Last Will and Testament
Married, Domestic Partner or
Civil Union with Minor
Children from Prior Marriage
ocstoc Legal Agreements
This Last Will and Testament may be used by a married person, or one in a
domestic partnership or civil union, having minor children from previous
marriage. 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. This document is intended
to make sure that your spouse and minor children receive your assets in the
proportion and manner desired by you.
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Entire document © Docstoc, Inc., 2010, 2011
Attorney Drafted
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LAST WILL AND TESTAMENT OF
_______________________________________
[Instruction: Insert the name of Testator]
I, _______________________________________ [Instruction: Insert the name of Testator]
resident Nevada under Nevada Statues, Title 12- Will And Estates Of Descendents Partner,
Chapter 133, Section 20, 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 in a domestic partnership or civil union with
________________________________ [Instruction: Insert the name of spouse or partner]
and have the following child or children from one or more prior marriages:
[Instruction: Insert the Name of the Children and DOB]
Name: __________________________ Date of Birth: __________________
Name: __________________________ Date of Birth: __________________
Name: __________________________ Date of Birth: __________________
ARTICLE II
PERSONAL REPRESENTATIVE
I hereby appoint ___________________________________ [Instruction: Insert the Name of
Personal Representative] as Personal Representative of this my Last Will and Testament, and,
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
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statute of 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
GUARDIAN
In the event that a guardian is necessary for any of my children that may be minors under the age
of __________________ [Instruction: Insert the age below which you desire a guardian be
appointed for your children] years, then on the date of my death, I appoint
_____________________________ [Instruction: Insert the Guardian Name], as Guardian of
said minor children. If this named Guardian is unable or unwilling to serve, then I appoint
___________________________ [Instruction: Insert the Alternate Guardian Name] as
alternate Guardian.
ARTICLE IV
BEQUESTS
I will, give, and bequeath unto the persons named below, if he or she survives me, the Property
described below: [Instruction: Specify the specific property go to a specific person]
Name : _____________________________________
Address : _____________________________________
Relationship : _____________________________________
Property : ________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________________________________________________.
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Name : _____________________________________
Address : _____________________________________
Relationship : _____________________________________
Property : ________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________________________________________________.
Name : _____________________________________
Address : _____________________________________
Relationship : _____________________________________
Property : ________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________________________________________________.
If a named beneficiary to this Will predeceases me, the bequest to such person shall be
distributed pursuant to the residuary clause, below.
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ARTICLE V
PRIMARY RESIDENCE OR HOMESTEAD
[Instruction: Choose any one clause below]
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 my
______________ [Choose the appropriate [wife, husband, or partner],
__________________________ [Instruction: Insert the name], if he or she survives me. If he
or she does not survive me, then my primary residence or homestead shall pass under the
residuary clause of this Will.
Or
I will, devise and bequeath all my interest in my homestead or primary residence, if I own a
homestead or primary residence on the date of my death that passes through this Will, to my
child (ren), ___________________________________________ [Instruction: Insert the name
of child (ren) who receive primary residence or homestead] If I have and name more than one
child, they are to receive the property ______________ [Choose the appropriate [equally, per
stirpes, or equally and the survivor].
ARTICLE VI
ALL REMAINING PROPERTY – RESIDUARY CLAUSE
[Instruction: Choose any one clause below]
I will, devise, bequeath and give all the rest and remainder of my property and estate of every
kind and character, including, but not limited to, real and personal property in which I may have
an interest at the date of my death and which is not otherwise effectively disposed of, to my
_________________ [Choose the appropriate [wife, husband or partner],
_______________________ [Instruction: Insert the name].
Or
I direct that my residuary estate be distributed in ____________________________ [Choose the
appropriate [equally, per stirpes, or equally and the survivor] to
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__________________________ [Instruction: Insert the name of child (ren) who receives all
other property]. [Instruction: Please remove the article VII if using this clause]
ARTICLE VII
CONTINGENT - ALL REMAINING PROPERTY – RESIDUARY CLAUSE
In the event that my spouse shall predecease me, I will, devise, bequeath and give all the rest and
remainder of my property and estate of every kind and character, including, but not limited to,
real and personal property in which I may have an interest at the date of my death and which is
not otherwise effectively disposed of, to my child (ren) ___________________________
[Instruction: Insert the name of the Children]. If I have and name more than one child, they
are to receive the property _________________________ [Choose the appropriate [equally,
per stirpes, or equally and the survivor]
ARTICLE VIII
PROPERTY TO VEST IN TRUSTEE FOR MINOR BENEFICIARY
1. If at the time of my death, any of my child (ren) are minors under the age of Eighteen (18)
years, then I direct my Personal Representative to transfer, assign and deliver all the assets
that have passed under this Will to any minor child (ren) to my Trustee, named below.
