in "equal shares" to named beneficiaries, rather than as "percentages".
Enter an X if the remaining trust assets will be distributed in "percentages" to named beneficiaries, rather than as "equal shares".
Enter an X to specify the FIRST beneficiary who will receive part of the residuary trust assets.
Enter the percentage of the remaining trust assets to be distributed to the beneficiary.
Enter the name of the beneficiary (the person or institution who will receive part of the assets) or use the P.I. Manager to select and paste a record.
Enter the beneficiary's street address or edit the information as desired.
Enter the beneficiary's extended street address or edit the information as desired.
Enter the beneficiary's city or edit the information as desired.
Enter the beneficiary's state/province or edit the information as desired.
Enter the beneficiary's zip/postal code or edit the information as desired.
Enter an X to include the beneficiary's country, if outside the United States.
Enter the country or edit the information as desired.
Enter an X to specify the SECOND beneficiary who will receive part of the residuary trust assets.
Enter an X to specify the THIRD beneficiary who will receive part of the residuary trust assets.
Enter an X to specify the FOURTH beneficiary who will receive part of the residuary trust assets.
Enter an X to specify the FIFTH beneficiary who will receive part of the residuary trust assets.
Enter an X to specify the SIXTH beneficiary who will receive part of the residuary trust assets.
Enter an X to specify the SEVENTH beneficiary who will receive part of the residuary trust assets.
Enter an X to specify the EIGHTH beneficiary who will receive part of the residuary trust assets.
The percentages total is calculated by the program. It is very important that the percentages equal 100% if the residuary estate is being distributed as "percentages", rather than "equal shares". No amount appears if the "equal shares" option was selected.
SWL19
! Continuation of Residuary Estate Section (4 of 13) - Trust For Children
!. Protection of Beneficiaries. The interest of any beneficiary under this Trust shall not be subject to assignment, anticipation, claims of creditors, or seizure by legal process. If the Trustee believes that the interest of any beneficiary is threatened to be diverted in any manner from the purposes of this Trust, the Trustee shall withhold the income and principal from distribution, and shall apply payment in the Trustee's discretion in such manner as the Trustee believes shall contribute to the health, support, maintenance, and education of the beneficiaries. When the Trustee is satisfied that such diversion is no longer effective or threatened, the Trustee may resume the distributions of income and principal authorized.
!. Nomination of Trustee.
! [Sole Trustee Option]
I nominate !, of !, !, as the Trustee,
! with bond.
! without bond.
! If such person or entity does not serve for any reason, I nominate !, of
!, !, to be the Trustee,
! with bond.
! without bond.
! [Co-Trustee option]
I nominate !, of !, !, and !, of
!, !, as Co- Trustees,
! with bond.
! without bond.
If one of the above nominees does not serve for any reason,
! the remaining nominee shall serve as sole Trustee,
! with bond.
! without bond.
! I nominate !, of !, !, as Co-Trustee,
! with bond.
! without bond.
Enter an X to choose a Sole Trustee (rather than Co-Trustees). The Trustee is the person or entity who manages the trust assets and makes distributions in accordance with the terms of the trust for the minor children. Press [Ctrl+F1] for more information.
Enter the Trustee's name or use the P.I. Manager to select and paste a record.
Enter the Trustee's city or edit the information as desired.
Enter the Trustee's state/province or edit the information as desired.
Enter an X if the Trustee shall serve with bond. The purpose of a bond is to protect the trust if the Trustee misappropriates the trust assets. A bond is often not necessary if a bank is chosen as the Trustee. As bonds are expensive, you may wish not to require one.
Enter an X if the Trustee shall serve without bond. Most persons do not require that the Trustee be bonded, particularly if the Trustee is a bank. You may wish to check with an attorney regarding the usual practice in your state and the risks of not requiring a bond.
Enter an X to choose an Alternate Trustee. It is advisable to select an alternate to provide for the possibility that the first choice will be unable to serve.
