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| Recommended: Before attempting to use this Last Will form, please read Ten Steps to Completing Your Last Will and Testament, which provides essential information about properly preparing and signing a Will. |
LAST WILL AND TESTAMENT OF
_______________________________________
[Name of Testator]
I, _______________________________________ [Name of Testator], a resident of ___________________, Oklahoma, 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
I am married to _______________________________________, and all references in this Will
to my _________________ [husband or wife] are references to _________________
[him or her].
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
funeral expenses.
III. SIMULTANEOUS DEATH OF SPOUSE: In the event that my _________________ [wife
or husband] shall die simultaneously with me or there is no direct evidence to
establish that my _________________ [wife or husband] and I died other than
simultaneously, I direct that I shall be deemed to have survived my
_________________ [wife or husband], notwithstanding any provision of law to the
contrary, and that the provisions of my Will shall be construed on such
presumption.
IV. SIMULTANEOUS DEATH OF BENEFICIARY: If any beneficiary of this Will, including
any beneficiary of any trust established by this Will, other than my
_________________ [wife or husband], shall die within 30 days
of my death or prior to the distribution of my estate, I hereby declare that I
shall be deemed to have survived such person.
V. BEQUESTS:
I will, give, and bequeath unto the persons named below, if he or she
survives me, the Property described below:
Name: _____________________________________
Address: ___________________________________
Relationship: ________________________________
Property: ___________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Name: _____________________________________
Address: ___________________________________
Relationship: ________________________________
Property: ___________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Name: _____________________________________
Address: ___________________________________
Relationship: ________________________________
Property: ___________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Name: _____________________________________
Address: ___________________________________
Relationship: ________________________________
Property: ___________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
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:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
If I have named more than one alternate beneficiary in this paragraph, and
should any such alternate beneficiary predecease me, then I direct that the
share of said beneficiary who shall have died be given to the surviving
alternate beneficiaries in equal per shares. If none of my named beneficiaries survives
me, then the rest and residue of my estate shall pass according to the order of intestate
succession in the State of Oklahoma.
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.
| ________ | If any beneficiary to this Will is indebted to me at the time of
my death, and the beneficiary evidences this debt by a valid Promissory Note
payable to me, then such person's portion of my estate shall be diminished by
the amount of such debt. |
| ________ | Any and all debts of my estate shall first be paid from my
residuary estate. Any debts on any real property bequeathed in this Will
shall be assumed by the person to receive such real property and not paid by
my Executor. |
| ________ | I direct that my remains be cremated and that the ashes be
disposed of according to the wishes of my Executor. |
| ________ | I direct that my remains be cremated and that the ashes be
disposed of in the following manner: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
| ________ | I desire to be buried in the _____________________________ cemetery in __________________ County, Oklahoma. |
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.
XI. SEVERABILITY AND SURVIVAL: If any part of this Will is
declared invalid, illegal, or inoperative for any reason, it is my intent that
the remaining parts shall be effective and fully operative, and that any Court
so interpreting this Will and any provision in it construe in favor of survival.
IN WITNESS WHEREOF, I, _______________________________________ [Name of Testator], hereby set my hand
to this last Will, on each page of which I have placed my initials, on this ________ day
of ____________________, 20______ at
_____________________________________________________________, State of Oklahoma.
_______________________________________ [Signature]
_______________________________________ [Printed or typed name of Testator]
_______________________________________ [Address of Testator, Line 1]
_______________________________________ [Address of Testator, Line 2]
WITNESSES
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 Oklahoma.
_______________________________________ [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]
|
About this Self-Proving Affidavit Form: Although a Self-Proving Affidavit is not a requirement in the State of Oklahoma, it is an
excellent
idea to sign one when executing a Will. It can greatly reduce the difficulty
associated with probating the Will when the time comes. The testator, along with
three witnesses, must sign the Affidavit together in the presence of a notary
public. The Affidavit is then attached to the Will. Its basic purpose is to affirm
that the Will is that of the testator and that the will was signed and witnessed
in accordance with all applicable state requirements. To make a self-proving Will, a testator should follow this procedure: (1) The testator should sign the Will in the presence of the witnesses and have the witnesses sign as well; (2) A notary public should be present at the time the Will is signed by the testator, together with all the witnesses; (3) The testator should provide the blank Self-Proving Affidavit form below to the notary public, or the testator should consult with the notary public to determine if a different Self-Proving Affidavit form is recommended; (4) The testator and witnesses should complete the Self-Proving Affidavit form in the presence of the notary public. The notary public will require the testator and witnesses to swear to the Self-Proving Affidavit's truth and may require that photo identification is presented; (5) Once completed, the Self-Proving Affidavit should be stapled to the Will. |
SELF-PROVING AFFIDAVIT
State of Oklahoma
County of ________________
I, the undersigned, an officer authorized to administer oaths, certify that ___________________________________________________________________, the testator, and ___________________________________________________________________, ___________________________________________________________________, ___________________________________________________________________, the witnesses, whose names are signed to the attached or foregoing instrument and whose signatures appear below, having appeared together before me and having been first duly sworn, each then declare to me that the attached or foregoing instrument is the last will of the testator; the testator willingly and voluntarily declared, signed and executed the will or willingly directed another to sign in the presence of the witnesses; the witnesses signed the will upon request by the testator, in the presence and hearing of the testator, and in the presence of each other; to the best knowledge of each witness the testator was, at the time of the signing, eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence; and each witness was and is competent, and of the proper age to witness a will.
Subscribed, sworn, and acknowledged before me, ______________________________________________________, a notary public, by ______________________________________________________, the testator, and by ______________________________________________________, ______________________________________________________, and ______________________________________________________, the witnesses, this ______________ day of ___________________________, 20_____.
SIGNED:
______________________________________________________
______________________________________________________
Official Capacity of Officer
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