I direct my Trustee to hold said Beneficiaries share of my estate on the following terms and
conditions:
a. The Trust property shall be held and administered by the Trustee, under the
provision of this Will, in order to provide for health, education and general
welfare in accordance with their accustomed standard of living as much as is
possible
b. As each beneficiary herein attained the age of Eighteen (18) years, the Trustee
shall distribute to said beneficiary his or her share of the trust principal and
income as of the distribution date. When the youngest Beneficiary reaches the
age of Eighteen (18) years, the Trustee shall distribute all of the remaining
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Trust property including principal and accumulated income to the beneficiary
and this Trust shall terminate. In making said distributions, the Trustee may
make distributions in kind and shall have the sole discretion as to valuation of
the Trust property in determining and apportioning distributions among the
beneficiaries.
c. In the event of the death of any of the above named beneficiary prior to the
final date of distribution, and said deceased beneficiary shall leave living
issue, the Trustee shall hold only that portion of the Trust property attributable
to said deceased beneficiary beyond the distribution dates as provided in
Subparagraph (b) above, and administer said Trust property for the use and
benefit of said living issue. When said youngest living issue reaches the age of
Eighteen (18) years, the Trust as to said living issue shall terminate and the
Trustee shall distribute all of the remaining Trust property in equal shares to
said living issue. In the event of the death of any of the above named
beneficiaries prior to the final date of distribution and said deceased
beneficiaries leave no living issue, then that portion of the Trust property to be
distributed to the deceased beneficiaries as provided for in Subparagraph (b)
above, shall instead be distributed to the surviving beneficiaries in equal
shares.
d. Personal and real property may be maintained for my beneficiaries or
converted to cash as my Trustee shall determine. I direct that my Trustee
administer hereunder any funds coming into the hands of my beneficiaries
pursuant to any life insurance policy insuring my life.
e. Other Condition: [Instruction: Insert the other term as necessary deem fit by the
testator]
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
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________________________________________________________________________
________________________________________________________________________
______________________________________________________________________.
ARTICLE IX
APPOINTMENT OF TRUSTEE
I appoint _____________________________ [Instruction: Insert the name of the Trustee], or
if the named Trustee is unable or unwilling to serve, I appoint
_____________________________ [Instruction: Insert the name of the Alternate Trustee],
as Trustee of the Trust provisions of this Will to serve in said capacity with all the powers during
the administration of the Trust as are granted to Trustees under Nevada Statues, Title 13, Chapter
163, Section 23, law including the power to sell any of the real or personal property of the Trust
for cash or on credit or to mortgage it or to lease it, all to be exercised without Court order. The
Trustee named herein shall also have all powers as are granted to my Personal Representative
under the provisions of this Will during the administration of this private Trust.
ARTICLE X
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 approval or any Court. I grant unto my Personal Representative, all powers
that are allowed to be exercised by Personal Representatives by the laws of the State of Nevada
and to the extent not prohibited by the laws of Nevada Statues, Title 12- Will and Estates of
Descendents Partner, the following additional powers:
[Instruction: Specify the Additional power of the Personal Representative]
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_________________________________________________________________________.
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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.
ARTICLE XI
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 person named herein is indebted to me at the time of my death and such
indebtedness be evidenced 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 the ashes must be 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 XII
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.
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ARTICLE XIII
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 _________________ [Choose the appropriate [him or her] to be
_________________ [Choose the appropriate [his or her] last Will. We, at the request and in
the presence of _________________ [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
I, _______________________________, the testator, sign my name to this instrument 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 therein expressed, and that I am eighteen (18) years of age or
older, of sound mind, and under no constraint or undue influence.
____________________________ Testator
We, _________________________, ___________________________, the witnesses, sign our
names to this instrument, being first duly sworn, and do hereby declare to the undersigned
authority that the testator signs and executes this instrument as his last will and that he signs it
willingly (or willingly directs another to sign for him), and that each of us, in the presence and
hearing of the testator, hereby signs this will as witness to the testator's signing, and that to the
best of his knowledge the testator is eighteen (18) years of age or older, of sound mind, and
under no constraint or undue influence.
________________________________
Witness
________________________________
Witness
The State of Nevada
County of __________
Subscribed, sworn to and acknowledged before me by ___________________, the testator and
subscribed and sworn to before me by ______________, and _________________, witnesses,
this ____________ day of _________.
(Seal)
(Signed) ______________________
______________________________
(Official capacity of officer)
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