Enter the Alternate Trustee's name or use the P.I. Manager to select and paste a record.
Enter the Alternate Trustee's city or edit the information as desired.
Enter the Alternate Trustee's state/province or edit the information as desired.
Enter an X if the Alternate Trustee shall serve with bond. The purpose of a bond is to protect the trust if the Trustee misappropriates the trust assets. A bond is often not necessary if a bank is chosen as the Alternate Trustee. As bonds are expensive, you may wish not to require one.
Enter an X if the Alternate Trustee shall serve without bond. Most persons do not require that the Alternate Trustee be bonded, especially the Trustee is a bank. You may wish to check with an attorney regarding the usual practice in your state and the risks of not requiring a bond.
Enter an X to choose Co-Trustees (rather than a sole Trustee). The Willmaker may wish to name the Guardian and a bank as Co-Trustees, or the Guardian and another person. A Trustee is the person or entity who manages the trust assets and makes distributions. Press [Ctrl+F1] for more information.
Enter the Co-Trustee's name or use the P.I. Manager to select and paste a record.
Enter the second Co-Trustee's name or use the P.I. Manager to select and paste a record.
Enter an X if the Co-Trustees shall serve with bond. The purpose of a bond is to protect the trust if the Trustee misappropriates the trust assets. A bond is often not necessary if a bank is chosen as the Trustee. Bonds are expensive, you may wish not to require one.
Enter an X if the Co-Trustees shall serve without bond. Most persons do not require that the Trustee be bonded, particularly if the Trustee is a bank. You may wish to check with an attorney regarding the usual practice in your state and the risks of not requiring a bond.
Enter an X if a Co-Trustee shall serve as sole Trustee if the other Co-Trustee does not serve for any reason.
Enter an X if the remaining Co-Trustee shall serve with bond.
Enter an X if the remaining Co-Trustee shall serve without bond.
Enter an X to choose an Alternate Trustee, who will serve as a replacement Trustee if one of the Co-Trustees is unable to serve.
Enter an X if the Alternate Trustee shall serve with bond. The purpose of a bond is to protect the trust if the Alternate Trustee misappropriates the trust assets. A bond is often not necessary if a bank is chosen as the Alternate Trustee. Bonds are expensive, you may wish not to require one.
Enter an X if the Alternate Trustee shall serve without bond. Most persons do not require that the Alternate Trustee be bonded, especially if the Trustee is a bank. You may wish to check with an attorney regarding the usual practice in your state and the risks of not requiring a bond.
SWL20
EXECUTOR
! Executor Section (5 of 13)
ARTICLE !
NOMINATION OF !
! [Sole executor option]
I nominate !, of
!, !, as the !,
! with bond.
! without bond.
! If such person or entity does not serve for any reason, I nominate !, of !, !, to be the !,
! with bond.
! without bond.
! [Co-executor option]
I nominate !, of
!, !, and !, of !, !, as Co-!,
! with bond.
! without bond.
If one of the above nominees does not serve for any reason,
! the remaining nominee shall serve as sole !
! with bond.
! without bond.
! I nominate !, of !, !, as Co-!,
! with bond.
! without bond.
Enter either the term "Executor" or "Personal Representative". The decision as to which term to use is primarily personal. The hints will use the more familiar term "Executor".
Enter an X to choose a sole Executor (rather than Co-Executors). Press [Ctrl+F1] for more information.
Enter the Executor's name or use the P.I. Manager to select and paste a record.
Enter the Executor's city or edit the information as desired.
Enter the Executor's state/province or edit the information as desired.
Enter an X if the Executor shall serve with bond. The purpose of a bond is to protect the estate if the Executor misappropriates the estate assets. A bond is often not necessary if a bank is chosen as the Executor. As bonds are expensive, you may wish not to require one.
