Download a last will and testament form, also referred to as a “will”, distributes any and all of a person’s (known as the ‘testator’) assets, property, and names an individual (known as the ‘executor’) who shall be the one to distribute said estate.
The free last will and testament form is a printable sample document,
or it can be downloaded and edited from time to time to suit your requirements.
It is important to note that jointly-owned property, policies with a named beneficiary etc. do not form part of the estate and will therefore not be subject to probate.
The free legal will supplied on this page may be suitable for married people without children.
Married people quite often appoint one another as the executor of their last will and testament. However, the will specifies that the choice remains to appoint a legal and/or accounting professional to assist with the task.
Making a will should not be a once-off task. It is a good idea to review your estate assets with your spouse from time to time which will make your spouse's duty as executor a lot easier.
Important Note: Our page on How to Write a Will offers additional legal guidelines to assist you with compiling your will.
The selection of free last will sample documents referenced on that page have a variety of clauses or provisions which you can peruse should you want to incorporate them into your personal document.
Have You Made Provision for Your Online Accounts?
If you have an email address and an online presence on Facebook, Instagram, LinkedIn etc., you could (should!) leave instructions on how you want those accounts finalised when you pass away.
Doing it as part of your Last Will and Testatement is not ideal, since that document will become publicly available upon your passing.
However, we are making it easy for you to do so securely and privately! Our App will allow you to appoint an executor and leave details of your logins and end instructions.
Visit our EndExec page to register your email and get advance notice of the release.
Free Legal Form:
LAST WILL AND TESTAMENT
of
____________________________________
(Full Legal Names)
____________________________________
(Identification / Social Security Number/s)
____________________________________
____________________________________
(Address)
1. Declaration
I hereby declare that this is my last will and testament and that I hereby revoke, cancel and annul all wills and codicils previously made by me either jointly or severally. I declare that I am of legal age to make this will and of sound mind and that this last will and testament expresses my wishes without undue influence or duress.
2. Family Details
I am married to _____________________________ hereinafter referred to as my spouse.
3. Appointment of Executors
3.1. I hereby nominate, constitute and appoint _________________________ as Executor or if this Executor is unable or unwilling to serve then I appoint _______________________ as alternate Executor.
3.2. I hereby give and grant the Executor all powers and authority as are required or allowed in law, and especially that of assumption.
3.3. I hereby direct that my Executors shall not be required to furnish security and shall serve without any bond.
3.4. Pending the distribution of my estate my Executors shall have authority to carry on any business, venture or partnership in which I may have any interest at the time of my death.
3.5. My Executors shall have full and absolute power in his/her discretion to insure, repair, improve or to sell all or any assets of my estate, whether by public auction or private sale and shall be entitled to let any property in my estate on such terms and conditions as will be in the best interest of my beneficiaries.
3.6. My Executors shall have authority to borrow money for any purpose connected with the liquidation and administration of my estate and to that end may encumber any of the assets of my estate.
3.7. My Executors shall have authority to engage the services of attorneys, accountants and other advisors as he/she may deem necessary to assist with the execution of this last will and testament and to pay reasonable compensation for their services from my estate.
4. Bequests
4.1. I bequeath unto the persons named below, if he or she survives me by 30 (thirty) days, the following:
Name:____________________________________________
Relationship:_______________________________________
Address:__________________________________________
Bequest:__________________________________________
Name:____________________________________________
Relationship:_______________________________________
Address:__________________________________________
Bequest:__________________________________________
4.2. I bequeath unto the organizations or institutions named below the following:
Name:____________________________________________
Address:__________________________________________
Bequest:__________________________________________
Name:____________________________________________
Address:__________________________________________
Bequest:__________________________________________
4.3. If at the time of my death any of the property described in 4.1. and 4.2. above is no longer in my possession or part of my estate, then the bequest of such property shall be deemed null and void and shall no longer form part of this will and testament.
4.4. If any of the persons named in 4.1. above do not survive me by 30 (thirty) days, the property bequeathed to such a person shall become part of the remainder of my estate.
4.5. If any of the organizations or institutions named in 4.2. above no longer exist, the property bequeathed to such an organization or institution shall become part of the remainder of my estate.
4.6. If any property described above is encumbered by debt for which the beneficiary of such a bequest does not want to assume liability, such property shall revert to the remainder of my estate.
5. Remaining Property and Residual Estate
I bequeath the remainder of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature to my spouse ________________________.
6. Alternate Beneficiaries
6.1. Should my spouse not survive me by thirty (30) days then I bequeath the remainder of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature in equal shares to:
Name:____________________________________________
Relationship:_______________________________________
Address:__________________________________________
AND
Name:____________________________________________
Relationship:_______________________________________
Address:__________________________________________
6.2. If any of the beneficiaries named in 6.1. are proved to be indebted to me by means of a legal instrument, then his / her share of my estate shall be reduced by the amount of such debt.
6.3. Should any of the beneficiaries named in 6.1. not survive me by 30 (thirty) days I direct that the non-surviving person's share goes to his / her natural, adopted or step children in equal shares.
