Last Will & Testament
of
________________________
PRINT YOUR NAME ABOVE
I, __________________________ (print your name), do hereby make and declare this
my last will and testament. I revoke all my prior wills and codicils.
I am/ am not married to ____________________, and have ____ children: ________
__________________________________________________________________________.
ARTICLE I
FIDUCIARIES
A. Executor. I nominate and appoint __________________________ (1st executor)
to be my Executor. In the event he is unable or unwilling to serve, or to continue to serve,
under this instrument, I nominate and appoint DOMINION TRUST COMPANY, INC., A SOUTH
DAKOTA CORPORATION) as my Executor in his stead.
B. Trustee. I nominate and appoint __________________________ (1st trustree) to
be my Trustee. In the event he is unable or unwilling to serve, or to continue to serve, under
this instrument, I nominate and appoint DOMINION TRUST COMPANY, INC., A SOUTH
DAKOTA CORPORATION) as my Trustee in his stead.
C. Guardian. I nominate and appoint __________________________, to be the
Guardian of my minor children. (0nly use if you have minor children under your care)
D. Fiduciary Powers. In addition to the powers granted by law, I grant my Executor
and my Trustee the powers set forth in the code of ________________________ (list state
you live in). I have not read these powers and, understanding that they may from time to time
be amended, desire that they be incorporated into this Will by reference, and do by this
reference so incorporate these powers.
It is my wish and I do hereby request that no security be required of any named person
who qualifies as my Executor and/or Trustee herein.
My Executor and my Trustee shall be entitled to reimbursement for costs and
expenses incurred in the lawful settlement of my estate. My Executor and my Trustee shall
also be entitled to reasonable compensation for services rendered in the settlement of my
estate.
If any asset held by me at the time of my death does not meet the statutory
requirements for fiduciary investing as set forth in the Code of Virginia, my Executor and/or
Trustee may nevertheless retain the asset for so long as my Executor and/or Trustee may
deem appropriate.
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ARTICLE II
DEBTS, TAXES AND OTHER CHARGES
A. Debts. My Executor shall pay or provide for the payment of my legally
enforceable debts and any charitable pledges.
B. Funeral Expenses. My Executor shall pay or provide for the payment of the
expenses of my funeral and burial, including the cost of a headstone or marker.
C. Taxes. My Executor shall pay or provide for the payment of all estate, inheritance
and similar taxes payable by reason of my death, including taxes on assets not passing under
this will and interest on taxes. In addition, my Executor shall pay or provide for the payment
of any generation-skipping transfer taxes incurred at my death with respect to property
passing under this will. All such taxes and interest shall be paid as a cost of administering
my estate and without apportionment.
ARTICLE III
DISTRIBUTION OF MY ESTATE
A. Bequest of Tangible Personal Property.
1. If my spouse survives me, I give, devise, and bequeath to my spouse all of
the tangible personal property owned by me at the time of my death, if he survives me.
2. If my spouse does not survive me or does not exist, I give, devise and
bequeath all of the remainder of tangible personal property owned by me at the time of my
death, to be divided equally among my children and their heirs per stirpes.
B. Real Estate.
I give and devise to my spouse all the interest in the property that serves as our
principle residence at my death (whether that property be a condominium, cooperative, or
other), including all adjoining land, any related casualty insurance, and all fixtures
customarily used in connection with such property. If my spouse does not survive me or does
not exist, I give and devise principle residence owned by me at the time of my death, to be
divided equally among my children and their heirs per stirpes.
C. Remainder of Estate.
1. If my spouse survives me, all of the rest, residue and remainder of my
estate, howsoever held and wheresoever situate, I give, devise and bequeath to my spouse.
2. If my spouse does not survive me or does not exist, I give, devise, and
bequeath the following specific requests.
3. If my spouse does not survive me, I give the rest, residue and remainder of
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my estate, howsoever held and wheresoever situate, to be divided equally among my children
and their heirs per stirpes.
D. Takers in Default. If there is no living beneficiary designated to receive the assets
passing under authority of this will, my Executor shall distribute half of the assets of my
estate to the persons who would inherit my personal estate under the laws of Virginia then in
effect if I had then died without a will and unmarried. My Executor shall distribute the other
half of the assets of my estate to the persons who would inherit my wife's personal estate
under the laws of Virginia then in effect if she had then died without a will and unmarried.
E. Vesting Not Postponed. The provisions of this Article shall not postpone the
vesting of any interest in the beneficiary.