Enter an X if the Executor shall serve without bond. Most persons do not require that the Executor be bonded, particularly if the Executor is a bank. You may wish to check with an attorney regarding the usual practice in your state and the risks of not requiring a bond.
Enter an X to choose an Alternate Executor. It is advisable to select an alternate to provide for the possibility that the first choice will be unable to serve.
Enter the Alternate Executor's name or use the P.I. Manager to select and paste a record.
Enter an X if the Alternate Executor shall serve with bond. The purpose of a bond is to protect the estate if the Alternate Executor misappropriates the estate assets. A bond is often not necessary if a bank is chosen as the Alternate Executor. As bonds are expensive, you may wish not to require one.
Enter an X if the Alternate Executor shall serve without bond. Most persons do not require that the Alternate Executor be bonded, particularly if the Alternate Executor is a bank. You may wish to check with an attorney regarding the usual practice in your state and the risks of not requiring a bond.
Enter an X to choose Co-Executors (rather than a sole executor). Some states require (or at least prefer) that at least one executor be a resident of that state. Choosing Co-Executors may allow the Willmaker to include a person who is not a resident. Press [Ctrl+F1] for more information.
Enter the first Co-Executor's name or use the P.I. Manager to select and paste a record.
Enter the second Co-Executor's name or use the P.I. Manager to select and paste a record.
Enter an X if the Co-Executors shall serve with bond. The purpose of a bond is to protect the estate if the Co-Executors misappropriate the estate assets. A bond is often not necessary if a bank is chosen as a Co-Executor. As bonds are expensive, you may wish not to require one.
Enter an X if the Co-Executors shall serve without bond. Most persons do not require that the Co-Executors be bonded, especially if one of the Co-Executors is a bank. You may wish to check with an attorney regarding the usual practice in your state and the risks of not requiring a bond.
Enter an X if the remaining Co-Executor shall serve as Sole Executor if the other Co-Executor is unable to serve for some reason.
Enter an X if the remaining Co-Executor shall serve as Sole Executor with bond.
Enter an X if the remaining Co-Executor shall serve as Sole Executor without bond.
Enter an X to name a replacement Co-Executor if one of the Co-Executors is unable to serve.
Enter the replacement Co-Executor's name or use the P.I. Manager to select and paste a record.
Enter the replacement Co-Executor's city or edit the information as desired.
Enter the replacement Co-Executor's state/province or edit the information as desired.
Enter an X if the replacement Co-Executor shall serve with bond. The purpose of a bond is to protect the estate if the Executor misappropriates the estate assets. A bond is often not necessary if a bank is chosen as the Co-Executor. As bonds are expensive, you may wish not to require one.
Enter an X if the replacement Co-Executor shall serve without bond. Most persons do not require the Executor to be bonded, particularly if the Co-Executor is a bank. You may wish to check with an attorney regarding the usual practice in your state and the risks of not requiring a bond.
EXECUTOR
Executor
Personal Representative
SWL21
! Optional Guardian Section (6 of 13)
ARTICLE !
NOMINATION OF GUARDIAN
! [optional first phrase] If my spouse fails to survive me,
! [Sole guardian option]
I nominate !, of
!, !, to serve as the Guardian of my surviving children who are minors at the time of my death.
! If such person is unable to serve as Guardian, I nominate !, of !, !, to serve as the Guardian.
! [Co-Guardians option]
I nominate !, of
!, !, and !, of !, !, to serve as Guardians of my surviving children who are minors at the time of my death.
If the above nominees are unable to serve as Guardians together,
! I nominate !, of !, !, to serve as the sole Guardian.
! I nominate !, of !, !, and !, of !, !, to serve as Guardians.
Enter an X to include a section that provides for the selection of a guardian, a person who will have custody of the Willmaker's minor children, if a natural guardian or parent is not available. The choice of a guardian will not have priority over the custody rights of a parent.