7. Special Requests
I direct that on my death my remains shall be cremated and all cremation expenses shall be paid out of my estate.
OR
I direct that on my death my remains shall be buried at _______________________ and all funeral expenses shall be paid out of my estate.
8. General
8.1. Words signifying one gender shall include the others and words signifying the singular shall include the plural and vice versa where appropriate.
8.2. Should any provision of this will be judged by an appropriate court of law as invalid it shall not affect any of the remaining provisions whatsoever.
Signed on this _________________ day of _________________20_____
at this location _______________________________________ in the presence of the undersigned witnesses.
SIGNED: _______________________________
WITNESSES
As witnesses we declare that we are of sound mind and of legal age to witness a will and that to the best of our knowledge ____________________, the creator of this will, is of legal age to make a will, appears to be of sound mind and signed this will willingly and free of undue influence or duress. We declare that he / she signed this will in our presence as we then signed as witnesses in his / her presence and in the presence of each other witness, all being present at the same time.
Under penalty of perjury we declare these statements to be true and correct on this
________________ day of _________________ 20 __
at this location ________________________________.
Witness 1.
Name: ________________________________________
Address: ________________________________________
Signature: ________________________________________
Witness 2.
Name:________________________________________
Address: ________________________________________
Signature: ________________________________________
* * *
Alternate or additional clauses to consider for this
free last will and testament form:
* Under 'Bequests' in paragraph 4 of the sample testament above, we make provision for bequests to individuals as well as to charitable organizations or institutions. Should you wish to delete that section, your spouse will inherit the whole of your estate and paragraphs 4 and 5 can be combined into the following:
4. Beneficiary
I bequeath the whole of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature to my spouse ________________________.
The subsequent paragraphs must then be renumbered to be chronologically correct.
* You may want to direct that property bequeathed to an institution may not be sold (e.g. books or artwork) and should that not be acceptable to the receiving party, such bequeathed property shall revert to the remainder of the estate.
* If you want some charitable organizations to benefit from your estate, go and have a look at their websites. For your convenience, many of them supply the wording for bequests.
Our free will and testament form is provided for informational purposes only. Since legal requirements may vary substantially in jurisdictions, suitable legal counsel must be sought when compiling legal documents.
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Legal Documents » Writing a Will » Sample Will for Married People without Children
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The free last will and testament form supplied on this page,
makes provision for married people with adult and minor children.
It may therefore also be suitable for people who find themselves in a second marriage, with minor children as well as adult children from a previous marriage or relationship, that they wish to list as beneficiaries in their last will and testament.
Because one's circumstances constantly change - assets are bought and sold, family members join or leave the fray etc. - it is very important to review your will from time to time to ensure it is still valid in every sense and according to your wishes.
The most practical way is to also keep a copy on your computer where you can easily amend it when necessary and produce a new hard copy ready for signing.
Important Note: Please refer to our page on How to Write a Will for links to other free legal will forms which may suit your requirements better and where we also provide guidelines on witnesses, probate, choosing an executor and guardian and links to a Living Will.
But Before You Get Started on Your Will...
You may be making provision for a minor child in your will. But children cannot legally own property until they reach maturity.
Or you may want to bequeath an inheritance to an adult child but you have concerns that he/she may squander the inheritance. Or the child may lack capacity to administer the assets, or may have a substance dependency.
However - there is a very useful structure i.e. a Testamentary Trust which you can create within your will that can offer protection for an inheritance after you pass away. You will still fully control all your assets, since this trust will only come into being upon your passing.
The following pages provide detailed information:
Free Last Will and Testament Form:
LAST WILL AND TESTAMENT
of
____________________________________
(Full Legal Names)
____________________________________
(Identification / Social Security Number/s)
____________________________________
Download A Free Will Form
____________________________________
(Address)
1. Declaration
I hereby declare that this is my last will and testament and that I hereby revoke, cancel and annul all wills and codicils previously made by me either jointly or severally. I declare that I am of legal age to make this will and of sound mind and that this last will and testament expresses my wishes without undue influence or duress.
2. Family Details
I have the following adult children:
Name: ______________________ Date of Birth _________
Name: ______________________ Date of Birth _________
I am married to _____________________________ hereinafter referred to as my spouse.
I have the following minor children:
Name: ______________________ Date of Birth _________
Name: ______________________ Date of Birth _________
3. Appointment of Executors
3.1. I hereby nominate, constitute and appoint _________________________ as Executor or if this Executor is unable or unwilling to serve then I appoint _______________________ as alternate Executor.
3.2. I hereby give and grant the Executor all powers and authority as are required or allowed in law, and especially that of assumption.
3.3. I hereby direct that my Executors shall not be required to furnish security and shall serve without any bond.
3.4. Pending the distribution of my estate my Executors shall have authority to carry on any business, venture or partnership in which I may have any interest at the time of my death.
3.5. My Executors shall have full and absolute power in his/her discretion to sell all or any assets of my estate, whether by public auction or private sale and shall be entitled to let any property in my estate on such terms and conditions as may be acceptable to my beneficiaries.
