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Last Will and Testament
(Married Adult w/No Children)
LAST WILL AND TESTAMENT OF
I, _______________________________________ [Name of Testator], a resident of ___________________, South Dakota, being of sound and disposing mind and memory and over the age of eighteen (18) years or lawfully married or having been lawfully married or a member of the armed forces of the United States or a member of an auxiliary of the armed forces of the United States or a member of the maritime service of the United States, and not being actuated by any duress, menace, fraud, mistake, or undue influence, do make, publish, and declare this to be my last Will, hereby expressly revoking all Wills and Codicils previously made by me.
I. MARRIAGE ACKNOWLEDGMENT
II. EXECUTOR: I appoint
____________________________________ as Executor of this my Last Will and
Testament and provide if this Executor is unable or unwilling to serve then I
appoint ____________________________________ as alternate Executor. My Executor shall be authorized
to carry out all provisions of this Will and pay my just debts, obligations and
I will, give, and bequeath unto the persons named below, if he or she
survives me, the Property described below:
If a named beneficiary to this Will predeceases me, the bequest to such person shall lapse, and the property shall pass under the other provisions of this Will. If I do not possess or own any property listed above on the date of my death, the bequest of that property shall lapse.
VI. ALL REMAINING PROPERTY; RESIDUARY CLAUSE: I give,
devise, and bequeath all of the rest, residue, and remainder of my estate, of
whatever kind and character, and wherever located, to my _________________ [wife
or husband], provided that
my _________________ [wife or husband] survives me. If my _________________ [wife or husband] does not survive me, then I give, devise, and bequeath
all of the rest, residue, and remainder of my estate, of whatever kind and
character, and wherever located, to the following alternate beneficiary or
beneficiaries in equal shares:
VII. ADDITIONAL POWERS OF THE EXECUTOR: My Executor
shall have the following additional powers with respect to my estate, to be
exercised from time to time at my Executor's discretion without further license
or order of any court.
VIII. WAIVER OF BOND, INVENTORY, ACCOUNTING, REPORTING AND APPROVAL: My Executor and alternate Executor shall serve without any bond, and I hereby waive the necessity of preparing or filing any inventory, accounting, appraisal, reporting, approvals or final appraisement of my estate. I direct that no expert appraisal be made of my estate unless required by law.
IX. OPTIONAL PROVISIONS: I have placed
my initials next to the provisions below that I adopt as part of this Will. Any
unmarked provision is not adopted by me and is not a part of this Will.
X. CONSTRUCTION: The term "testator" as
used in this Will is deemed to include me as Testator or Testatrix. The pronouns used in this Will shall include, where appropriate, either gender or both, singular and plural.
The foregoing instrument, consisting of ________ pages, including
this page, was signed in our presence by
_______________________________________ [name of Testator] and declared by _________________ [him or her] to be _________________ [his or
her] last Will. We, at the request and in the presence of _________________ [him
or her] and in the presence of each other, have subscribed our names below as
witnesses. We declare that we are of sound mind and of the proper age to
witness a will, that to the best of our knowledge the testator is of the age of
majority, or is otherwise legally competent to make a will, and appears of
sound mind and under no undue influence or constraint. Under penalty of
perjury, we declare these statements are true and correct on this ________ day
of ____________________, 20______ at
_____________________________________________________________, State of South Dakota.
(Note: The grey box below is not a part of the Affidavit and is included for informational purposes only. You should not include it as part of the Affidavit.)
State of South Dakota
We, ___________________________________________________________________, ___________________________________________________________________, ___________________________________________________________________, and ___________________________________________________________________, the testator and the witnesses respectively, whose names are signed to the attached instrument in those capacities, personally appearing before the undersigned authority and first being duly sworn, do hereby declare to the undersigned authority under penalty of perjury that the testator declared, signed, and executed the instrument as his/her last will; he/she signed it willingly or willingly directed another to sign for him/her; he/she executed it as his/her free and voluntary act for the purposes therein expressed; and each of the witnesses, at the request of the testator, in his or her hearing and presence, and in the presence of each other, signed the will as witness and that to the best of his or her knowledge the testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence.
_______________________________________ [Signature of Testator]
_______________________________________ [Printed or typed name of Testator]
_______________________________________ [Address of Testator, Line 1]
_______________________________________ [Address of Testator, Line 2]
_______________________________________ [Signature of Witness #1]
_______________________________________ [Printed or typed name of Witness #1]
_______________________________________ [Address of Witness #1, Line 1]
_______________________________________ [Address of Witness #1, Line 2]
_______________________________________ [Signature of Witness #2]
_______________________________________ [Printed or typed name of Witness #2]
_______________________________________ [Address of Witness #2, Line 1]
_______________________________________ [Address of Witness #2, Line 2]
_______________________________________ [Signature of Witness #3]
_______________________________________ [Printed or typed name of Witness #3]
_______________________________________ [Address of Witness #3, Line 1]
_______________________________________ [Address of Witness #3, Line 2]
Subscribed, sworn, and acknowledged before me, ______________________________________________________, a notary public, by ______________________________________________________, the testator, and by ______________________________________________________, ______________________________________________________, and ______________________________________________________, the witnesses, this ______________ day of ___________________________, 20_____.
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