Enter an X if the Willmaker's spouse is the child(ren)'s current parent or legal guardian. Because that person will normally retain guardian rights upon the death of the Willmaker, the choice of a guardian is only necessary if that spouse predeceases the Willmaker.
Enter an X to choose a sole Guardian (rather than Co-Guardians). Press [Ctrl+F1] for more information.
Enter the Guardian's name or use the P.I. Manager to select and paste a record.
Enter the Guardian's city or edit the information as desired.
Enter the Guardian's state/province or edit the information as desired.
Enter an X to choose an Alternate Guardian. It is advisable to select an alternate to provide for the possibility that the first choice will be unable to serve.
Enter the Alternate Guardian's name or use the P.I. Manager to select and paste a record.
Enter an X to choose Co-Guardians (rather than a sole Guardian). Press [Ctrl+F1] for more information.
Enter the first Co-Guardian's name or use the P.I. Manager to select and paste a record.
Enter the second Co-Guardian's name or use the P.I. Manager to select and paste a record.
Enter the second Co-Guardian's city or edit the information as desired.
Enter the Co-Guardian's state/province or edit the information as desired.
Enter an X to select an alternate who will serve as a replacement Guardian, if one or both of the Co-Guardians are unable to serve.
Enter an X to select Alternate Co-Guardians who will serve as replacement Co-Guardians, if one or both of the Co-Guardians are unable to serve.
Enter the Alternate Co-Guardian's name or use the P.I. Manager to select and paste a record.
Enter the second Alternate Co-Guardian's name or use the P.I. Manager to select and paste a record.
SWL22
! Powers Section (7 of 13)
! [The following paragraph is required if a Children's Trust IS NOT included in the Will.]
ARTICLE !
! POWERS
My !, in addition to other powers and authority granted by law or necessary or appropriate for proper administration, shall have the right and power to lease, sell, mortgage, or otherwise encumber any real or personal property that may be included in my estate, without order of court and without notice to anyone.
! [The following paragraph is required if a Children's Trust IS included in the Will.]
ARTICLE !
! AND TRUSTEE POWERS
My !, with respect to my estate, and my Trustee with respect to my trust, in addition to other powers and authority granted by law or necessary or appropriate for proper administration, shall have the following rights, powers, and authority without order of court and without notice to anyone.
This radio button will be selected if you indicated that a Children's Trust will not be included in the Will. Press [Ctrl+F1] for more information.
This radio button will be selected if you indicated that a Children's Trust will be included in the Will. Press [Ctrl+F1] for more information.
SWL23
! Continuation of Powers Section (7 of 13) - Trustee Powers
!. Receive Assets. To receive, hold, maintain, administer, collect, invest and re-invest the estate and trust assets, and collect and apply the income, profits, and principal of the estate and trust in accordance with the terms of this instrument.
!. Receive Additional Assets. To receive additional assets from other sources, including assets received under the Wills of other persons.
!. Standard of Care. To acquire, invest, reinvest, exchange, retain, sell, and manage estate and trust assets, exercising the judgment and care, under the circumstances then prevailing, that persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. Within the limitations of that standard, the Executor and Trustee are authorized to acquire and retain every kind of property, real, personal or mixed, and every kind of investment, specifically including, but not by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or common, that persons of prudence, discretion and intelligence acquire or retain for their own account, even though not otherwise a legal investment for trust funds under the laws and statutes of the United States or the state under which this instrument is administered.
!. Retain Assets. To retain any asset, including uninvested cash or original investments, regardless of whether it is of the kind authorized by this instrument for investment and whether it leaves a disproportionately large part of the estate or trust invested in one type of property, for as long as the Executor or Trustee deems advisable.
!. Dispose of or Encumber Assets. To sell, option, mortgage, pledge, lease or convey real or personal property, publicly or privately, upon such terms and conditions as may appear to be proper, and to execute all instruments necessary to effect such authority.
!. Settle Claims. To compromise, settle, or abandon claims in favor of or against the estate or trust.
