LAST WILL AND TESTAMENT OF FULL NAME
Dated: _____________________
Prepared by: This document prepared under the authority of 10 U.S.C. § 1044 and implementing military regulations and instructions, by a member of the Louisiana National Guard SJA office licensed to practice in Louisiana, at Jackson Barracks, New Orleans, LA 70146-0330 Fort Polk, LA 71459 (504) 278-8228
LAST WILL AND TESTAMENT OF FULL NAME I, FULL NAME, a legal resident of the City of @, Parish of @, and State of Louisiana, being of sound and disposing mind and memory, and, not under restraint and realizing the uncertainties of life, do hereby make my LAST WILL AND TESTAMENT, expressly revoking all prior wills and codicils that I have made Heretofore. FIRST: I have never been married. OR FIRST: I have been married but once and then to @ on @ at @, with whom I am presently living. OR FIRST: I have been married twice, first to @ on @, which marriage was dissolved by death/divorce on @, second to @ on @ at @, with whom I am presently living. SECOND: Of the above marriage(s) the following children were born, namely @ presently @ years old, and @ presently @. I have no other children natural or adopted. OR SECOND: Of the above marriage(s) the following children were born, namely @, age @, @, age @, and @, age @. I declare that I have no other children (or the following other children namely @, age @). I further declare that I have not adopted anyone to date (adopted the following persons, namely @, age @). OR SECOND: I have no children. THIRD: I appoint my @, @, Executor/Executrix, of this, my LAST WILL AND TESTAMENT, with full seizin and without bond. In the event @ is unable to perform @ duties as Executor/Executrix, if @ predeceases me, or fails to qualify, or after qualifying, dies, resigns, or ceases to act as Executor/Executrix for any reason, I nominate my @, @, as Substitute Executor/Executrix of this, my LAST WILL AND TESTAMENT, with full seizin and without bond. In the event my Executor/Executrix or Substitute Executor/Executrix is a nonresident of the State of Louisiana, or is an absentee at the time of my death, I hereby consent to the appointment of an agent by the probate court for the sole purpose of receiving service of process for the named Executor/Executrix or Substitute Executor/Executrix in matters pertaining to the probate hereof. I expressly provide that my Executor/Executrix may serve as an Independent Executor/Executrix, with all of the rights, powers and authority of an Independent Executor/Executrix as provided by Louisiana law. PAGE 1 OF 4 PAGES OF THE LAST WILL AND TESTAMENT OF FULL NAME _____________________________________
FOURTH: While acting as Executor/Executrix, any person appointed by me or designated in the manner provided above, shall have, with respect to everything subject to the Executor’s/Executrix's administration, whether under the laws of the State of Louisiana, or elsewhere, all the power, and authority given by me in this Will to the full extent permitted by the laws applicable to it, except where contrary to some provisions of this Will, no Executor/Executrix shall ever be required either in the State of Louisiana or elsewhere to furnish bond or other security for the faithful performance of the Executor’s/Executrix's duties. I do hereby expressly delegate to my Executor/Executrix, under the provisions of Louisiana Civil Code Article 1302, the authority to assign and allocate the specific assets necessary to satisfy the legitime of my forced heirs. FIFTH: I direct the attention of my Executor/Executrix to such burial allowances and related benefits to which my family and my estate may be entitled by reason of my active service in the Armed Forces of the United States. SIXTH: I direct my Executor/Executrix to pay all just debts, including taxes and penalties and interest thereon, all expenses of my last illness, funeral and interment and all expenses of the probate of my Will and the administration of my succession, but nothing herein shall be deemed to require the prepayment or acceleration of maturity of any debts owed by me at the time of my death, nor shall my Executor/Executrix be required hereby to discharge any encumbrance which may affect the property specifically bequeathed herein, unless there is a special fund to pay off those encumbrances. SEVENTH: I confirm the one-half interest of my spouse in our community property. I declare that all my children @, @ and @ are no longer forced heirs because of their age and each child does not have a mental incapacity or physical infirmity that makes them incapable of taking care of their person or administering their estate. I hereby give and bequeath all of my property of whatever nature and wheresoever situated to my spouse @. It is my intention to give and bequeath as much as legally allowable to my spouse. OR I give and bequeath the forced portion of my property of whatever nature and