Documents
Resources
Learning Center
Upload
Plans & pricing Sign in
Sign Out

Last Will and Testament - Couple Living Together Not Married

VIEWS: 1,149 PAGES: 8

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.

More Info
  • pg 1
									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:




© Copyright 2011 Docstoc Inc. registered document proprietary, copy not               1
                                                            2

    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

© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                  2
                                                            3

         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 of my estate later than upon
       a beneficiary attaining the age of majority, my Trustees shall pay, apply or use the
       income and capital, or so much thereof as my Trustees shall in their unfettered discretion
       determine necessary or advisable, for the benefit of such beneficiary until he or she
       attains the age of majority when the capital of such share or the amount thereof remaining
       shall be paid or transferred to him or her. Any income not so used in any year shall be
       added to the capital of such share and dealt with as part thereof;

[Comment: user may instead choose to insert the following language in section (E) – “IF
ANY BENEFICIARY acquires a vested interest in any share of my estate before attaining
the age of twenty-five (25) years, such interest shall be held and kept invested by my
Trustees and the whole or such part of the net income derived therefrom and any part or
parts of the capital thereof that my Trustees may consider advisable from time to time shall
be paid to or used for the maintenance, education and benefit of such beneficiary until he
or she attains the age of twenty-five(25) years when the capital of such share or the amount
thereof remaining shall be paid or transferred to him or her. Any income not so used in
any year shall be added to the capital of such share and dealt with as part thereof, until the
twenty-first anniversary of my death, after which date the whole of the net income in each
year shall be paid to or for the benefit of such beneficiary.”]

    F. NOTWITHSTANDING anything else contained in this my Will or any Codicil hereto, if
       my Trustees in their absolute discretion consider it advisable, I authorize my Trustees to
       pay or transfer any beneficiary=s share or interest in trust on the same terms as herein
       provided for my Trustees, to a parent, guardian, person standing in loco parentis to such
       beneficiary or to such other person or institution for the benefit of such beneficiary, and
       the payee=s receipt shall be a sufficient discharge to my Trustees who shall not be
       required to see to nor account for the subsequent disposition thereof;

    G. I AUTHORIZE my Trustees to make any payments for any person under the age of
       majority to a parent or legal or de facto guardian of such person or to anyone to whom
       my Trustees in their uncontrolled discretion consider it advisable to make such payments,
       whose receipt shall be a sufficient discharge to my Trustees.


© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                  3
                                                             4

                                                      III.       DIRECTIONS TO AND POWERS OF
                                                                          TRUSTEES

    1. IN ADDITION TO ALL OTHER POWERS by this my Will or by any Codicil hereto
       or by any statute or law conferred on them my Trustees shall have the following powers:

    A. My Trustees may use their discretion in the realization of my estate with power to my
       Trustees to sell, call in and convert into money any part of my estate not consisting of
       money at such time or times, in such manner and upon such terms, and either for cash or
       credit or for part cash and part credit as my Trustees in their uncontrolled discretion
       decide upon, or to postpone such conversion of my estate or any part or parts thereof for
       such length of time as they may think best, and I HEREBY DECLARE that my Trustees
       may retain any portion of my estate in the form in which it may be at my death
       (notwithstanding that it may not be in the form of an investment in which Trustees are
       authorized to invest trust funds, and whether or not there is a liability attached to any
       such portion of my estate) for such length of time as my Trustees may in their
       uncontrolled discretion consider advisable;

    B. If at any time my Trustees hold in my estate any investment in or in connection with any
       company or corporation my Trustees may join in or take any action in connection with
       such investments or may exercise any rights, powers and privileges which at any time
       may exist or arise in connection with any such investment to the same extent and as fully
       as I could if I were alive and the sole owner of such investment. My Trustees may retain
       as an investment of my estate, for such length of time as in their uncontrolled discretion
       they consider advisable, any asset or other interest whatsoever acquired by them through
       the exercise of the powers hereinbefore given to them, whether or not they are authorized
       trustee investments;