!. Manage Property. To manage real estate and personal property, borrow money, exercise options, buy insurance, and register securities as may appear to be proper.
!. Allocate Between Principal and Income. To make allocations of charges and credits as between principal and income as in the sole discretion of the Executor or Trustee may appear to be proper.
!. Employ Professional Assistance. To employ and compensate counsel and other persons deemed necessary for proper administration and to delegate authority when such delegation is advantageous to the estate or trust.
!. Distribute Property. To make division or distribution in money or kind, or partly in either, at values to be determined by the Executor or Trustee, and the judgment of either in such respect shall be binding upon all interested parties.
!. Enter Contracts. To bind the estate or trust by contracts or agreements without assuming individual liability for such contracts.
!. Exercise Stock Ownership Rights. To vote, execute proxies to vote, join in or oppose any plans for reorganization, and exercise any other rights incident to the ownership of any stocks, bonds or other properties of the estate or trust.
!. Duration of Powers. To continue to exercise the powers provided in this Article notwithstanding the termination of the trust until all the assets of the trust have been distributed.
SWL24
! Continuation of Powers Section (7 of 13) - Additional Trustee/Executor Powers
!. Joint Tax Returns. To join with my Spouse in filing any income tax return for any year in which such jointer is permitted by law and to pay all or such ratable share of any taxes as is deemed proper, and to consent to any gifts made by my Spouse during my lifetime as having been made one-half by me for the purpose of any gift tax law, and the exercise of such authority shall be binding and conclusive on all persons.
!. Hold Trust Assets as a Single Fund. To hold the assets of the trust, shares, or portions of the trust created by this instrument as a single fund for joint investment and management, without the need for physical segregation, dividing the income proportionately among them. Segregation of the various trust shares need only be made on the books of the Trustee for accounting purposes.
!. Compensation. To receive reasonable compensation for their services under this Will and be exonerated from and to pay all reasonable expenses and charges of the estate and trust.
!. Loans to Beneficiaries. To make loans to any trust beneficiary for the purpose of providing the beneficiary with the funds necessary to take advantage of exceptional business opportunities; to make loans to trust beneficiaries to provide for the needs of the beneficiaries and their families.
!. Methods of Distribution. To make payments to or for the benefit of any beneficiary (specifically including any beneficiary under any legal disability) in any of the following ways: (a) directly to the beneficiary; (b) directly for the maintenance, welfare and education of the beneficiary; (c) to the legal or natural guardian of the beneficiary; or (d) to anyone who at the time shall have custody and care of the person of the beneficiary. The Executor or Trustee shall not be obliged to see the application of the funds so paid, but the receipt of the person to whom the funds were paid shall be full acquittance of the Executor or Trustee.
!. Continue Operation of Business. To carry on any business owned by me or in which I may have an interest for such period of time as my Executor and/or Trustee shall deem advisable, or to sell or liquidate such business interest.
Enter an X to authorize the Executor to sign joint tax returns with the Willmaker's surviving spouse.
Enter an X to authorize the Executor and/or Trustee to hold trust assets as a single fund, but with separate shares for each beneficiary.
Enter an X to provide that the Executor and Trustee are entitled to reasonable compensation.
Enter an X to authorize the Trustee to make loans to the trust beneficiaries.
Enter an X to authorize the Executor and Trustee to make distributions for the benefit of a beneficiary directly to the source that needs to be paid. For example, distributions to a college for the benefit of a child who is nineteen years old.
Enter an X to authorize the Executor and/or Trustee to continue the operation of the Willmaker's business, if to do so seems appropriate.
SWL25
! Miscellaneous Provisions Section (8 of 13)
ARTICLE !
MISCELLANEOUS PROVISIONS
!. Paragraph Titles and Gender. The titles given to the paragraphs of this Will are inserted for reference purposes only and are not to be considered as forming a part of this Will in interpreting its provisions. All words used in this Will in any gender shall extend to and include all genders and in numbers when the context or facts so require, and any pronouns shall be taken to refer to the person or persons intended regardless of gender or number.
