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Last Will & Testament – Single Without ChildrenLEGAL DOCUMENT SOFTWARE v 6.1

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INTRODUCTION: Last Will for a Single Person Without Children

This Last Will and Testament option is also known as a Will with Specific Gifting Provisions. It allows a Single Person without Children to name his or her beneficiaries.

The document is written so that the property or estate of the Testator (the person for whom this Will is being made – the person signing the Will) shall be passed to those beneficiaries named by the Testator in the Will.

The Testator will also name a beneficiary to receive the residue or remainder of the Testator’s property or estate, after the specific gifts are made.

The Testator will also appoint a person to serve as the Executor of this Last Will & Testament. And the Testator can also name an alternate executor should the primary Executor not survive the Testator.



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Field Detailed Instructions

Each help icon in this software provides instruction for the field it sits beside. Hover over or click an icon for details about that field's requirements.

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QUESTIONNAIRE: Last Will & Testament – Single without Children

1) IDENTIFY THE TESTATOR | Provide details about the person who will be signing this Will.

Full Name of Testator:

Testator’s City of Residence:

Testator’s County of Residence:

Testator’s State of Residence:



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Enter the full legal name of the Testator - the person for whom this Will is made. Include first name, middle name or initial, and last name. Do not use nicknames.

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Enter the name of the CITY, TOWN, TOWNSHIP, VILLAGE or BOROUGH that is the Testator's primary residence.

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Enter the name of the COUNTY or PARISH that is the Testator's primary residence.

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Select from the drop-down menu the USA State or Territory that is the Testator's primary residence.

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2) SPECIFIC GIFTS | Name the persons who will receive particular items of property.

Name of Beneficiary #1:

Item(s) of Property:

SPECIFIC GIFTS

The Testator lists below the names specific beneficiaries (individuals, organizations, charities, etc.) to receive items of specific property or money. The Testator should also describe, with some detail, the gift given to each beneficiary. If an item of property listed below is no longer owned by the Testator at his or her death, that gift simply lapses and is not passed.



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Enter the full legal name of the person who will be receiving a gift of personal property. Do not use nicknames.

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List with some detail the property or money that the person named above shall receive. If any item of person property listed here is no longer owned by the Testator at the time of his or her death, that gift lapses and the beneficiary will not receive that gift.

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Again, enter the full legal name of the person who will be receiving a gift of personal property. Do the same for each other beneficiary receiving specific gifts. If there are less than 10 beneficiaries receiving specific gifts, simply leave the field for those names blank.

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Again, list with some detail the property or money that the person named above shall receive. Leave this "property" field blank if there is no name inserted in the field, above.

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Name of Beneficiary:

4) ALTERNATE BENEFICIARY | Name an alternate to the Beneficiary indicated above.

Name of Alternate Beneficiary:

REMAINDER OF PROPERTY

After specific gifts are made, the Testator can name a beneficiary (be it an individual, organization, charity, etc.) to receive the rest or remainder of the Testator's estate. This person will receive all property not specifically gifted. If the Beneficiary named to receive the remainder of the property should die before the Testator, an Alternate Beneficiary should be named to receive the property instead.

3) BENEFICIARY FOR REMAINDER | Name the person who will receive the remainder of the Estate.



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Provide the name of the Beneficiary that will receive the remainder of the Testator's property, after the specific gifts listed above are made. Use full names, no nicknames.

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Provide the name of an Alternate Beneficiary for the remainder of the Testator's property. This Alternate will receive the remainder of the property only if the Beneficiary named immediately above predeceases the Testator.

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EXECUTOR AND ALTERNATE EXECUTOR

The Executor is obligated to pay the debts and obligations of the estate, gather property of the estate for distribution, and submit the Will to probate.

The Testator should name an Executor in the Will. And, for those situations where the Testator’s initial or primary Executor predeceases the Testator, or should the primary Executor not wish to act or cannot act as Executor, the Testator can name a person or persons to act as Alternate Executor.

5) EXECUTOR | Who will act as Executor of the Testator’s estate.

Name an Executor:

6) ALTERNATE EXECUTOR | Who will act as alternate Executor of the Testator’s estate.

Name an Alternate Executor:



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Provide the full legal name of the person that the Testator wishes to name as Executor of the Testator's estate. This can be the Testator's Spouse (if married) or some other trusted person. Use full legal name only.

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If the Executor named above dies, or does not wish to serve and Executor, then an alternate Executor must perform those duties. The Testator can name that Alternate Executor, here. Provide the full legal name of the Alternate Executor.

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ADDITIONAL OR ‘CATCHALL’ PROVISIONS

The Testator may add personal messages, requests or directions to this Last Will & Testament if he or she so wishes. These additional provisions should relate ONLY to personal matters. DO NOT attempt to transfer real property or create obligations that relate to the Testator’s property in this section of the Will.

7) OTHER PROVISIONS | Add statements or requests to the Will.



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List here any other provisions to be included in the Will. This part or portion of the Will is for making personal wishes known or providing information regarding funeral or cremation, etc. Do NOT use this field to distribute property or make pronouncements regarding real estate. This field is for personal matters only.

