Last Will and Testament
Divorced Not Remarried
With Minor Child
ocstoc Legal Agreements
This Last Will and Testament is intended to be used by a divorced person,
not remarried and having minor 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. This document is intended to make sure that your minor children,
relatives and dear ones 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 of Virginia under Virginia Statues, Title 64.4- Will and Descendents Estates, Chapter 3,
Section 46, 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 divorced from _______________________________________ [Instruction: Insert the
name of ex-spouse]. I am not married. Further, I am a parent of the following children:
[Instruction: Insert the Name of the Children and their respective Date of Birth]
Name: __________________________ Date of Birth: __________________
Name: __________________________ Date of Birth: __________________
Name: __________________________ Date of Birth: __________________
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 that 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 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.
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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 in the sections provided below]
Name :_____________________________________
Address :_____________________________________
Relationship :_____________________________________
Property : ________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
__________________________________________________________________________
Name : _____________________________________
Address : _____________________________________
Relationship : _____________________________________
Property : ________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Name : _____________________________________
Address : _____________________________________
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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 VI
ALL PROPERTY OF EVERY KIND
I will, devise, bequeath and give all 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 (“Residuary Estate”), to my
child (ren) _____________________________________ [Instruction: Insert the name of child
or children]. If any of my children shall predecease me, then the equal share set apart for that
deceased child shall instead be distributed to his or her descendants, per stirpes. If one of my
children shall predecease me leaving no descendants surviving, then the equal share set apart for
that deceased child shall instead be distributed to my other child, or if that child has also
predeceased me, then to his or her descendants, per stirpes.
ARTICLE V
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
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the administration of the Trust as are granted to Trustees under Virginia Statues, Title 64.4- Will
and Descendents Estates, Chapter 3, Section 57, 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 VI
PROPERTY TO VEST IN TRUSTEE FOR MINOR BENEFICIARY
If at the time of my death, any of my child(ren) are minors under the age of Eighteen (18) years
of age, 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 of my child(ren) in
accordance with their accustomed standard of living as much as is possible;
b. As each beneficiary herein reaches the age of Eighteen (18) 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) the Trustee shall distribute
all of the remaining 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
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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 any other term or condition desired by the
Testator]
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
__________________________________________________________________________.
ARTICLE VII
GUARDIAN
In the event I shall die as the sole parent of minor children, then I appoint
______________________________ [Instruction: Insert the name of the Guardian] as
Guardian of said minor children. If this named Guardian is unable or unwilling to serve, then I
appoint ___________________________ [Instruction: Insert the name of the alternate
Guardian] as alternate Guardian.
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ARTICLE VIII
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 of 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 Virginia and
to the extent not prohibited by the laws of Virginia Statues, Title 64.4- Will and Descendents
Estates, Chapter 3, the following additional powers: [Instruction: Specify the Additional power
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.
ARTICLE IX
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
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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 X
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 XI
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.
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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 no of page]
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]
Signed by Testator: ____________________________________
[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 Virginia
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 of 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 Name of Testator]
___________________________________________________ [Address of Testator, Line 1]
___________________________________________________ [Address of Testator, Line 2]
___________________________________________________ [Signature of Witness #1]
___________________________________________________ [Printed Name of Witness #1]
___________________________________________________ [Address of Witness #1, Line 1]
___________________________________________________ [Address of Witness #1, Line 2]
___________________________________________________ [Signature of Witness #2]
___________________________________________________ [Printed Name of Witness #2]
___________________________________________________ [Address of Witness #2, Line 1]
___________________________________________________ [Address of Witness #2, Line 2]
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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
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