!. Thirty Day Survival Requirement. For the purposes of determining the appropriate distributions under this Will, no person or organization shall be deemed to have survived me, unless such person or entity is also surviving on the thirtieth day after the date of my death.
!. Common Disaster. If my spouse and I die under circumstances such that there is no clear or convincing evidence as to the order of our deaths, or if it is difficult or impractical to determine which person survived the death of the other person, it shall, for the purpose of distribution of my life insurance, property passing under any Trust or other contracts, if any, and property passing under this Will, be conclusively presumed that I
! predeceased the death of my spouse, and notwithstanding any other provision of this Will, my spouse (or my spouse's estate as the case may be) shall receive the distribution to which my spouse would otherwise be entitled to receive without regard to a survivorship requirement, if any.
! survived the death of my spouse.
!. Independent Administration. The only court action that shall be taken with respect to the settlement of my estate shall be the probating and recording of the Will, and the return of an inventory, appraisement, and list of claims of my estate.
Enter an X to include a provision which requires that beneficiaries survive the Willmaker by 30 days in order to receive distributions under this Will.
Enter an X to include a provision which specifies the order of death between the Willmaker and the Willmaker's spouse. When estate tax planning is an important consideration, it is common to provide that the spouse with the smaller estate is deemed to survive in the event of simultaneous death.
Enter an X if the Willmaker should be presumed to die before the Willmaker's spouse, allowing the spouse's estate to receive any distributions under the Will that the spouse would have received.
Enter an X if the Willmaker's spouse should be presumed to die before the Willmaker.
Enter an X if the Will will be administered in Texas, and if the Willmaker desires to take advantage of Texas laws that greatly reduce the involvement of the courts in the settlement of the estate. Consult an attorney if you need additional information.
Texas,TX,Tex,Tex.,Tx.
SWL26
! Optional Spouse Identity Section (9 of 13)
!. Spouse.
! I am married to ! and all references in this Will to "my spouse" are references to !.
! I am married to ! and the failure of this Will to provide for any distribution to ! is intentional.
! I am not currently married to anyone.
This optional section clarifies the Willmaker's marital status, and his or her intentions regarding the inclusion or exclusion of the Willmaker's spouse in this Will. It is recommended that this section be included. Press [Ctrl+F1] for more information regarding the rights of a spouse.
Enter an X if the Willmaker is married, and if the Simple Will includes provisions for the benefit of the Willmaker's spouse. Press [Ctrl+F1] for more information regarding the rights of a spouse.
Enter an X if the Willmaker is married, but the Simple Will excludes the Willmaker's spouse from receiving distributions from the estate. Press [Ctrl+F1] for more information regarding the rights of a spouse.
Enter an X if the Willmaker is not married. Press [Ctrl+F1] for more information regarding the rights of a spouse.
SWL27
! Optional Children Identity Section (10 of 13)
!. Children.
! I do not have any children at the time of the signing of this Will.
! However, all references in this Will to "my child" or "my children" include any child(ren) born to or adopted by me after the signing of this Will.
! The name of my child is !.
! The names of my children are:
Name: !
Name: !
Name: !
Name: !
Name: !
Name: !
Name: !
Name: !
Name: !
Name: !
! Turn this check box off if Willmaker has no children.
! All references in this Will to "my child" or "my children" include the above child (or children) and any other children born to or adopted by me after the signing of this Will.
! The failure of this Will to provide for any distribution to
This optional section provides clarification regarding the Willmaker's children, if any. It is recommended that this section be included if the Willmaker has children.
Enter an X if the Willmaker has no children.
Enter an X if the Willmaker intends any references to the Willmaker's child(ren) in the Will to apply to any future children of the Willmaker.
Enter an X if the Willmaker has only one child.
