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Virginia Last Will and Testament - Couple Living Together Not Married with Minor Children

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Virginia Last Will and Testament - Couple Living Together Not Married with Minor Children Powered By Docstoc
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                             This Last Will and Testament may be used by an individual who resides with a significant
                             other but is not married, with adult children. It is intended to adequately provide for the
                             appointment of a personal representative who will administer the individual's last will and
                             testament and carry out its provisions. This document will make sure that the individual's
                             assets and property are distributed in the manner prescribed by the individual. It also
                             includes a testamentary trust that will provide for any minor beneficiaries until they reach
                             the age of twenty-one and appoints a guardian for the minor children. This document is a
                             useful estate planning tool for individuals located in Virginia who want to determine the
                             manner in which their assets are distributed upon death.
             ®




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                             LAST WILL AND TESTAMENT OF

                         _______________________________________
                           [Instruction: Insert the name of Testator]

I, _______________________________________, [Instruction: Insert the name of testator] a
resident of Virginia, under Virginia [STATUTE], 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 and testament (hereinafter the
“Last Will and Testament” or the “Will”), hereby expressly revoking all Wills and Codicils
previously made by me.

                                            ARTICLE I

                                 MARRIAGE AND CHILDREN

I am not married. I reside with ___________________________ [Instruction: Insert the name
of the person with whom you/Testator reside]. I am a parent of the following minor children:

[Instruction: Insert the name(s) of the Child(ren) and 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 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.

No bond or security of any kind shall be required of any personal representative appointed in this
will.

My personal representative, whether original, substitute, or successor shall hereafter also be
referred to as my “Executor”.




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                                           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 people and details of property you wish to
give them in the sections provided below]

Name         :      _____________________________________
Address      :      _____________________________________
Relationship :       _____________________________________
Property     : ________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________.

Name         :      _____________________________________
Address      :      _____________________________________
Relationship :      _____________________________________
Property     : ________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________.

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

                              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


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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
the administration of the Trust as are granted to Trustees under Virginia [STATUTE], 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 that 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 reaches the age of Twenty One (21) 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 Twenty One (21) years, 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 Beneficiaries 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 Twenty One (21) 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


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   event of the death of any of the above named Beneficiaries prior to the final date of
   distribution and said deceased Beneficiary leaves 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. 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.

d. Other Condition: [Instruction: Insert any other specific term or condition desired by the
   Testator]

   ___________________________________________________________________________
   ___________________________________________________________________________
   ___________________________________________________________________________
   ___________________________________________________________________________
   ___________________________________________________________________________
   __________________________________________________________________________.

                                          ARTICLE VII

                                            GUARDIAN

__________________________ [Instruction: Insert the name of the person to be appointed
as 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.

                                          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 [STATUTE], the following additional
powers: [Instruction: Specify the additional power(s) 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 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
             [optional: 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 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


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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 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]



Signature of 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

State of Virginia
County of __________________

We,           ___________________________________________________________________,
___________________________________________________________________,
___________________________________________________________________,                            and
___________________________________________________________________, the testator
and the witnesses respectively, whose names are signed to the attached instrument in those
capacities, personally appearing before the undersigned authority and first being duly sworn, do
hereby declare to the undersigned authority under penalty of perjury that the testator declared,
signed, and executed the instrument as his/her last will; he/she signed it willingly or willingly
directed another to sign for him/her; he/she executed it as his/her free and voluntary act for the
purposes therein expressed; and each of the witnesses, at the request of the testator, in his or her
hearing and presence, and in the presence of each other, signed the will as witness and that to the
best of his or her knowledge the testator was at that time eighteen (18) years of age or older, of
sound mind and under no constraint or undue influence.


_______________________________________ [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]


Subscribed, sworn, and acknowledged before me,
______________________________________________________, a notary public, by
______________________________________________________, the testator, and by
______________________________________________________, and
______________________________________________________, the witnesses, this
______________ day of ___________________________, 20_____.




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[NOTARIAL SEAL]


______________________________________________________
Notary Public's Signature



My Commission Expires: _______________________________




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Description: This Last Will and Testament may be used by an individual who resides with a significant other but is not married, with adult children. It is intended to adequately provide for the appointment of a personal representative who will administer the individual's last will and testament and carry out its provisions. This document will make sure that the individual's assets and property are distributed in the manner prescribed by the individual. It also includes a testamentary trust that will provide for any minor beneficiaries until they reach the age of twenty-one and appoints a guardian for the minor children. This document is a useful estate planning tool for individuals located in Virginia who want to determine the manner in which their assets are distributed upon death.
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