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WHAT TO DO WITH THE FINISHED DOCUMENT

Once the Testator has completed the document, the Last Will & Testament must be printed to paper. The Testator should place his or her initials on the line at the bottom right of each page. DO NOT SIGN THE DOCUMENT YET!

There are two options for a Testator to sign and execute a Last Will document:

1. In the presence of two Witnesses; or2. In the presence of two Witnesses and a Notary.

Standard Legal suggests the second option - the Testator signs the Will in the presence of a Notary and two Witnesses. Doing so makes the Will 'self-authenticating'.



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Having the Will notarized is NOT a legal requirement, as a Will is valid and enforceable once signed by the Testator and properly witnessed. But if the Testator signs the Will without using a Notary, the Executor may have to prove to a Probate Court that the Testator and Witness signatures are genuine, and that the Testator had the capacity to sign the Will.

Having the Notary and Witnesses sign the Last Will & Testament and the Acknowledgement & Affidavit at the same time the Testator signs the document makes the Will self-authenticating. It eliminates the need to provide further evidence of execution to the Probate Court. And doing so can result in a significant savings of time, effort and money.

After the Will is fully executed, make several copies of the document. Keep the original document in a safe location accessible by the named Executor. The Testator can also distribute the other copies to trusted friends and advisors, if desired. These copies can serve as "backup" versions should the original be lost or destroyed. However, if the original document is lost or destroyed, a new will should be made.



LAST WILL & TESTAMENT KNOW ALL MEN BY THESE PRESENTS, THAT I,

of

being of full age and sound mind and memory, does hereby make, publish and declare this instrument to be my Last Will and Testament, hereby revoking all prior Wills and Codicils.

ITEM I.

I am not married as of the date of execution of this Last Will & Testament.

ITEM II.

I direct that all of my debts, funeral expenses, costs and expenses of administration be paid at my Executor's discretion from the income or principal of my estate as soon as practicable after the time of my death; all estate, inheritance, or other taxes imposed by reason of my death, together with interest and penalties thereon, shall be paid without apportionment from the income or principal of my residuary estate at my Executor's discretion.

ITEM III.

Specific Gifts. I give and bequeath all of my interest in the following specific items of

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property, subject to any liens, mortgages or encumbrances, to the persons or entities as listed below:

Beneficiary Gift or Bequest of Property


Except for monetary devises, the gifts, devises and bequests set forth above are intended to be specific gifts, devises and bequests. In the event that any or all of this specific property is not, for any reason, part of my Estate at the time of my death, such gift, devise and/or bequest shall lapse, and resort shall not be had to any other assets of my Estate to satisfy the same.

In the event that any of my beneficiaries listed above predecease me or fail to survive me for a period of thirty (30) days, then the share of the estate that such deceased beneficiary would have received under this Will if living, I give, devise and bequeath to the lineal descendants of such deceased beneficiary. If any of my beneficiaries predecease me and dies leaving no lawful lineal descendants living at the time of my death, then any gift that I have made to such deceased beneficiaries shall lapse and become part of my residuary estate.

Residue. All the rest, residue and remainder of my estate, be it real, personal, mixed, tangible or intangible property of whatever kind and wherever situated, not otherwise effectively disposed of (and not listed as a Specific Gift, above), owned by me at the time of my death I give and bequeath to:

If the beneficiary name directly above fails to survive me by thirty (30) days, then I gift and bequeath all the rest, residue and remainder of my estate to:

My Executor may dispose of any tangible personal property, by sale or otherwise, which in the Executor's judgment should not be retained.

ITEM IV.

I nominate the following person as Executor of my estate:

In the event that the above named Executor should predecease me, or refuses or is


unable for any reason to qualify as Executor or complete the execution of this, my Last Will and Testament, then I nominate and appoint following person as successor or alternate Executor of my estate:

I direct that no bond be required of my Executor or successor. To the extent permitted by law, the administration of my estate shall be independent of the supervision of any court. Any Executor of my estate shall have all of the powers from time to time conferred upon executors or administrators by law (except to the extent a power would conflict with this Will, in which case the provisions of this Will shall control), including the power to assign, bargain, sell, convey, transfer, deliver, lease or otherwise dispose of and deal with any real, personal, tangible and/or intangible property belonging to my estate, upon such terms as my Executor shall deem best, without regard to the necessity of sale or other disposition for the purpose of paying debts, taxes or legacies; or to retain any or all such property not so required, without liability for any depreciation thereof; to make distribution or division of property in kind, or partly in cash and partly in kind, where necessary, in order to facilitate any distribution or division of assets under this Will, and to exercise reasonable discretion in determining the valuation of assets distributed in kind; to deliver to the parent, guardian or other person maintaining the minor beneficiary any property; to employ agents, accountants, brokers, attorneys at law, or other assistants determined by my Executor to be necessary for the proper settlement or administration of the estate or the sale of any part of the estate; to assign or transfer certificates of stock, bonds or other securities; to adjust, arbitrate, compromise, settle or abandon all claims in favor of or against my estate; to do any and all things necessary or proper to complete the administration of my estate, all as fully as I could do if living; and to execute, acknowledge and deliver any and all instruments of conveyance, transfer, powers of attorney, proxies or other paper writings by my Executor deemed necessary or incident to the plenary exercise of the powers and authority in this, my Last Will and Testament, vested in or conferred upon my Executor.


