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LAST WILL AND TESTAMENT OF ____________________

I, ____________________, presently of ____________________, Virginia, declare that this is my Last Will and Testament.


  1. PRELIMINARY DECLARATIONS
  2. Prior Wills and Codicils
  3. I revoke all prior Wills and Codicils.
  4. Marital Status
  5. I am not married.
  6. Current Children
  7. I do not have any living children.
  8. The term 'child' or 'children' as used in this my Will includes the above listed children and any children of mine that are subsequently born or legally adopted.

  9. PERSONAL REPRESENTATIVE
  10. Personal Representative
  11. The expression 'my Personal Representative' used throughout this Will includes either the singular or plural number, or the masculine or feminine gender as appropriate wherever the fact or context so requires. The term 'personal representative' in this Will is synonymous with and includes the terms 'executor' and 'executrix'.
  12. Appointment
  13. I appoint ____________________ of ____________________, Virginia, as the sole Personal Representative of this my Will.
  14. No bond or other security of any kind will be required of any Personal Representative appointed in this my Will.
  15. Powers of My Personal Representative
  16. I give and appoint to my Personal Representative the following duties and powers with respect to my estate:
    1. To pay my legally enforceable debts, funeral expenses and all expenses in connection with the administration of my estate and the trusts created by my Will as soon as convenient after my death. If any of the real property devised in my Will remains subject to a mortgage at the time of my death, then I direct that the devisee taking that mortgaged property will take the property subject to that mortgage and that the devisee will not be entitled to have the mortgage paid out or resolved from the remaining assets of the residue of my estate;
    2. To take all legal actions to have the probate of my Will completed as quickly and simply as possible, and as free as possible from any court supervision, under the laws of the Commonwealth of Virginia;
    3. To retain, exchange, insure, repair, improve, sell or dispose of any and all personal property belonging to my estate as my Personal Representative deems advisable without liability for loss or depreciation;
    4. To invest, manage, lease, rent, exchange, mortgage, sell, dispose of or give options without being limited as to term and to insure, repair, improve, or add to or otherwise deal with any and all real property belonging to my estate as my Personal Representative deems advisable without liability for loss or depreciation;
    5. To purchase, maintain, convert and liquidate investments or securities, and to vote stock, or exercise any option concerning any investments or securities without liability for loss;
    6. To open or close bank accounts;
    7. To maintain, continue, dissolve, change or sell any business which is part of my estate, or to purchase any business if deemed necessary or beneficial to my estate by my Personal Representative;
    8. To maintain, settle, abandon, sue or defend, or otherwise deal with any lawsuits against my estate;
    9. To employ any lawyer, accountant or other professional; and
    10. Except as otherwise provided in this my Will, to act as my Trustee by holding in trust the share of any minor beneficiary, and to keep such share invested, pay the income or capital or as much of either or both as my Personal Representative considers advisable for the maintenance, education, advancement or benefit of such minor beneficiary and to pay or transfer the capital of such share or the amount remaining of that share to such beneficiary when he or she reaches the age of 18 years or, prior to such beneficiary reaching the age of 18 years, to pay or transfer such share to any parent or guardian of such beneficiary subject to like conditions and the receipt of any such parent or guardian discharges my Personal Representative.
  17. The above authority and powers granted to my Personal Representative are in addition to any powers and elective rights conferred by state or federal law or by other provision of this Will and may be exercised as often as required, and without application to or approval by any court.

  18. DISPOSITION OF ESTATE
  19. Distribution of Residue
  20. To receive any gift or property under this Will a beneficiary must survive me for thirty (30) days. Beneficiaries of my estate residue will receive and share all of my property and assets not specifically bequeathed or otherwise required for the payment of any debts owed, including but not limited to, expenses associated with the probate of my Will, the payment of taxes, funeral expenses or any other expense resulting from the administration of my Will. The entire estate residue is to be divided between my designated beneficiaries with the beneficiaries receiving a share of the entire estate residue.  All property given under this Will is subject to any encumbrances or liens attached to the property.
  21. I direct my Personal Representative to distribute the residue of my estate as follows ("Share Allocations"):
    1. All of the residue of my estate to ____________________ of ____________________, for their own use absolutely.
  22. If none of my named beneficiaries survives me or does not leave an heir or issue who survives 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, according to the order of intestate succession in the Commonwealth of Virginia.

