Last Will and Testament
Mutual Wills Married,
Domestic Partners, or Civil
Union with No Children
ocstoc Legal Agreements
This Last Will and Testament may be used by a Married Couple, Domestic
Partners, or those in a Civil Union, having no children. This document is
intended to adequately provide for the appointment of a personal
representative or executor, designation of who will receive your property
and other provisions.
ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED
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Entire document © Docstoc, Inc., 2010, 2011
Attorney Drafted
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 1
LAST WILL AND TESTAMENT OF
_______________________________________
[Instruction: Insert the name of testator]
I, _______________________________________ [Instruction: Insert the name of testator]
resident of Kentucky under Kentucky Statues, Title XXXIV- Descendents, Will and
Administration, Chapter 394- wills, Section 201, being of legal age and sound and disposing
mind and memory, and not being actuated by any duress, menace, fraud, mistake, or undue
influence, do make, publish, and declare this to be my last Will, hereby expressly revoking all
Wills and Codicils previously made by me.
ARTICLE I
MARRIAGE AND CHILDREN
I am married to or have a domestic partnership or civil union with
_______________________________________ [Instruction: Insert the name of your
spouse]. I have no children.
ARTICLE II
PERSONAL REPRESENTATIVE
I appoint ____________________________________ [Instruction: Insert the name of
personal representative] as Personal Representative of this my Last Will and Testament and
provide if this Personal Representative is unable or unwilling to serve then I appoint
____________________________________ [Instruction: Insert the name of alternate
personal representative] as alternate Personal Representative. My Personal Representative shall
be authorized to carry out all provisions of this Will and pay my just debts that may be probated,
registered and allowed against my estate. However, this provision shall not extend the statute of
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limitations for the payment of debts, or enlarge upon my legal obligation or any statutory duty of
Personal Representative to pay debts and funeral expenses.
No bond or security of any kind shall be required of any personal representative appointed in this
Will.
My personal representative, whether original, substitutes or successor shall hereafter also be
referred to as my “executor”.
ARTICLE III
BEQUESTS
I will, give, and bequeath unto the persons named below, if he or she survives me, the Property
described below: [Instruction: Specify the name of person’s and details of property you wish
to give them]
Name : _____________________________________
Address : _____________________________________
Relationship : _____________________________________
Property : ________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________________________________________________.
Name : _____________________________________
Address : _____________________________________
Relationship : _____________________________________
Property : ________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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______________________________________________________________________________
________________________________________________________________________.
Name : _____________________________________
Address : _____________________________________
Relationship : _____________________________________
Property : ________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________________________________________________.
If a named beneficiary to this Will predeceases me, the bequest to such person shall lapse, and
the property shall pass under the other provisions of this Will. If I do not possess or own any
property listed above on the date of my death, the bequest of that property shall lapse.
ARTICLE IV
PRIMARY RESIDENCE OR HOMESTEAD
I will, devise and bequeath all my interest in my primary residence or homestead, if I own a
primary residence or homestead on the date of my death that passes through this Will, to
__________________________ [Instruction: Insert the name of the person(s) who is/are to
receive primary residence or homestead]. If I name more than one person, they are to receive
the property ____________ [Choose the appropriate: equally or per stirpes]
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ARTICLE V
ALL REMAINING PROPERTY – RESIDUARY CLAUSE
I direct that my residuary estate be distributed in ____________________________ [Choose the
appropriate [equally, per stirpes, or equally and the survivor] to
__________________________ [Instruction: Insert the name of person(s) who is/are to
receive all other property].
ARTICLE VI
ADDITIONAL POWERS OF THE PERSONAL REPRESENTATIVE AND EXECUTOR
My Personal Representative shall have the following additional powers with respect to my estate,
to be exercised from time to time at my Personal Representative's discretion without further
license or order or any Court approval. I grant unto my Personal Representative, all powers that
are allowed to be exercised by Personal Representatives by the laws of the State of Kentucky and
to the extent not prohibited by the laws of Kentucky Statues, Title XXXIV- Descendents, Will
and Administration, Chapter 395, Section 196, the following additional powers:
[Instruction: Specify the additional powers of the personal representative]
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_______________________________________________________________________.
All authorities and powers hereinabove granted unto my Personal Representative shall be
exercised from time to time in her or his sole and absolute discretion and without prior authority
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or approval of any Court, and, I intend that, such powers be construed in the broadest possible
extent.
ARTICLE VII
OPTIONAL PROVISIONS
I have placed my initials next to the provisions below that I adopt as part of this Will. Any
unmarked provision is not adopted by me and is not a part of this Will.
