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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 ___________________, Louisiana, 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 AND CHILDREN
I am married to _______________________________________, and all references in this Will
to my _________________ [husband or wife] are references to _________________
[him or her]. I have the following children:
Name: ____________________________________ Date of Birth: __________________
Name: ____________________________________ Date of Birth: __________________
Name: ____________________________________ Date of Birth: __________________
Name: ____________________________________ Date of Birth: __________________
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. GUARDIAN: In the event I shall die as the sole parent of minor children,
then I appoint ____________________________________ as Guardian of said minor children. If this named
Guardian is unable or unwilling to serve, then I appoint
____________________________________ as alternate Guardian.
IV. 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.
V. 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.
VI. 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.
VII. 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. I make no provision for my children, knowing that, as their parent, my _________________ [wife or husband] will continue to be mindful of their needs and requirements. 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 my children per share, but if any child predeceases me, then his or her share will pass, per share, to his or her lineal descendants, natural or adopted, if any, who survive me; but if there are none, then his or her share will lapse and pass equally as part of the shares of my other named children; but if none of my named children survives me or leaves a lineal descendant who survives me, then according to the order of intestate succession in the State of Louisiana.
VIII. 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.
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
IX. 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.
X. 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 __________________ Parish, Louisiana. |
XI. 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.
XII. 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 signed my name, on this ________ day
of ____________________, 20______ at
_____________________________________________________________, State of Louisiana.
_______________________________________ [Signature]
_______________________________________ [Printed or typed name of Testator]
_______________________________________ [Address of Testator, Line 1]
_______________________________________ [Address of Testator, Line 2]
WITNESSES
In our presence the Testator has declared or signified that this instrument is _________________ [his or her] testament and has signed it at the end and on each other separate page, and in the presence of the Testator and each other we have hereunto subscribed our names this ________ day
of ____________________, 20______ at
_____________________________________________________________, State of Louisiana.
_______________________________________ [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]
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NOTARY STATEMENT STATE OF LOUISIANA |
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| [Notary Seal, if any]: |
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