Last Will and Testament
– Widower with No Children
ocstoc Legal Agreements
This Last Will and Testament may be used by a Widower, not remarried or
in a domestic partnership or 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
WARRANTY, INCLUDING AS TO LEGAL EFFECT OR COMPLETENESS. They are for guidance and should be
modified by you or your attorney to meet your specific needs and the laws of your state. Use at your own
risk. Docstoc, its employees or contractors who wrote or modified any form, are NOT providing legal or any other
kind of advice and are not creating or entering into an Attorney-Client relationship. The information and forms
®
are not a substitute for the advice of your own attorney. Subject to our Terms of Service
(http://www.docstoc.com/popterm.aspx?page_id=15). See back cover page and read more here
(http://www.docstoc.com/popterm.aspx?page_id=114) for additional disclaimers and more. This document is
not approved, endorsed by, or affiliated with any State, or governmental or licensing entity.
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 Michigan under Michigan Compiled Laws; Chapter 700 Estates and Protected
Individuals; Act 386 of 1998; Article 2 Intestacy, Wills, and Donative Transfers; Part 5 Wills,
Will Contracts, and Custody of Deposit of Wills, Sections 700-2501, being of legal age
(eighteen) 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 a Widower of _______________________________________ [Instruction: Insert the
name of your deceased spouse]. I have not remarried or entered into a domestic partnership or
civil union. 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
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2
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 :________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3
______________________________________________________________________________
________________________________________________________________________.
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]
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].
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4
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 Michigan and
to the extent not prohibited by the laws of Michigan Compiled Laws; Chapter 700 Estates and
Protected Individuals; Act 386 of 1998, Part 7 Duties And Powers Of Personal Representatives,
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
or approval of any Court, and, I intend that, such powers be construed in the broadest possible
extent.
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5
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]
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.
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 6
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]
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 7
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 him to be his last Will. We, at the request and in the presence of him 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.]
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 8
SELF-PROVING AFFIDAVIT
State of Michigan
County of ________________
I, the undersigned, an officer authorized to administer oaths, certify that
___________________________________________________________________, the testator,
and ___________________________________________________________________,
___________________________________________________________________, the
witnesses, whose names are signed to the attached or foregoing instrument and whose signatures
appear below, having appeared together before me and having been first duly sworn, each then
declare to me that the attached or foregoing instrument is the last will of the testator; the testator
willingly and voluntarily declared, signed and executed the will or willingly directed another to
sign in the presence of the witnesses; the witnesses signed the will upon request by the testator,
in the presence and hearing of the testator, and in the presence of each other; to the best
knowledge of each witness the testator was, at the time of the signing, eighteen (18) years of age
or older, of sound mind, and under no constraint or undue influence; and each witness was and is
competent, and of the proper age to witness a will.
_______________________________________ [Signature of Testator]
_______________________________________ [Printed or typed name of Testator]
_______________________________________ [Address of Testator, Line 1]
_______________________________________ [Address of Testator, Line 2]
_______________________________________ [Signature of Witness #1]
_______________________________________ [Printed or typed name of Witness #1]
_______________________________________ [Address of Witness #1, Line 1]
_______________________________________ [Address of Witness #1, Line 2]
_______________________________________ [Signature of Witness #2]
_______________________________________ [Printed or typed name of Witness #2]
_______________________________________ [Address of Witness #2, Line 1]
_______________________________________ [Address of Witness #2, Line 2]
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 9
Subscribed, sworn, and acknowledged before me,
______________________________________________________, a notary public, by
______________________________________________________, the testator, and by
______________________________________________________, and
______________________________________________________, the witnesses, this
______________ day of ___________________________, 20_____.
SIGNED:
______________________________________________________
______________________________________________________
Official Capacity of Officer
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 10
Note: Carefully read and follow the Instructions and Comments contained in this document for
your customization to suit your specific circumstances and requirements. You will want to
delete the Instructions and Comments from open bracket (“[“) to close bracket (“]”) after
reading and following them. You (or your attorney) may want to make additional modifications
to meet your specific needs and the laws of your state
◊Where within this document you see this symbol: ◊ or an instruction states “Insert any number you choose◊,”
or something similar, or there is a blank for the user to complete, please note that although Docstoc believes the
information or number may be any that the user chooses, and that there is no law governing what the
information or number should be, you might want to verify this, including by consulting with your own attorney
practicing in your state, and be reasonable.
INFORMATION AND FORMS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY
OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF
INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL
DOCSTOC, INC., OR ITS AGENTS, OFFICERS, ATTORNEYS, ETC., BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
MATERIALS, EVEN IF DOCSTOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your use of this document is deemed to be your agreement to the foregoing, the disclaimers on the cover page,
and that you have read and agree to our Terms of Service
(http://www.docstoc.com/popterm.aspx?page_id=15), as well as our disclaimer that Legal information is not
legal advice, and the important content available here: Read More
(http://www.docstoc.com/popterm.aspx?page_id=114)
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 11