____________ If any beneficiary to this Will is indebted to me at the time of my death, and the
beneficiary evidences this debt by a valid Promissory Note payable to me, then
such person's portion of my estate shall be diminished by the amount of such
debt
___________ Any and all debts of my estate shall first be paid from my residuary estate. Any
debts on any real property bequeathed in this Will shall be assumed by the
person to receive such real property and not paid by my Executor
____________ I direct that my remains be cremated and that the ashes be disposed of
according to the wishes of my Executor
____________ I direct that my remains be cremated and that the ashes be disposed of in the
following manner _________________________________________________
[Instruction: Insert the manner in which you desire your remains should be
created and ashes disposed]
____________ I desire to be buried in the _____________________________[Instruction:
Insert the name of cemetery] cemetery in __________________ [Instruction:
Insert the County] County, _____________ [Instruction: Insert the State]
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ARTICLE VIII
CONSTRUCTION
The term "testator" as used in this Will is deemed to include me as Testator or Testatrix. The
pronouns used in this Will shall include, where appropriate, either gender or both, singular and
plural.
ARTICLE IX
SEVERABILITY AND SURVIVAL
1. If any part of this Will is declared invalid, illegal, or inoperative for any reason, it is my
intent that the remaining parts shall be effective and fully operative, and that, any Court so
interpreting this Will and any provision in it construe in favor of survival.
2. This Will is not a result of a contract between me and any beneficiary, fiduciary or third party
and I may revoke this Will at any time.
I, ___________________________________ [Instruction: Insert the name of testator], having
signed this Will in the presence of ____________________________ [Instruction: Insert the
name of first witness], and ________________________________ [Instruction: Insert the
name of second witness] who attested it at my request on this the _____ day of _____________,
20_____ at ____________________________________ [Instruction: Insert the address where
this Will is signed], declare this to be my Last Will and Testament.
_____________________________
_____________________________
[Instruction: Insert the Name of testator]
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WITNESSES
The foregoing instrument, consisting of ________ [Instruction: Insert the total number of
pages] pages, including this page, was signed in our presence by
_______________________________________ [Instruction: Insert the name of testator] and
declared by _________________ [Instruction: Choose the appropriate: him or her] to be
_________________ [Instruction: Choose the appropriate: his or her] last Will. We, at the
request and in the presence of _________________ [Instruction: Choose the appropriate [him
or her] and in the presence of each other, have subscribed our names below as witnesses. We
declare that we are of sound mind and of the proper age to witness a Will that to the best of our
knowledge the testator is of the age of majority, or is otherwise legally competent to make a
Will, and appears of sound mind and under no undue influence or constraint. Under penalty of
perjury, we declare these statements are true and correct on this ________ day of
____________________, 20______ at
_____________________________________________________________ [Instruction: Insert
the address where this Will is signed].
______________________________ ______________________________
[Signature of witness 1] [Signature of witness 2]
______________________________ ______________________________
[Printed or typed name of witness 1] [Printed or typed name of witness 2]
______________________________ ______________________________
______________________________ ______________________________
[Address of witness 1] [Address of witness 2]
[Instruction: It is to be noted that this Will must be signed in the presence of two
witnesses, not related to you or named in your Will. A state specific self-proving
affidavit is also included and requires the presence of a notary public to sign the
Will.]
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SELF PROVING AFFIDAVIT
COMMONWEALTH OF KENTUCKY
COUNTY OF ____________
We, _________________________________, ____________________________________, and
_____________________________, the testator and the witnesses, respectively, whose names
are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to
the undersigned authority that the testator signed and executed the instrument as the testator's
will and that the testator had signed willingly (or willingly directed another to sign for the
testator), and that the testator executed it as the testator's free and voluntary act for the purposes
expressed in the will, and that each of the witnesses, in the presence and hearing of the testator,
signed the will as witness and that to the best of the witnesses' knowledge the testator was at that
time eighteen years of age or older, of sound mind, and under no constraint or undue influence.
______________________________ [Signature of Testator]
______________________________ [Printed or typed name of Testator]
______________________________ [Signature of Witness 1]
______________________________ [Printed or typed name of Witness 1]
______________________________ [Signature of Witness 2]
______________________________ [Printed or typed name of Witness 2]
Subscribed, sworn to and acknowledged before me by ____________________ , the testator,
and subscribed and sworn to before me by _________________, and ___________________,
witnesses, this ________ day of ________.
(Seal)
______________________________ (Notary Public's Signature)
______________________________ (Official capacity of officer)
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