Last Will and Testament Legal Forms and Contracts

The following free last will and testament is a thorough will written for a married man with one child. This will and contract is being provided for example, sample, information and research purposes only, however it is a valid legal contract and agreement. Always consult an Attorney or Lawyer.

This document should be used in conjunction with a Trust, Living Will, Durable Power of Attorney and Health Care Power of Attorney. All these documents can be found in the Trusts and Estate Section of this website. This Agreement can apply in most states including California, New York, Florida, Nevada and others. Help improve this agreement by leaving a comment.

LAST WILL AND TESTAMENT

OF
__________________

I, __________________, born __________________, being a resident of Scottsdale, Maricopa County, Arizona, over 18 years of age and of sound and disposing mind and memory, not acting under duress, menace, fraud, or undue influence of any person whatsoever, do make, publish, and declare this to be my Last Will and Testament and do hereby expressly revoke all other and former Wills and Codicils to Wills made by me.

FIRST: My Personal Representative shall not pay expenses of my last illness and funeral, claims, costs of administration and taxes assessed by reason of my death as I have directed their payment under the trust agreement hereafter mentioned, and I hereby confirm that direction.

My Personal Representative shall make such elections and allocations under the tax laws as my Personal Representative deems advisable, without regard to the relative interests of the beneficiaries and without liability to any person. No adjustment shall be made between principal and income or in the relative interests of the beneficiaries to compensate for the effect of elections or allocations under the tax laws made by my personal representative or by the trustee under the trust agreement hereafter mentiond.

SECOND: I declare that at the time of execution of this, my Last Will and Testament, I am a married man, and I declare that I have one (1) child now living, namely:

Name Date of Birth

__________________ (“My Spouse”)

__________________ (“Child”)

For purposes of this Will, the terms “Beneficiary” or “Beneficiary’s” of mine shall refer to __________________ and __________________.

THIRD: It is my intention by this, my Last Will and Testament, to dispose of all of my estate of which I have the right to dispose of by Will.

FOURTH: Pursuant to Section 14-2513 of the Arizona Revised Statutes, I give and bequeath all of my tangible personal property in such amounts and to those persons described and set forth in a written statement signed by me and to be in existence at the time of my death. In the event that no such written statement is in existence at the date of my death, or in the event that I do not dispose of all of my tangible personal property by means of the written statement, then either of those events, I give and bequeath all articles, good and effects of personal and / or household use or ornament, including, but not limited to, clothing, furniture, furnishings, works of art, silverware, chinaware, glassware, linens, stores, family automobiles, transferable club memberships and all policies of fire, burglary and property damage and other insurance on or owned in connection with any of the above-mentioned property, together with all prepaid premiums thereon, to my beneficiary’s to be divided between them in such manner as they shall agree. If they are unable to agree within a reasonable time, then in that event, I give my Personal Representative or Alternate Personal Representative full power and authority to divide such articles between my beneficiary’s in such shares as nearly equal in value as may be practicable, and such Personal Representative’s determination with respect thereto shall be binding and conclusive upon my children.

FIFTH: All of the rest and residue of my estate, included lapsed legacies and devises, I devise and bequeath to the Trustee under that certain Trust agreement executed by myself as Trustor and as Trustee entitled the __________________ FAMILY TRUST dated __________________. All property passing by this provision shall be held and administered as an integral part of said Trust estate and distributed according to the terms and conditions of the Trust Agreement, including any amendments thereto in effect at the time of my death. I do not intend by this paragraph to create a separate Testamentary Trust, nor to subject the Trust to the jurisdiction of the Probate Court of my Will. Nothing contained in this Article FIFTH shall be deemed an exercise of a power of appointment which I may have at the time of my death.

SIXTH: Any revocation of the __________________ FAMILY TRUST dated __________________ herein referred to in this Will shall be considered as a special revocation so that the terms of the said Trust as amended shall remain in force and effect so as to receive the pour-over provisions of this, my Last Will and Testament. Then, in such event, the terms of said Trust as amended are incorporated herein by reference as if fully set forth herein, and the rest, residue and remainder of my estate shall be allocated, administered and distributed under the provisions of said Trust Agreement.