3.6. My Executors shall have authority to borrow money for any purpose connected with the liquidation and administration of my estate and to that end may encumber any of the assets of my estate.
4. Guardian
4.1. Failing the survival of my spouse as natural guardian I appoint _____________________ or failing him / her I appoint ______________________ to be the legal Guardian of my minor children named: __________________________ and __________________________ until such time as they attain the age of _____________ years.
4.2. I direct that my nominated Guardian shall not be required to furnish security for acting in that capacity.
5. Bequests to my Adult Children
5.1. I bequeath to my adult child named ________________, if he or she survives me by 30 (thirty) days, the following:
______________________________________________________
5.2. I bequeath to my adult child named ________________, if he or she survives me by 30 (thirty) days, the following:
______________________________________________________
5.3. I direct that the inheritance devolving upon any of my adult children named above under my last will and testament as well as the proceeds, the reinvestment of such proceeds and the income thereon shall be free from the legal effects of any present or future marriage of any of my children, whether in or out of community of property including any accrual system and with or without the presence of any pre-marital agreement.
5.4. Should any of my adult children named above not survive me by 30 (thirty) days, I direct that the bequest(s) made to him or her shall go to his/her natural, adopted or step children in equal shares.
6. Remaining Property and Residual Estate
Save for the bequests listed in 5.1. and 5.2. above I bequeath the remainder of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature to my spouse ________________________ in the knowledge that he / she shall provide for our minor children named ______________ and ______________.
7. Alternate Beneficiaries
7.1. Should my spouse not survive me by thirty (30) days I direct that the remainder of my estate as referenced in paragraph 6 above be divided amongst my minor children named ____________ and ____________ in equal shares.
7.2. Should my said spouse and I and my minor children all die simultaneously or within 30 (thirty) days of each other as a result of the same accident or calamity, then and in that event, I direct that the remainder of my estate as referenced in paragraph 6 above be divided amongst my adult children named _______________ and _______________ in equal shares and thereafter his/her natural, adopted or step children in equal shares where an adult child does not survive to benefit from this provision.
8. Special Requests
I direct that on my death my remains shall be cremated and all cremation expenses shall be paid out of my estate.
OR
I direct that on my death my remains shall be buried at _______________________ and all funeral expenses shall be paid out of my estate.
9. General
9.1. Words signifying one gender shall include the others and words signifying the singular shall include the plural and vice versa where appropriate.
9.2. Should any provision of this will be judged by an appropriate court of law as invalid it shall not affect any of the remaining provisions whatsoever.
Signed on this _________________ day of _________________20_____
at this location _______________________________________ in the presence of the undersigned witnesses.
SIGNED: _______________________________
WITNESSES
As witnesses we declare that we are of sound mind and of legal age to witness a will and that to the best of our knowledge ____________________, the creator of this will, is of legal age to make a will, appears to be of sound mind and signed this will willingly and free of undue influence or duress. We declare that he / she signed this will in our presence as we then signed as witnesses in his / her presence and in the presence of each other witness, all being present at the same time.
Under penalty of perjury we declare these statements to be true and correct on this
________________ day of _________________ 20 __
at this location ________________________________.
Witness 1.
Name: ________________________________________
Address: ________________________________________
Signature: ________________________________________
Witness 2.
Name:________________________________________
Address: ________________________________________
Signature: ________________________________________
* * *
Notes and alternate or additional clauses to consider for the above last will and testament:
5.1. and 5.2. - If you bequeath cash sums to your adult children, it may necessitate assets to be sold should the amounts specified not be available as cash reserves. An alternative may be to bequeath specific property such as an apartment, jewelry, artwork etc. Note though that the value of any such property may fluctuate or not even be in your possession any more at the time of your death. This is another good reason why a last will and testament should be reviewed and amended (if necessary) from time to time.
5.4. - If you do not have any grandchildren as per the provision in our sample last will and testament form above, you may want to consider this alternative:
* Should any of my adult children named above not survive me by 30 (thirty) days, I direct that the bequest(s) made to him/her revert to the remainder of my estate.
5.5. - If any property described above is encumbered by debt which the beneficiary of such a bequest does not want to assume liability for, such property shall revert to the remainder of my estate.
And Then There's One More Aspect to Plan For!
So many of us have online accounts such as Facebook, Instagram, LinkedIn, email etc., that will need to be memorialised or closed when we pass away.
We are going to make it easy for you to do so with our APP! You can appoint an executor (perhaps your internet savvy adult child) and securely leave details of your logins and final wishes on finalising these accounts.
Visit our EndExec page to register your email so you'll get advance notice when we release this App.
Last Will And Testament Downloadable Form
There are many variables for bequests and alternate beneficiaries and no single template may be ideally suitable for you. Have a look through the various free legal will templates (listed on our Free Legal Forms contents page) for any other provisions that you may want to incorporate in your last will and testament.
It may help you to streamline your thoughts and to draft a will that can be submitted to your attorney to compile your final document.
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Home » Writing a Will » Will Template for Married People with Adult and Minor Children
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Free Last Will And Testament Pdf
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