Last Will and Testament - Married, Domestic Partnership or Civil Union with No Children

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Last Will and Testament - Married, Domestic Partnership or Civil Union with No Children Powered By Docstoc
					This Last Will and Testament may be used by an individual who is married or in a
domestic partnership or civil union, with no 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. This document is a useful estate planning tool for individuals who want to
determine the manner in which their assets are distributed upon death.
                                LAST WILL AND TESTAMENT OF

                          _______________________________________
                            [Instruction: Insert the name of testator]

I, _______________________________________ [Instruction: Insert the name of testator]
resident of __STATE__ under [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, hereby expressly revoking all Wills and
Codicils previously made by me.

                                          ARTICLE I

                                 MARRIAGE AND CHILDREN

I am married to or have a domestic partnership or civil union with
_______________________________________ [Instruction: Insert the name of your spouse
or domestic partner]. 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
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”.

                                         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]




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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

                          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



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__________________________ [Instruction: Insert the name of person(s) who is/are to
receive all other property].

                                           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 __STATE__
and to the extent not prohibited by the laws of __STATE__ [STATUTE], 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.

                                          ARTICLE VII

                                   OPTIONAL PROVISIONS

I have placed my initials next to the provisions below that I adopt a
				
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Description: This Last Will and Testament may be used by an individual who is married or in a domestic partnership or civil union, with no 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. This document is a useful estate planning tool for individuals who want to determine the manner in which their assets are distributed upon death.