F. Distribution to Young or Disabled Beneficiary. My Executor or my Trustee may
distribute any interest vesting in a beneficiary who is under age twenty-one (21), who is
legally disabled, or is under a disability that in the opinion of the Executor or Trustee
prevents the beneficiary from properly managing his or her affairs, my Executor or Trustee
may make the distribution to:
(1) the beneficiary:
(2) an adult person furnishing support, maintenance, or education to the
beneficiary to be held for the benefit of the beneficiary:
(3) a legally appointed guardian or committee of the beneficiary;
(4) a custodian selected by the Executor or Trustee under the Uniform
Transfers to Minors Act (21);
or (5) a custodial trustee selected by the Executor or Trustee under the Virginia
Uniform Custodial Trust Act.
Any distribution of such property shall fully discharge any liability of the Executor or
Trustee pertaining to such property.
ARTICLE IV
MINOR'S TRUST
A. Trust Provisions. Whenever any bequest, trust payment or other interest in my
estate or any trust thereunder vests in a beneficiary under age twenty-five (25), my Trustee
may hold the interest in trust according to the terms of this Article IV, "Minor's Trust". My
Trustee may pay to or for the benefit of the beneficiary as much of the net income or principal
of the trust as my Trustee may deem appropriate for the beneficiary's support, health and
education, including but not limited to college tuition and room and board.
B. Right of Withdrawal. When the beneficiary reaches age twenty-five, my Trustee
shall, upon written request from the beneficiary, distribute the one forth of their share of trust
assets to the beneficiary. The rest of each beneficiary’s share of trust assets shall be
distributed at age twenty-five (25).
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C. Predeceased Beneficiary. If the beneficiary dies before reaching age twenty-five
(25), my Trustee shall continue to hold the trust assets belonging to the predeceased
beneficiary in trust for the benefit of the surviving lineal descendants of the predeceased
beneficiary. If the predeceased beneficiary does not have any surviving lineal descendants,
the Executor shall distribute as if that beneficiary never existed.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. Spendthrift Provisions. To the extent permitted by law, any lifetime interest
granted herein shall not be liable for the debts of any beneficiary or subject to alienation or
anticipation by a beneficiary, except as otherwise provided.
B. Construction of Terms. Where appropriate to the context, pronouns or other terms
expressed in one number and gender shall be deemed to include the other numbers and
genders.
C. Presumption of Survivorship. In the event that my spouse and myself shall die
under such circumstances that there is not sufficient evidence to determine who predeceased
the other, I direct that it shall be deemed that I shall have predeceased my spouse, and that
this will and any and all of the provisions shall be construed on that assumption and basis.
D. Presumption of Validity. Should any part, clause, or condition of this Will be held
to be void, invalid, or inoperable, then I direct that such invalidity shall not affect any other
part, clause, provisions, or condition hereof, but the remainder of this Will shall be effective
as though such part, clause, provision, or condition had not been contained herein.
ARTICLE V
SIGNATURE OF TESTATOR
I have signed and sealed my will consisting of five (5) typewritten pages, on all of
which I have placed my signature for security, dated ______________________________.
________________________________
YOUR SIGNATURE
The testatrix, __________________________ (print your name), signed, sealed and
declared this as her will in our presence on the date shown above. At the request of the
testatrix we have both signed our names as witnesses. All of this occurred at the same time
and the testatrix and we were present together throughout.
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Signature of Witness Signature of Witness
_________________________ _________________________
_________________________ _________________________
_________________________ _________________________
STATE OF ________________________
CITY/COUNTY OF ________________________ to wit:
Before me, the undersigned Notary Public in and for the aforesaid State, on this date
personally appeared __________________________ (print your name),
____________________ (witness name) and ____________________ (witness name)
known to me to be the testatrix and witnesses respectively, whose names are signed to the
foregoing instrument; and, all of these persons being by me first duly sworn
__________________________ (print your name), the testatrix, declared to me and to the
witnesses in my presence that said instrument is her last will and testament and that she had
willingly signed and executed it in the presence of said witnesses as her free and voluntary
act for the purposes therein expressed, and said witnesses stated before me that the foregoing
will was executed and acknowledged by the testatrix as her last will and testament in the
presence of said witnesses who, in her presence, and at her request, and in the presence of
each other did subscribe their names thereto as attesting witnesses on the day of the date of
said will, and that the testatrix at the time of the execution of said will was over the age of
eighteen years and of sound and disposing mind and memory.
_________________________________
YOUR SIGNATURE
_________________________________ _________________________________
Witness Signature Witness Signature
Subscribed, sworn, and acknowledged before me by __________________________
(print your name), the testatrix; subscribed and sworn before me by ____________________
(witness name) and ____________________ (witness name) witnesses, dated
______________________________.
(SEAL) __________________________________
Notary Public:
Commission expiration date:
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