Last Will and Testament - United States
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We regularly maintain this contract. Last Modified: January 2010
Governing Law
Your Information (USA)
Enter the name and personal information of the person the Last Will is for.
(Required)
Select the state where you currently have a permanent residence.
The last will and testament has not been reviewed by a lawyer with experience in Louisiana law. Do not use this will unless you have confirmed with a local lawyer that it will be valid in the State of Louisiana.
Only the following states recognize some form of common law marriage:
Alabama, Colorado, District of Columbia, Georgia (if valid before January 1, 1997), Idaho (if valid before January 1, 1996), Iowa, Kansas, Montana, New Hampshire, Ohio (if valid before October 10, 1991), Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, Utah.
Please ensure that you are considered married based on the laws of your state.
Your Spouse's Information
The executor is your chosen personal representative for the administration of your estate. A spouse is a good choice for executor as long as your spouse would be able to deal with the administration of your estate.
You must select a state where you currently have a permanent residence.
Signing Jurisdiction
The requirements for signing and witnessing a Last Will can be slightly different in each jurisdiction. The help provided for the questions that follow will be based on the jurisdiction that you select for the Signing Location.
(Required)
Select the state where you will sign and witness your Last Will.
You must select a jurisdiction to continue.
Standard or Specialized
(Required)
You may select the Standard Will with all the standard features or the Specialized Will if you have additional requirements.
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Standard Features Includes:
- Specific Gifts
- Divide up your estate by shares
- Children
- Executor Powers
- Testamentary Trusts
- Witness Instructions Specific to your State
- Self-Proving Affidavit Specific to your State
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Specialized Features Includes:
- All Standard features PLUS:
- Pet Guardian Option
- Forgive Debts Option
- Wipeout Option
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You must select either the Standard or the Specialized option.
Personal Representative/Executor
The executor is the person you chose to administer your estate.
One executor is normally sufficient. If you have two executors, they must be able to work together and AGREE on each decision to be made.
Executor Information
Second Executor
Executor
Alternate Personal Representative/Executor
The Alternate Executor will assume ALL responsibility for administering your estate if the executor that you had selected is unable or unwilling to act or continue to act as your Executor.
Alternate Executor Information
Second Alternate Executor
Alternative Executor
Second Alternative Executor
Children
List all children from any relationship, born to you or adopted by you.List all children from any relationship, born to you or legally adopted by you.
Note: You must list ALL children. Any child not specifically named in your Will may have the right to claim against your Will as if no Will had been created.
Trustee
The trustee is the person with the authority and responsibility to manage property on behalf your minor beneficiaries until they are legally capable of managing their own affairs.
Trustee
Guardian
The guardian is the person with the authority and responsibility to take care of your minor or dependent children.
Guardian
Grandchildren
Type in the full names of your grandchildren:
Note: You may want to list all of your grandchildren. Depending on your state law, a grandchild not specifically named in your Will may have the right to claim against your Will as if no Will had been created. If you have no grandchildren or do not wish to name any just leave the number at zero.
Disposing of Your Estate
Divide up your estate in two steps:
First: Assign specific gifts to specific people. For example you might give a classic car to a favorite nephew.
Second: What is left after you have provided specific gifts is called the remainder or residue of your estate. The residue of your estate will be divided among other people you choose. Note: A beneficiary may receive a specific gift and also share in the residue of your estate.
For example:
Your list of assets might include the following:
- 1968 classic car
- Motorboat
- House including furnishings
- Cottage in the country
- Stocks and bonds
Specific gift: You could designate your house including furnishings as a specific gift to your spouse and your 1968 classic car as a specific gift to your favorite nephew. If you do not wish to make any other specific gifts then the residue of your estate would consist of your motorboat, your cottage in the country, and your stock and bond holdings.
Residue of your estate: The residue of your estate includes all remaining assets not already given as specific gifts. If you have named more than one beneficiary for the residue of your estate then your executor may have to sell your remaining assets (in this example, your motorboat, your cottage in the country, and your stock and bond holdings) and divide the cash equally among your remaining beneficiaries according to the shares you have indicated.
