Last Will and Testament - Couple Living Together Not Married

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Last Will and Testament - Couple Living Together Not Married Powered By Docstoc
					               THIS IS THE LAST WILL AND TESTAMENT of me, ________________, of
               the City _____________, in the Province/State of _________________.

                                               I.            BASIC MATTERS

    1. REVOCATION: I HEREBY REVOKE all Wills and Codicils of every nature and kind
       previously made by me.

    2. APPOINTMENT OF EXECUTOR/TRUSTEE: I APPOINT my common law spouse,
       ________________, to be the Executor and Estate Trustee of this my Will, provided that
       if my said common law spouse dies either before or after me and either before or after
       obtaining a Certificate of Appointment of Trustee with a Will or is or becomes at any
       time unable or unwilling to act or to continue to act as the Executor and Estate Trustee of
       this my Will then I APPOINT my ____________, [Comment: insert description of
       relationship] _______________ [Comment: insert name] to act as my Executor and
       Estate Trustee of this my Will in the place of my said common law spouse,
       ___________________. I declare that the expression "my Trustees" used throughout this
       my Will shall include, where the context permits, the Executor and Estate Trustee or the
       Executors and Estate Trustees of this my Will for the time being acting as such whether
       original, additional or substituted.

                                               II.           DISPOSITION OF ESTATE

    1. TRANSFER TO TRUSTEES: I GIVE all the assets of my estate, both real and
       personal, of whatsoever kind and wheresoever situate, including any property over which
       I may have a general power of appointment, to my Trustees upon the following trusts:




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    A. To pay out of and charge to the capital of my general estate my just debts (including any
       income or profits tax payable by or in respect of me for the year of my death or any
       previous year), funeral and testamentary expenses, and, except as hereinafter provided,
       all estate, legacy, succession and inheritance taxes or duties, whether imposed by or
       pursuant to the law of this or any other jurisdiction whatsoever (such duties and taxes
       being hereinafter in this my Will collectively referred to as "death taxes"), that may be
       payable in connection with any property passing (or deemed by any governing law to
       pass) on my death or in connection with any insurance on my life or any gift or benefit
       given or provided by me either in my lifetime or by survivorship or by this my Will or by
       any Codicil hereto, and whether such death taxes be payable in respect of estates or
       interests which fall into possession at my death or at any subsequent time. I HEREBY
       AUTHORIZE my Trustees to commute or prepay any such death taxes upon any
       remainder interest or interest in expectancy until such interest shall fall into possession or
       to pay any such death taxes at any intermediate time which my Trustees consider to be in
       the best interests of my estate. The direction and authorization contained in this
       paragraph shall not apply to nor include any death taxes payable by a purchaser or
       transferee in connection with any property transferred to or acquired by such purchaser or
       transferee on or after my death under any agreement made by me or pursuant to any
       condition or restriction relating to the transfer or acquisition of such property;

    B. To exercise at my Trustees' discretion any and all elections permitted under the
       ________________________ [Comment: user should enter the relevant tax act];

    C. If my said common law spouse, __________________ survives me for thirty (30) clear
       days, to pay or transfer to him/her, as his/her absolute property, the residue of my estate;

    D. If my said common law spouse, _________________ does not survive me or dies within
       thirty (30) clear days of my death, I DIRECT my Trustees to divide the residue of my
       estate into as many equal shares as necessary to effect the following distribution:

         (i)   to pay one-half share to my ____________, [Comment: insert description of
               relationship] _______________ [Comment: insert name] if he/she survives me;
               and

         (ii) to pay one-half share to my ____________, [Comment: insert description of
              relationship] _______________ [Comment: insert name] if he/she survives me.

         PROVIDED, however, that if any of the aforementioned beneficiaries predecease me
         leaving a child or children who survive me, then my Trustees shall pay or transfer the
         share to which such deceased beneficiary would have been entitled if alive, to the living
         child or children of said deceased beneficiary in equal shares per capita; PROVIDED
         FURTHER, however, that should any of the aforementioned beneficiaries predecease me,
         leaving no child or children, I DIRECT my Trustees to pay or transfer one-half of the

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         residue of my estate to my parents, or to the survivor of them, but if neither of my parents
         survive me then their share shall be divided in equal shares among the survivors of my
         brothers and sisters, and I DIRECT my Trustees to pay or transfer the remaining one-half
         of the residue of my estate to my wife's parents, or to the survivor of them, but if neither
         of my wife's parents survive me, then their share shall be divided in equal shares among
         the survivors of my wife's brothers and sisters;

    E. IF ANY BENEFICIARY acquires a vested interest in any share of my estate before
       attaining the age of majority, my Trustees shall hold and keep the interest of such
       beneficiary invested and, subject to the applicable laws against accumulations and the
       provisions of my Will providing for distribution of any share
				
DOCUMENT INFO
Description: A Last Will and Testament is a legal document by a person who designates one or more persons to act as an executor and manage his or her estate upon their death. This Last Will and Testament provides for a common law couple living together who have no children. This document is not in contemplated of the common law couple marrying.
This document is also part of a package Estate Planning for Couple Living Together 6 Documents Included