    C. TO BORROW money for such purposes in connection with the administration of my
       estate, and to mortgage, hypothecate and alienate all or some of the assets of my estate as
       my Trustees in their absolute discretion deem advisable. My Trustees may borrow from
       any person or corporation, notwithstanding that such person may be a member of my
       family or such corporation may be Trustees under this my Will), and the person (or
       corporation from whom my Trustees borrow shall nevertheless be entitled to receive and
       be paid for its, his or her own benefit, any interest that my Trustees in their absolute
       discretion deem advisable;

    D. TO COMPROMISE and settle, or waive all claims in favour of or against my estate for
       such consideration and upon such terms and conditions as my Trustees in their absolute
       discretion consider most beneficial to my estate;

    E. TO MAKE or join in making under any Statute or Regulation, any election which my
       Trustees consider advisable;

© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                 4
                                                            5


    F. TO ALLOCATE among any beneficiaries of my estate the incidence of tax credits and of
       allowances of like nature in such manner and in such proportions as my Trustees may see
       fit, and in making such allocation, to do so on such terms and with such adjustments
       among beneficiaries as will preserve an even handed treatment among the beneficiaries of
       my estate;

    G. TO SELECT any assets of my estate or applicable trust as my Trustees deem advisable
       and at such valuations as he or she deems just and proper in the establishment of any
       legacy, share or trust, or part thereof, or in making any distribution of capital therefrom to
       any beneficiary. Such valuations shall be final and binding on all beneficiaries of my
       estate;

    H. My Trustees in making any division of my estate or any part thereof or in setting aside or
       paying any share or interest therein may either wholly or in part divide, set aside or pay
       over in specie the assets forming my estate at the time of such division, setting aside or
       payment of such of the said assets as they may consider advisable and I expressly will
       and declare that my Trustees may in their uncontrolled discretion fix the value of my
       estate and of the assets thereof and any part or parts thereof for the purpose of making
       any such division, setting aside for payment or for any other purpose in the
       administration of my estate and the decision of my Trustees shall be final and binding on
       all persons concerned;

    I. So long as any real or leasehold property forming part of my estate remains unsold my
       Trustees may let or lease the same from month to month, from year to year or for any
       term of years, and subject to such covenants and conditions as they shall think fit; may
       accept surrenders of leases and tenancies; may expend money on repairs and
       improvements and generally manage the property; and with a view to the sale thereof
       may give any option they may consider advisable. My Trustees may also renew and keep
       renewed any mortgage or mortgages upon any of my real estate and may borrow money
       on any of my real estate upon any mortgage or mortgages to pay off any mortgage or
       mortgages which may be in existence at the time of my death or any renewal thereof;

    J. My Trustees shall have the power to settle any dispute which may arise in the
       administration of my estate with respect to determining the value of net family property
       pursuant to the provisions of the _______________ Act, [Comment: insert the name of
       the relevant Act in your state] as amended;

    K. Notwithstanding any direction to my Trustees to pay all my just debts, I authorize and
       empower my Trustees to make arrangements for the gradual liquidation of any liabilities
       owing by me at my death, including, without limiting the generality thereof, claims
       against my estate arising before or after my death under the ____________ Act, as
       amended, and to compromise, settle, waive or pay any claims at any time owing to my

© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                  5
                                                            6

         estate, or which my estate may have against others, for such consideration or no
         consideration, and upon such terms and conditions as my Trustees may deem advisable,
         and to refer to arbitration all such claims if my Trustees deem same advisable;

    L. I authorize my Trustees in the administration of my estate to seek any type of
       professional advice with respect to any business or any act required to be done in
       connection with the administration of my estate or the trusts declared and to pay all
       professional fees or other charges associated with any advice obtained. Advice may be
       sought to such extent and on such terms as my Trustees may think prudent and my
       Trustees shall be exonerated from all responsibility or liability of any nature arising out
       of or connected with such professional advice;