ITEM V.

For the purposes of this Will, no person shall be deemed to have survived me if that person should die within thirty (30) days after my death.

If any individual beneficiary under this Will is a minor or is Disabled, distributions to such beneficiary may be made in whichever of the following ways as my Executor deems best:

a) to the beneficiary directly;b) to the legally appointed guardian, conservator, or attorney-in-fact of the

beneficiary; orc) to a custodian for a minor beneficiary under a Uniform Gifts to Minors Act

or a Uniform Transfers to Minors Act.

A receipt for payment by any of the above persons will completely discharge my Executor in respect to that payment.

A person is Disabled for purposes of this Will if either of the following is true:

a) he or she has been adjudicated incompetent by an appropriate court; orb) he or she lacks the physical or mental capacity to manage his or her

financial affairs, as determined by my Executor or by a physician familiarwith the individual.

ITEM VI.

I have made this Will after giving thought and consideration to the same. I have intentionally omitted making provisions for any or all of my heirs who are not specifically mentioned and included herein. I specifically disinherit each, any or all persons whoever claims to be or who may lawfully be determined to be my heirs at law, except and unless such persons or entities are mentioned in this Will. If any such person unnamed in this Will shall contest in any court any of the provisions of this Will, then


each, any and all such persons shall not be entitled to any devise, legacy, bequest or benefit under this Will. To any or all persons unnamed in this Will who are successful in contesting in any court any of the provisions of this Will, I hereby leave the sum of One Dollar ($1.00).

The interests of the beneficiaries under this Will shall not be transferable by voluntary assignment and, to the extent permitted by law shall be free from execution, attachment, bankruptcy, levy and/or other procedures for the satisfaction of creditors' claims.

If any beneficiary named in this Will contests, in whole or part, this Will or in any manner attempts to have this Will declared invalid, such person shall receive no benefits or interests from this Will and my Will shall thereafter be carried out as if such person had pre-deceased me.

If any beneficiary or recipient of any bequest named in my Will disclaims all or part of a gift, that part or portion of the disclaimed bequest shall be distributed as if the disclaiming beneficiary or recipient had predeceased me.

Wherever the context so requires, the masculine, feminine or neuter gender shall include the other two genders, the singular shall include the plural and the plural shall include the singular.

If any of the provisions of this Will are deemed unenforceable, the provisions not deemed unenforceable shall remain in full force and effect.

Finally, I include the following personal provisions as a part of this Last Will:

[Signatures and Acknowledgment on the following pages.]


IN WITNESS WHEREOF, I have set my hand to this, my Last Will & Testament,

on ________________________________.

Signature of Testator:

______________________________

WITNESSES

On , 20___ before us, the undersigned attesting Witnesses, appeared the Testator

who signed, published and acknowledged, in our presence this instrument to be the

Testator’s Last Will & Testament. Each of us declares under penalty of perjury under the

laws of the State in which the Testator resides and/or signed the Will, that the following

is true and correct:

a) On the date written below the Testator of this Will declared to us that this

instrument was the Testator's Will and requested us to act as Witnesses to it;

b) We understand this is the Testator's Will;

c) The Testator signed this Will in our presence, all present at the same time;

d) We now, at the Testator's request, and in the Testator's and each other's

presence, sign below as Witnesses;

e) We believe the Testator is of sound mind and memory;


f) We believe that this Will was not procured by duress, menace, fraud or undue

influence;

g) The Testator, in our respective opinions, could read, write and converse in the

English language and was suffering from no defect of sight, hearing or speech or

from any other physical or mental impairment which would affect his/her

capacity to make a valid Will;

h) The Will was executed as a single, original instrument and was not executed in

counterparts;

i) Each of us is acquainted with the Testator at the time of signing;

j) The Testator is age 18 or older; andk) Each of us is now age 18 or older, is a competent Witness, and resides at the

address set forth in the space below his/her name.

Signature of First Witness:

____________________________

Printed Name of First Witness:

Residence Address of First Witness:

____________________________

____________________________

Signature of Second Witness:

____________________________

Printed Name of Second Witness:

____________________________

Residence Address of Second Witness:

____________________________

____________________________


ACKNOWLEDGEMENT & AFFIDAVIT

STATE OF: COUNTY OF:

I, the Testator, declare to the officer taking my acknowledgment of this instrument, and

to the subscribing Witnesses, that I signed this instrument as my Last Will & Testament

on the date set forth above.

______________________________ Signature of

Acknowledged and subscribed before me by the above named Testator who is personally known to me or has produced as identification:

____________________________________________________________;

and sworn to and subscribed before me by the above named First Witnesses who is personally known to me or has produced as identification:

____________________________________________________________;

and sworn to and subscribed before me by the above named Second Witness who is personally known to me or has produced as identification:

____________________________________________________________;

and subscribed by me in the presence of the Testator and each of the subscribing Witnesses.

______________________________ Notary Public Dated: _________________________ (Seal)

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