[FORM OF WILL] [LAST WILL AND TESTAMENT, COUPLE LIVING TOGETHER, NOT MARRIED] THIS IS THE LAST WILL AND TESTAMENT of me ________________, of the City _____________, in the Province/State of _________________ . PART I: BASIC MATTERS 1.00 REVOCATION
1.00 I HEREBY REVOKE all Wills and Codicils of every nature and kind previously made by me. 2.00 APPOINTMENT OF EXECUTOR/TRUSTEE
2.00 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 ____________, _______________ 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. PART II: DISPOSITION OF ESTATE 3.00 TRANSFER TO TRUSTEES
3.00 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: (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
2 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 3.00 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 ________________________ (enter relevant tax act); 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; 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 _____________, ______________, if he/she survives me; and
(c)
(d)
(ii) to pay one-half share to my ______________, _______________, 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 sha