    M. I AUTHORIZE and empower my Trustees to lend the whole or any part of my estate
       upon any security they may deem sufficient or upon no security whatsoever; to enter into
       guarantees or indemnifications for the benefit of the beneficiaries of my Will and
       persons, firms or corporations other than the beneficiaries of my Will and to give security
       therefore as my Trustees may in their discretion decide; to renew and keep renewed such
       guarantees and indemnifications as my Trustees see fit; to borrow money from
       themselves individually or from others, either without security or upon the security of any
       of the property, real or personal, entrusted to them or from time to time held by them
       under my Will, for such purposes, upon such terms and conditions as they shall deem
       advisable and without limiting the generality of the foregoing, for the payment of taxes,
       debts, duties, legacies or expenses; to mortgage, pledge, hypothecate or otherwise
       encumber, any or all of such property to secure the repayment of money borrowed; and to
       extend or modify any such encumbrance;

    N. I AUTHORIZE my Trustees in their absolute discretion, if they deem it advisable so to
       do, either to maintain the residue of my estate in one common fund or to set aside and
       apart as many separate funds and trusts for the beneficiaries of my Will as they deem it
       advisable so to do with further power from time to time to re-allocate assets from one
       trust to another or to discontinue one or more or all trusts established and to re-establish
       such separate trusts or common funds as they from time to time deem it advisable to do
       so; and my Trustees shall not be liable for any loss incurred to or in my estate through the
       bona fide exercise of any of the foregoing powers.

                                                                IV.       GENERAL PROVISIONS

1. COMMUNITY OF PROPERTY: Any benefit, whether as to income or capital or both, or
   income from capital to which any person shall become entitled in accordance with the
   provisions of this my Will or any Codicil thereto, shall not fall into any community of
   property which may exist between any such person and his or her spouse and shall not form
   part of his or her net family property for any purpose or purposes of the
   ________________Act, [Comment: insert the name of the relevant Act in your state] as

© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                        6
                                                            7

   amended, or any successor thereto, but shall only be paid by my Trustees to such person on
   the condition that the same shall remain the separate property of such person, free from the
   control of his or her spouse. The separate receipt of such person shall be a discharge to my
   Trustees in respect of any such payment.

2. TRUSTEES TO RETAIN SOLICITOR: I RECOMMEND that my Trustees retain the law
      firm of ________________, or any successor firm of the law firm of
      _____________________, as solicitors/attorneys of my estate and to consider their
      advice on the liquidation and handling of the assets of my estate.

        IN TESTIMONY WHEREOF I have to this my last Will and Testament, written upon
this and ________ (___) preceding pages of paper, subscribed my name this _____ day of
___________, 20_____.

SIGNED, PUBLISHED AND DECLARED by )
the said __________________________        )
as and for his/her last Will and Testament )
in the presence of us both present         )
at the same time who at his/her request,   )
in his/her presence and in the presence    )                    ___________________________________
of each other have hereunto subscribed     )
our names as witnesses.                    )




WITNESSES:
Name:      __________________________________
Address:   __________________________________

Signature:          __________________________________


Name:               __________________________________
Address:            __________________________________

Signature:          __________________________________




© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                     7
and to consider their
      advice on the liquidation and handling of the assets of my estate.

        IN TESTIMONY WHEREOF I have to this my last Will and Testament, written upon
this and ________ (___) preceding pages of paper, subscribed my name this _____ day of
___________, 20_____.

SIGNED, PUBLISHED AND DECLARED by )
the said __________________________        )
as and for his/her last Will and Testament )
in the presence of us both present         )
at the same time who at his/her request,   )
in his/her presence and in the presence    )                    ___________________________________
of each other have hereunto subscribed     )
our names as witnesses.                    )




WITNESSES:
Name:      __________________________________
Address:   __________________________________

Signature:          __________________________________


Name:               __________________________________
Address:            __________________________________

Signature:          __________________________________




© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                     8
								
To top