SEVENTH: I hereby nominate, constitute and appoint My Spouse, __________________, as Personal Representative of this, my Last Will and Testament. If My Spouse, __________________, should be unwilling or unable to serve, if she fails to qualify, or if she should be unable to complete the administration of my estate, I nominate, constitute and appoint my friend, __________________, as the Alternate Personal Representative of my estate.

EIGHTH: In the administration, investment and distribution of my estate, my Personal Representative or Alternate Personal Representative shall have all of the powers given by law, as existing on the date of the execution of this Will and any other powers now or hereafter conferred by law on Personal Representatives in the administration of estates.

NINTH: If any property would, upon receipt of the Trust described above, be immediately distributable to a beneficiary of such Trust, my Personal Representative may distribute such property directly to such beneficiary.

TENTH: I hereby direct that no bond or other undertaking shall be required fo my named Personal Representative or Alternate Personal Representatives in order to qualify and act as such in any jurisdiction.

ELEVENTH: If any child should be a minor at the time of my death, and if their mother, should fail to survive me, or survive but fail to nominate a Conservator and Guardian for any minor children, I then request the Court to appoint My Spouse, __________________ as Guardian of the person and as Conservator of the estate of any child of mine to serve until each of my said children attains the age of majority. I further declare that no bond or other undertaking shall be required by my named Guardian or Conservator or Alternate Guardian and Alternate Conservator in order to qualify and act as such in any jurisdiction.

TWELFTH: I direct that I shall be given a modest funeral and burial in accordance with the customs of the religion which I profess at the time of my death, the details of which shall be determined by my Personal Representative, taking into consideration the wishes and suggestions of my next of kin and the provisions of any letter of instructions relating to my funeral and burial which I may leave in a safety deposit box or elsewhere with my Will, or instructions I may have left with a specific mortuary.

THIRTEENTH: Should any person, whether an heir-at-law, a beneficiary named herein, or a person not mentioned in this Will, b action of law, intentionally do any of the following, either directly or indirectly, then such person shall not inherit from me, either directly or indirectly, and is expressly disinherited:
(a) Contest this Will or any provision hereof;
(b) Contest my right to distribute my property;
(c) Contest my ownership of any of my property;
(d) Attack any provision of the trust inot which this Will pours over.
Any devise which lapses by virtue of the foregoing shall pass to the residuary legatee thereof.

IN WITNESS WHEREOF, I hereunto set my hand this date.

______________________________ ______________________________
Date Signed __________________, Testator

WITNESSES

This Last Will and Testament, consisting of 4 pages, including this page and the following page(s), was signed in the presence of us who, at the request and in the presence of Testator and in the presence of each other, have signed the same as witnesses thereto. WE ALSO AFFIRM THAT WE ARE NOT RELATED TO THE TRUSTOR BY BLOOD, MARRIAGE OR ADOPTION AND THAT WE ARE AWARE OF NO INHERITANCE RIGHTS, GIFTS, OR DISTRIBUTIONS THAT WE SHALL RECEIVE FROM TRUSTOR’S WILL OR FROM ANY OTHER SOURCE FROM THE TESTATOR AND ARE NOT PERSONS INVOLVED WITH THE MEDICAL CARE OF THE TESTATOR.

Witness Signature

Witness Name (Printed) Witness Address

Witness Signature

Witness Name (Printed) Witness Address

ACKNOWLEDGMENT OF WITNESSES

STATE OF: __________________
COUNTY OF: __________________

On this _______ day of _________________, ________, this instrument was acknowledged before me, a Notary Public, personally appeared the above witnesses known to me or satisfactorily proven to be the person whose names are subscribed to this instrument and acknowledged that they executed the same for the purposes contained therein.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

______________________________
Notary Public

Printed Name: _________________

My Commission Expires: ______________________

Commission # __________________