  23. GENERAL PROVISIONS
  24. Individuals Omitted From Bequests
  25. If I have omitted to leave property in this Will to one or more of my heirs as named above the failure to do so is intentional except as otherwise expressly provided in this my Will.
  26. Insufficient Estate
  27. If the value of my estate is insufficient to fulfill all of the bequests described in this Will then I give my Personal Representative full authority to decrease each bequest by a proportionate amount.
  28. No Contest Provision
  29. If any beneficiary under this Will contests in any court any of the provisions of this Will, then each and all such persons shall not be entitled to any devises, legacies, bequests, or benefits under this Will or any codicil hereto, and such interest or share in my estate shall be disposed of as if that contesting beneficiary had not survived me.
  30. Severability
  31. If any provisions of this Will are deemed unenforceable, the remaining provisions will remain in full force and effect.

IN WITNESS WHEREOF, I have signed my name on this the 2nd day of September, 2014, at ____________________, Virginia, declaring and publishing this instrument as my Last Will, in the presence of the undersigned witnesses, who witnessed and subscribed this Last Will at my request, and in my presence.


_____________________________
____________________ (Testator)

SIGNED AND DECLARED by ____________________ on the 2nd day of September, 2014 to be his Last Will, in our presence, at ____________________, Virginia, who at his request, in his presence and in the presence of each other, all being present at the same time, have signed our names as witnesses.


_____________________________________
Witness #1 Signature
_____________________________________
Witness #1 Name (Please Print)
_____________________________________
Witness #1 Street Address
_____________________________________
Witness #1 City/State


_____________________________________
Witness #2 Signature
_____________________________________
Witness #2 Name (Please Print)
_____________________________________
Witness #2 Street Address
_____________________________________
Witness #2 City/State


AFFIDAVIT

STATE OF VIRGINIA

COUNTY/CITY OF _____________________________

Before me, the undersigned authority, on this day personally appeared ____________________, ____________________ and ____________________, known to me to be the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument and, all of these persons being by me first duly sworn, ____________________, the Testator, declared to me and to the witnesses in my presence that the instrument is the Last Will of the Testator and that he had willingly signed or directed another to sign the same for him, and executed it in the presence of said witnesses as his free and voluntary act for the purposes therein expressed; that said witnesses stated before me that the foregoing Last Will was executed and acknowledged by the Testator as his Last Will in the presence of said witnesses who, in his presence and at his request, and in the presence of each other, did subscribe their names thereto as attesting witnesses on the day of the date of said Last Will, and that the Testator, at the time of the execution of said Last Will, was over the age of eighteen years and of sound and disposing mind and memory.


_____________________________
Testator


__________________________
Witness #1


__________________________
Witness #2


Subscribed, sworn and acknowledged before me by ____________________, the Testator, and subscribed and sworn before me by ____________________ and ____________________, witnesses, this _____ day of ____________________, A.D. 20_______.


SIGNED _____________________________

______________________________________
(OFFICIAL CAPACITY OF OFFICER)

Last Will & Testament

Alternate Names:

A Last Will and Testament is also known as:

  • Will
  • Will and Testament
  • Last Will

What is a Last Will and Testament?

A Last Will and Testament is a legal document which allows you to control how your estate will be distributed after you pass away. A Last Will also enables you to appoint a guardian for your minor children as well as provide instructions and set aside funds for the care of any pets you may have.

Who should use a Last Will and Testament?

A Last Will and Testament should be used by anyone over the age of 18 to help avoid potential disputes or confusion regarding your estate. A Last Will is especially important for parents with minor children as it will allow you to appoint a guardian and have a say in how your children will be raised.

How to create a Last Will and Testament:

Creating a Last Will and Testament doesn't have to be difficult. Whether you decide to use LawDepot's online software to create your Last Will and Testament or visit a lawyer, you should be prepared to address the following:

Who is the Testator

The testator is the person whose property will be distributed upon death - that's you. Female testators are often referred to as the testatrix.

Designate a Beneficiary

A beneficiary is a person or organization who will receive a gift under your Will. Designating a beneficiary allows you to control who will receive your property after you pass away and help avoid any confusion or disputes. If you don't designate any beneficiaries, the courts will distribute your estate among your surviving family according to a pre-determined formula. In that case your friends or charities would receive nothing.

