Saturday, November 28, 2009

Example Model Will

Last Will and Testament
Of
Sku B. Due

I, Sku B. Due, city of Dalmatian, State of Colorado, being of sound mind and body, hereby make this my Last Will and Testament revoking all former wills and codicils made at an earlier time.

ARTICLE I

I direct that all the funeral and burial arrangements be taken care of by my personal representative.

ARTICLE II

I give and devise my house located at 123 Doggy Lane, Dalmatian, Colorado 80350 to my wife Pat S. Due. I give my 2005 Harley Davidson Road King to my son, Over Due. To be fair, I want each of my daughters, Morning and Sunshine Due, to receive $18,500 each because that is what the Harley Davidson is worth. My coin collection is to be re-appraised at the time of my death and the worth is to be added to my augmented estate. I direct that a trust be created at the moment of my death out of which is to be paid the college tuition of my children.

ARTICLE III

I direct that all the rest, residue and remainder of my estate, real, personal and mixed, or in which I may have any interest to which I may be entitled, shall be given to my wife Pat S. Due. If my wife does not survive me, the remainder of my estate is to be divided up equally and given to my children, Over, Sunshine and Morning and any after born children.

ARTIVLE IV

I hereby nominate and appoint my wife, Pat S. Due to be Personal Representative of this will. If she shall fail to qualify or cease to serve, I nominate and appoint my brother, John Q. Due to serve as Personal Representative in her place.

ARTICLE V

I direct that any Personal Representative be exempt from giving surety on his or her official bond. The word personal representative shall mean any administrator of this will.

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(Initial) (Date)

ARTICLE VI

I appoint my wife, Pat S. Due, as guardian of the persons and property of my minor children, Over Due and Sunshine Due. No guardian appointed in this will or any codicil need furnish any surety on any official bond.


ARTICLE VII

All inheritance, estate, and other taxes in the nature of death taxes, whether state or federal, and any debt that needs to be paid, with respect to any property passing under this will shall be paid by my Personal Representative out of the residue of my estate, and, in addition, my Personal Representative may in his or her discretion pay from my residue all or any part of such taxes attributable to property not passing under this Will.

ARTICLE VIII

Every heir, legatee, devisee, or beneficiary under this will who shall contest in any court any provision of this instrument shall not be entitled to any devises, legacies, or benefits under this will or any codicil to this will or any trust created by this will.

ARTICLE IX

I have, except as otherwise provided in this will, intentionally and with full knowledge, omitted to provide for my heirs who may be living at the time of my death, including any person who may become my heir by reason of marriage or otherwise after the date of the execution of this will.

ARTICLE X

I, the undersigned testator, do hereby declare that I sign and execute this instrument as my last will, that I sign it willingly in the presence of each of said witnesses, and that I execute it as my free and voluntary act for the purposes herein expressed, this _____ day of _________, 2008.

________________________
Sku B. Due






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(Initial) (Date)

ARTICLE XI

I, Sku B. Due, the testator, sign my name to this instrument this _______day of ________, 2008, 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, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.
______________________
Sku B. Due

ARTICLE XII

We, the undersigned witnesses, each do hereby declare in the presence of the aforesaid testator that the testator signed and executed this instrument as his last will in the presence of each of us, that he signed it willingly, that each of us hereby signs this will as witness in the presence of the testator, and that to the best of our knowledge the testator is eighteen years of age or over, of sound mind, and under no constraint or undue influence.

__________________ __________________
(Witness) (Witness)

__________________ __________________
(Witness) (Witness)

Subscribed, sworn to, and acknowledged before me by the said testator and witnesses this _______day of _________, 2008.

______________________
Notary Public
My commission expires:











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(Initial) (Date)

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