Example of Will
Example of Will
FIRST:
a. I direct that all my debts, and expenses of my last illness, funeral, and burial, be paid as
soon after my death as may be reasonably convenient, and I hereby authorize my
Personal Representative (or Executor), hereinafter appointed, to settle and discharge, in
his or her absolute discretion, any claims made against my estate.
b. I further direct that my Personal Representative (or Executor) shall pay out of my estate
any and all estate and inheritance taxes payable by reason of my death in respect of all
items included in the computation of such taxes, whether passing under this Will or
otherwise. Said taxes shall be paid by my Personal Representative (or Executor) or
Trustee as if such taxes were my debts without recovery of any part of such tax payments
from anyone who receives any item included in such computation.
SECOND:
a. The entire residue of the property owned by me at my death, real and personal and
wherever situate, I devise and bequeath to my Trustees appointed under the
____________________________ Family Inter Vivos Trust Agreement signed by myself
as Grantor and dated the _____ day of September, 20___, to be held for the purposes and
distributed as therein provided, and also in accordance with any amendments to said Trust
made prior to my death. It is my intention that said Trust be administered free from the
continuing control of the court having jurisdiction of the settlement of its accounts or the
power of any beneficiary to bring suit for an accounting.
b. If for any reason, property may not pass or does not pass by way of or through the before-
mentioned, are specifically made a part of this Will by reference and all properties shall
be held, administered, and distributed pursuant to the terms thereof, and the Personal
Representative (or Executor) will assume and perform all of the duties of the Trustee.
THIRD:
My Personal Representative (or Executor) is to act without bond and to the maximun
amount possible without court supervision or control so that the estate can be settled as
much as possible as a nonintervention proceeding. I nominate and appoint the following
people in the following order of priority as Personal Representative (or Executor) until
one such person qualifies.
1. My wife, ______________________________
2. My daughter, ______________________________
3. My son, ______________________________
4. ______________________________, who currently resides at
___________________________________
5. __________ Trust Company, a Utah Corporation
FOURTH:
FIFTH:
Of the provisions made herein for the benefit of my wife, an amount equal to the
maximum allowable widow's (widower's) statutory interest in her husband's property, if
any, shall be deemed received by my wife by operation of law as such statutory interest,
and only the excess, if any, over such amount shall be deemed received under the
provisions of this Will.
SIXTH:
If any beneficiary under this Will, or any trust herein mentioned, contests or attacks this
Will or any of its provisions, any share or interest in my estate given to that contesting
beneficiary under this Will is revoked and shall be disposed of in the same manner
provided herein as if that contesting beneficiary had predeceased me.
SEVENTH:
My Personal Representative shall elect under Section 2056(b)(7) of the Internal Revenue
Code of 1954, as amended, or other similar statute then in force, to qualify the Marital
Trust or the Q-TIP Trust as established by me under Article III, of the
____________________ Trust Agreement dated the _____ day of _______________,
20___, for the federal estate tax marital deduction.
EIGHTH:
I hereby appoint to serve without bond as guardian over the persons and properties of my
minor children the following people in the following priority:
1. My wife, ______________________________
2. My sister, ______________________________
NINTH:
Upon my death, it is my wish that my body and essence undergo the rites of
Mummification of Transference. To that end, I specifically direct the following:
2. My body shall be delivered as soon after my death as practicable and to the full
extent legally possible, without autopsy or embalming, to a funeral home
designated by SUMMUM.
3. The funeral home designated by SUMMUM and given a copy of this last Will
shall carry out specific instructions as directed by SUMMUM in order to prepare
and facilitate the transportation of my body to a sanctuary that will be designated
by SUMMUM when the time comes.
TENTH:
This Will has been prepared in duplicate, each copy of which has been executed as an
original. One of these executed copies is in my possession and the other is deposited for
safekeeping with my attorney, _______________________________. Either of these
wills is to be considered as the original. If only one copy of this Will can be found, then it
shall be considered as the original, and the missing copy will be presumed inadvertently
lost. Any clarifications or instructions concerning this Will may be obtained by calling the
above-mentioned attorney who is requested to do everything necessary to implement the
provisions of this Will.
IN WITNESS WHEREOF, I, ____________________, the testator/testatrix, sign my name to
this instrument consisting of ___ pages this _____ day of _______________, 20___, and being
first duly sworn, do hereby declare to the undersigned authority that I sign and execute this
instrument as my Last Will and that I sign it willingly (or willingly direct another to sign for me),
that I execute it as my free and voluntary act for the purposes expressed in it, and that I an 18
years of age or older, of sound mind, and under no constraint or undue influence.
______________________________
Testator/Testatrix
Witness: Residing:
______________________________ __________________________________________
__________________________________________
Witness: Residing:
______________________________ __________________________________________
__________________________________________
State of ______________________ )
)
County of ____________________ )