Enter the child's name or use the P.I. Manager to select and paste a record. If you chose the CHILDREN'S TRUST option the program transfers the name from the Children's Trust section.
Enter an X if the Willmaker has more than one child.
Enter an X if the Willmaker's present and future child(ren) are included as beneficiaries in the Simple Will.
Enter an X if the Willmaker's child(ren) are not included as beneficiaries in the Simple Will.
Enter an X if the Willmaker wishes to exclude one child from the Will.
The program transfers the child's name from above if you indicated that the Willmaker has only one child. You may enter a different name if the Willmaker has two or more children, but wishes to exclude only one child from the Will.
Enter an X if the Willmaker wishes to exclude several children from the Will.
Enter an X to intentionally exclude this child from receiving any distribution from this Will. Only the children with an X by their names will be excluded.
SWL28
! Optional Exclusion Section (11 of 13)
!. Intentional Exclusion. The failure of this Will to provide for any distribution to the following person(s) or organization(s) is intentional:
Enter an X to include a section that allows the Willmaker to state the names of persons or organizations who will be excluded intentionally from receiving distributions from the Willmaker's estate. Press [Ctrl+F1] for more information.
Use this space to list any individuals or organizations who will be specifically excluded from receiving any part of the Willmaker's estate under this Will.
SWL29
! Optional Beneficiary Disputes Section (12 of 13)
!. Beneficiary Disputes. If any bequest requires that the bequest be distributed between or among two or more beneficiaries, the specific items of property comprising the respective shares shall be determined by such beneficiaries if they can agree, and if not, by my !.
Enter an X to include a paragraph regarding the resolution of disputes between beneficiaries if the beneficiaries cannot resolve the problems themselves.
SWL30
! Signature Section (13 of 13) - Willmaker
[This Will is being signed in the state of !]
IN WITNESS WHEREOF, I have subscribed my name below, this _____ day of _________________, 19___.
If the Willmaker is physically unable to sign the Will, he or she may request that someone sign on his or her behalf. Enter an X if someone else will sign on behalf of the Willmaker. If you have any questions about someone signing for the Willmaker, a lawyer should be contacted.
If known, enter the name of person who will sign the Will on behalf of the Willmaker or use the P.I. Manager to select and paste a record. If the name is not known, this field may be left blank and be completed when the Will is signed.
California
SWL31
! Continuation of Signature Section (13 of 13) - Witnesses
We, the undersigned, hereby certify that the above instrument, which consists of ! pages, including the page(s) which contain the witness signatures, was signed in our sight and presence by ! (the "Testator"), who declared this instrument to be his/her Last Will and Testament and we, at the Testator's request and in the Testator's sight and presence, and in the sight and presence of each other, do hereby subscribe our names and addresses as witnesses on the date shown above.
If known, enter the number of pages in the Will (for example, "8", or "eight"). The number of pages should include the page on which the witness signature lines appear, but not the page with the affidavit. This field may be left blank and be completed when the Will is signed.
Enter the FIRST witness' name or use the P.I. Manager to select and paste a record. The following information regarding the name and address of the witness may be left blank and be completed when the document is signed. Three witnesses are recommended, even though many states only require two.
Enter the witness' street address or edit the information as desired.
Enter the witness' extended street address or edit the information as desired.
Enter the witness' city or edit the information as desired.
Enter the witness' state/province or edit the information as desired.
Enter the witness' zip/postal code or edit the information as desired.
Enter an X to include the witness' country, if outside the United States.
Enter the country or edit the information as desired.
Enter the SECOND witness' name or use the P.I. Manager to select and paste a record. The following information regarding the name and address of the witness may be left blank and be completed when the document is signed.
Enter an X to include the name of a third witness. Three witnesses are recommended, even though only two are required. The signature of a third witness provides some protection in case one of the witness signatures is declared invalid for some reason. Press [Ctrl+F1] for more information.