wheresoever situated to my forced heirs @, @ and @ if they are forced heirs at my death, subject to a testamentary usufruct for life in favor of my spouse @. In addition to the above testamentary usufruct, without bond, I give and bequeath the disposable portion of my said property to my spouse. It is my intention to give and bequeath as much as legally allowable to my spouse. OR I give and bequeath the forced portion of my property of whatever nature and wheresoever situated to my children @, @ and @, subject to a testamentary usufruct for life in favor of my spouse @. In addition to the above testamentary usufruct, without bond, I give and bequeath the disposable portion of my said property to my spouse. In the event that any of my children are forced heirs, it is my desire that all my children receive equal shares and that no child receive a benefit over the others by virtue of his forced heirship. All property received by my children is subject to the usufruct of my spouse unless stated otherwise. PAGE 2 OF 4 PAGES OF THE LAST WILL AND TESTAMENT OF FULL NAME ______________________________________
If I have forced heirs at the time of my death, then I grant my spouse a usufruct over all of my separate and community property which is received by my forced heirs. This usufruct is for the remainder of my spouse's life, even though my spouse may remarry. This usufruct shall be treated as a legal usufruct, not as an impingement upon the legitime of my forced heirs. My spouse shall enjoy this usufruct in any way my spouse shall desire, and shall never require the consent or concurrence of any other person or persons for the enjoyment thereof. To the extent that this usufruct applies to nonconsumables, I expressly grant to my spouse the right to sell, donate, or otherwise dispose of or encumber such nonconsumables as my spouse may see fit, in accordance with Louisiana Civil Code Article 568. No bond or other security shall ever be required for the enjoyment of this usufruct, nor should my spouse ever be required to make any investments other than as my spouse may choose, nor shall an inventory ever be required. If I have no forced heirs at the time of my death, then all of my property shall be treated as freely disposable property. I give, devise and bequeath all of the disposable portion of my property of whatever nature and wheresoever situated to my spouse @. If my spouse does not survive me, then I give, devise and bequeath all of my disposable property, in equal shares, to my children, or their descendants, by representation. In the event that I do not have surviving descendants, then I give, devise and bequeath my distributable estate to @. EIGHTH: If devolution of my property depends on priority of death and there is not sufficient evidence that the persons have died otherwise than simultaneously, my property shall be disposed of as if I had survived them. NINTH: In the event my spouse does not survive me, I direct that @ be appointed the legal Tutor of the persons and estate of my minor children who survive me. If @ is unable to act as the legal Tutor, I hereby desire that @ be appointed the legal Tutor of my minor children. TENTH: I hereby dispense all of my forced heirs from collating any gift or donation received from me, whether during my lifetime or by reason of my death, and direct that any gift or donation received from me was intended as an advantage or extra portion to the recipient heir. PAGE 3 OF 4 PAGES OF THE LAST WILL AND TESTAMENT OF FULL NAME _______________________________________
ELEVENTH: Pursuant to the provisions of Article 1705 of the Louisiana Civil Code, I direct that this, my LAST WILL AND TESTAMENT, shall not be revoked by the subsequent births, legitimation, or adoption of any child of mine. TWELFTH: If any bequest or paragraph of this my LAST WILL AND TESTAMENT should be invalid for any reason, it shall be disregarded and the remainder of my will shall remain in force. IN WITNESS WHEREOF, I have signed this, my LAST WILL AND TESTAMENT, in the presence of the witnesses hereinafter named and undersigned, this _____ day of ___________________________ , A.D. ____________.
______________________________ FULL NAME, TESTATOR STATE OF LOUISIANA PARISH OF VERNON The Testator has signed this Will at the end and on each other separate page, and has declared or signified in our presence that it is his LAST WILL AND TESTAMENT, and in the presence of the Testator and each other, we have hereunto subscribed our names this ______ day of ___________________________. WITNESSES: ___________________________________ ___________________________________ PRINT NAME ___________________________________ ___________________________________ PRINT NAME ___________________________________ NOTARY PUBLIC PAGE 4 OF 4 PAGES OF THE LAST WILL AND TESTAMENT OF FULL NAME __________________________________ ____________________________________ FULL NAME, TESTATOR