LAST WILL AND TESTAMENT OF _________
I, _________, of _________, England, make this my Last Will, and I revoke all Wills and Codicils previously made by me.
Marital Status
1. I am not currently married.
Current Children
2. I currently do not have any living children.
3. All references in this Will to "my children" are to all children hereafter born to or adopted by me.
Definition
4. The Executor is defined as the fiduciary charged with administering the estate at the testator's death. Some jurisdictions use the term personal representative to refer to the estate fiduciary and some jurisdictions use the term and 'executrix'.
Executor Appointment
5. _________ of _________, _________, is hereby appointed as the Executor of this Will.
If _________ dies, or fails to qualify, resigns, becomes incapacitated, or otherwise ceases to serve as my Executor, I appoint the survivor of _________ as the Executor of this Will.
Executor Powers
6. My Executor shall have the following powers and duties in managing and distributing my estate:
a. To pay, as soon as reasonably practicable after my death, my legally enforceable debts, funeral expenses, and all expenses of administering my estate and any trusts created by this Will. My Executor shall have discretion regarding the timing of such payments, but debts secured by property specifically gifted in this Will shall be the responsibility of the recipient of that property.
b. To take all reasonable steps to obtain probate of this Will promptly and efficiently. I recognize that the probate process may involve certain legal requirements and court procedures, and I direct my Executor to comply with those requirements.
c. To deal with my personal property as my Executor sees fit, including the power to retain, exchange, sell, or otherwise dispose of such property, without liability for any resulting loss or depreciation, provided they act in good faith and following the duties imposed on the Executor in this Will.
d. My Executor shall have the following powers regarding any real property belonging to my estate:
(i) To invest, let, rent, exchange, mortgage, sell, or otherwise dispose of such property.
(ii) To insure, repair, improve, add to, remove from, or demolish any buildings on such property.
My Executor shall exercise these powers as they deem advisable, without liability for any resulting loss or depreciation, provided they act in good faith.
e. To manage my investments and securities, including the power to purchase, maintain, convert, and sell investments and securities, and to exercise any voting rights or options associated with them.
f. To open or close bank accounts.
g. To manage, continue, sell, or dissolve any business that forms part of my estate, and to purchase any business if deemed necessary or beneficial to my estate.
h. To settle, contest, abandon, or otherwise deal with any claims or legal proceedings by or against my estate.
i. To employ such solicitors, accountants, financial advisors, and other professionals as my Executor in their absolute discretion may deem necessary or advisable for the administration of my estate.
j. Except as otherwise provided in this Will, my Executor shall hold their share in trust and shall have the following powers:
(i) To invest and manage the share.
(ii) To use the income and capital of the share as my Executor consider advisable for the maintenance, education, and benefit of the beneficiary.
(iii) To pay or transfer the share to my beneficiary.
If my beneficiary is under the age of 18, my Executor may, in their discretion, pay or transfer the share to a parent or guardian of the beneficiary, to be held for the beneficiary's benefit. Upon such payment or transfer, my Executor shall be discharged from further responsibility for that share.
The powers granted to my Executor in this Will are in addition to any powers granted by law and may be exercised as often as necessary without court approval.
Distribution of Residue
7. A beneficiary shall survive me for at least thirty (30) days to have the right to receive any gift or property under this Will. The beneficiaries will receive and share such residue in equal shares, including property and assets that have not been bequeathed or that are not required to pay any debt, expenses associated with this Will, taxes, funeral expenses, or any other administrative expense resulting from my Will. All property given under this Will to my beneficiaries is subject to any encumbrances or liens attached to the property.
8. I instruct my Executor to distribute the residue of my estate in the following manner ("Share Allocations"):
a. The recipient _________ of _________, _________, shall receive all of the residue of my estate for their exclusive use and property.
9. PROVIDED HOWEVER, if any beneficiary shall die before becoming entitled in accordance with the terms of my Will, to receive the whole of their share of my residuary estate, such share or the amount remaining shall be divided amongst the other beneficiaries in equal shares unless otherwise instructed by me in this instrument.
Wipeout Provision
10. If all my appointed beneficiaries die before I do or if I am not survived for at least thirty (30) days, I instruct my Executor to divide the residue of my estate into one hundred (100) equal shares. Further, my Executor shall pay and transfer such shares as follows:
a. 100 shares of the residue of my estate shall be divided equally amongst my parents and siblings, or their survivors, for their exclusive use and property. If these beneficiaries die before they have a right to receive their share of my estate, and such beneficiaries have survivors, then they shall have a right to be distributed their share of my estate.
Insufficient Estate
11. To the extent the value of my estate is insufficient to fulfil all bequests under this Will, my Executor shall have the authority to adjust each bequest proportionately.
No Contest Provision
12. If any beneficiary of my estate contests the probate or validity of this Will or any of its provisions, then all benefits provided for such beneficiary are revoked and shall pass as if that contesting beneficiary had failed to survive me. This provision shall be enforceable unless the party bringing the contest establishes that the contest was brought and maintained in good faith and that probable cause exists for contesting the Will.
Severability
13. If any clause or term of this Will is held to be unenforceable or invalid as a matter of law, all other provisions of this Will shall remain in effect to the fullest extent permissible under the governing law of this Will.
Signature
I, _________, the within named Testator, declare this document to be my Last Will, as contained on this and the preceding pages. I set my hand at the City of _________, England, this ________ day of ________________, ________, I declare that I am of the legal age in this jurisdiction to make a Will, that I am under no constraint or undue influence, and that I sign this Will freely and voluntarily.
_____________________________
_________ (Testator) Signature
WITNESSES
This instrument was signed on the above written date by _________, and in our presence the Testator declared this instrument to be Testator's Last Will. At the Testator's request and in the presence of the Testator, we subscribe our names as witnesses hereto. We confirm that we each witnessed the Testator, _________, sign this Will and that each signature is the true signature of the person whose name is written. Each of us is now of the age of majority, is not a beneficiary of this Will nor the spouse or civil partner of the Testator, and resides at the address set forth after our names.
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| Witness 1 Signature | Witness 2 Signature |
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| Witness 1 Name (Please Print) | Witness 2 Name (Please Print) |
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| Witness 1 Street Address | Witness 2 Street Address |
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| Witness 1 City/Country | Witness 2 City/Country |