Enter the name of the THIRD witness or use the P.I. Manager to select and paste a record. The following information regarding the name and address of the witness may be left blank and be completed when the document is signed.
Enter an X to include the witness' country if outside the United States.
SWL32
! Continuation of Signature Section (13 of 13) - Affidavit
[This self-proving affidavit is not required for California wills. For further explanation, access Document Information.]
AFFIDAVIT
STATE OF __________________________
COUNTY OF _________________________
Before me, the undersigned, on this day personally appeared !,
! and
! and !,
known to me to be the Testator and the witnesses, respectively, whose names are signed to the foregoing instrument. All of these persons were first duly sworn by me. !, the Testator, declared to me and to the witnesses, in my presence, that the foregoing instrument is the Testator's Will and that the Testator willingly signed and executed such instrument (or expressly directed another person to sign the instrument for the Testator in the Testator's presence) in the presence of the witnesses, as the Testator's free and voluntary act for the purposes expressed in the instrument. Each of the witnesses declared in the presence and hearing of the Testator that the foregoing instrument was executed and acknowledged by the Testator as the Testator's Will in their presence and that they, in the Testator's presence, hearing and sight and at the Testator's request, and in the presence of each other, did subscribe their names to the instrument as attesting witnesses on the date of the instrument. The Testator, at the time of the execution of such instrument, was of full age, of sound mind, and the witnesses were sixteen years of age or older and otherwise competent to be witnesses.
Subscribed, sworn to and acknowledged before me by !, the Testator; and subscribed and sworn before me by !
! and
! and !,
witnesses, this ____ day of ____________________, 19____.
___________________________________________
Notary Public, or other officer authorized to take and
certify acknowledgements and administer oaths
SWL33
! Continuation of Signature Section (13 of 13) - Witnesses
PROOF OF WILL
On the date written below, ! declared to us, the undersigned, that this instrument, consisting of ! pages, including the page signed by us as witnesses, was his/her Will and requested us to act as witnesses to it. He/She thereupon signed this Will in our presence, all of us being present at the same time. We now, at his/her request, and in his/her presence and in the presence of each other, subscribe our names as witnesses.
We are acquainted with !. At this time he/she is over the age of 18 years, and to the best of our knowledge, he/she is of sound mind and is not acting under duress, menace, fraud, misrepresentation, or undue influence.
Each of us is now more than 18 years of age and a competent witness and resides at the address set forth after this name.
We declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.
Executed on __________________, 19____ at _________________________________.
If known, enter the number of pages in the Will (for example, "8", or "eight"). The number of pages should include the page on which the witness signature lines appear, but not the page with the affidavit. This field may be left blank and be completed when the Will is signed.
Enter the FIRST witness' name or use the P.I. Manager to select and paste a record. The following information regarding the name and address of the witness may be left blank and be completed when the document is signed. Three witnesses are recommended, even though many states only require two.
Enter the witness' street address or edit the information as desired.
Enter the witness' extended street address or edit the information as desired.
Enter the witness' city or edit the information as desired.
Enter the witness' state/province or edit the information as desired.
Enter the witness' zip/postal code or edit the information as desired.
Enter an X to include the witness' country, if outside the United States.
Enter the country or edit the information as desired.
Enter the SECOND witness' name or use the P.I. Manager to select and paste a record. The following information regarding the name and address of the witness may be left blank and be completed when the document is signed.
Enter an X to include the name of a third witness. Three witnesses are recommended, even though only two are required. The signature of a third witness provides some protection in case one of the witness signatures is declared invalid for some reason. Press [Ctrl+F1] for more information.
Enter the name of the THIRD witness or use the P.I. Manager to select and paste a record. The following information regarding the name and address of the witness may be left blank and be completed when the document is signed.
Enter an X to include the witness' country if outside the United States.
SWL34
! Summary of Specific Bequests
If specific bequests were included in the Will, the program will prepare and print a summary of the specific bequests for your reference.
(.txt)