Name an Executor

An executor is the person who will administer the Will according to your written terms and is sometimes referred to as a personal representative. You should choose a trustworthy and responsible person for this important task.

Provide for Children and/or Pets

If you have children who are still minors, you should name a guardian who will be willing to care for them. You may also choose to set aside funds specifically for the care of your children or pets.

Review and Sign

If you have completed your Will, it's important to carefully review the document to make sure that it is free of errors and accurately reflects your wishes. Once you have verified the Will is accurate, it is critical that you sign the document according to the laws of your state. LawDepot will provide state-specific instructions to help you execute your Will.

Frequently Asked Questions:

Q:
Why is a Last Will important?
A:
A Last Will allows you to give instructions on who will get your property after your death, appoint the person who will administer your estate, and appoint a guardian for any minor children you may have. If you die without a valid Will, your property will instead be distributed by a court-appointed administrator according to a pre-determined formula (defined in state law). Without a Will, you would not be able to give your property to a non-relative or to exclude relatives. If you have no Will and there are no relatives at the time of your death, your property will go to the state.
Q:
Who can make a Last Will and Testament?
A:
Any person of legal age (usually 18 years of age) may make a Last Will, although an exception may be made if you are married, in the military, or have been legally emancipated. Additionally, most states require that you must be of "sound mind" to make a valid Will which means:
  • You understand you are making a Will and you know what a Will is;
  • You understand your relationship to the people mentioned in your Will; and
  • You understand the types and amount of property you own and how you wish to distribute it
Q:
Can I give away all my property in a Will?
A:
You can give away most, but not all, of your property in a Last Will. Typically the following cannot be given away in a Will:
  • Life insurance
  • 401(k) plan assets
  • Pension plan assets
  • Retirement plan assets
  • Annuities
  • Property held in a trust
  • Matrimonial home held jointly
Q:
What is the best way to create a Will?
A:
The best way to create your Last Will and Testament will depend on your personal circumstances. Since LawDepot's Last Will and Testament has been carefully drafted by lawyers and is ready to be customized with our proprietary software, LawDepot is ideal for anybody looking to create a strong, legally binding Will from the comfort of their own home.

Since Wills need to be periodically updated, LawDepot makes it easy to review your Will at any time because your work is saved when you create an account.

Q:
Who should I name as a guardian for my children?
A:
When choosing a guardian you should consider the following questions:
  • Is the guardian of legal age? Your proposed guardian must be an adult.
  • Is the guardian genuinely concerned for you child's welfare?
  • Does the proposed guardian have the time and ability to care for my child?
  • Is my child comfortable around the proposed guardian?
  • Where does the proposed guardian live? Will my child be able to adapt to the area and lifestyle?
Q:
Does a Will allow me to specify how my pets will be cared for?
A:
Yes, you can provide instructions to the executor (person administering your Will) to leave money for the upkeep of your pet(s) and ensure they will be cared for.

It is also a good idea to discuss any concerns regarding the care of your pets with trusted friends and family. Ideally you should also leave a spare house key with a person you trust to allow for expedient care of your pets in the case of an emergency.

Q:
Can I make a gift to a charity in my Will?
A:
Yes, you can make a gift to a charitable organization in your Will. LawDepot's questionnaire will help you accurately designate your gift to ensure that your contribution will be properly disbursed.
Q:
Do I still need a Will if I already have a Power of Attorney?
A:
Yes, a Power of Attorney only lets you give another person the authority to deal with your property while you are alive. Since a Power of Attorney will automatically end upon death, a Last Will and Testament is required in order to control how your estate is distributed after death.
Q:
What is the difference between a Last Will and a Living Will?
A:
A Last Will is used to distribute your property after your death and cannot be used to specify what type of medical treatment you want. In contrast, a Living Will (aka a Health Care Directive) allows you to specify your preferences for health care when you are no longer capable of giving consent yourself.
Q:
When should a Will be changed or revised?
A:
If you marry, divorce, or have a significant change in your family situation, you should update your Will to ensure it remains valid and relevant. Furthermore, since your Last Will and Testament is an important document, it should be reviewed periodically to make sure it still reflects your wishes.

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