Specific Gifts
Use this section if you want to give a specific gift to a specific person. Make sure you describe the gift well enough that anyone reading your Will would recognize what you mean. Clearly identify the beneficiary.
Residue of Estate
The "residue" of your estate is everything that is left over after your debts are paid and the specific gifts have been given.
Indicate how many beneficiaries you wish to name for the residue of your estate:
Unequal Distribution
Your Personal Representative will divide the residue of your estate into 100 equal shares and divide these shares as follows:
Total: 0 Shares (The total must add up to 100 shares.)
The total for all children must add up to 100.00 shares.
Alternate Beneficiaries for Residue of Estate
First Alternate Beneficiary of Estate Residue
Your Personal Representative will divide the residue of your estate into 100 equal shares and divide these shares as follows:
The total for all beneficiaries must add up to 100 shares. Currently, they add up to 0%.
First Beneficiary of Estate Residue
Your Personal Representative will divide the residue of your estate into 100 equal shares and divide these shares as follows:
The total of all shares must add up to 100 shares. Currently, they add up to 0 shares.
Distribution of Residue of Estate
First Beneficiary of Estate Residue
The total for all beneficiaries must add up to 100 shares. Currently, they add up to 0shares.
Wipeout Clause
If none of your named beneficaries or alternates survive you, then the law may treat all or the remainder of your estate as if you had died without leaving a Last Will.
If it is possible that all of your immediate family (including your children and grandchildren) could predecease you or die at the same time as you in a common accident, it is prudent to provide a means to distribute the residual of your estate. An unmarried person, married without children or with young children are the most common situations where a wipeout clause is used.
If none of your named beneficaries or alternates survive you, then the law may treat all or the remainder of your estate as if you had died without leaving a Last Will.
If it is possible that all of your immediate family (including your children and grandchildren) could predecease you or die at the same time as you in a common accident, it is prudent to provide a means to distribute the residue of your estate.
When no named beneficiary survives you, divide your estate among your family
If none of your named beneficaries or alternates survive you, then your Personal Representative will divide the residue of your estate into 100 equal shares and divide these shares as follows:
First Wipeout Beneficiary
Divide your estate among your Spouse's Family
Shares to go to your spouse's family: 100 shares
Forgive Debts
Debtor
Provide a description of the debt including the original loan date and any dollar amounts still owing. Be as specific as possible to ensure there is no confusion.
(e.g. $10,000 loaned in November, 1998 for the purchase of a house in Dallas, Texas.)
Additional Clauses
Witnesses and Execution Date
The signing requirements can be slightly different in each jurisdiction.
*** Please select a state in the Signing Jurisdiction section - See Above ***
In Vermont, you need at least THREE witnesses to attest to a Last Will or Codicil.
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BETTER TO BE SAFE!
Avoid the risk of having your intentions changed or even invalidated.
Select only witnesses who are NOT RECEIVING A GIFT under your Will. A witness should also not be the spouse of someone receiving a gift under your Will.
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Additional Help
1. Who may make a Last Will?
The requirements for who may create a Last Will vary from jurisdiction to jurisdiction. Please select a state in the Signing Location section to see the requirements in your jurisdiction.
2. Who must sign my Last Will?
The requirements for signing and witnessing a Last Will vary from jurisdiction to jurisdiction. Please select a state in the Signing Location section to see the requirements in your jurisdiction.
Signing 'in the presence of' another means the other parties actually watch the signing. The Testator and the witnesses should initial the bottom right hand corner of each page of the Last Will (except the last page which is signed by everyone). Witnesses should NOT be individuals who will be receiving gifts in the Will or the spouses of individuals receiving gifts in the Will.
3. What is a self-proving Will?
Normally a witness will be required to testify in probate court that the Last Will was executed properly. Alternatively, this requirement may be satisfied by having each witness swear an oath and sign an affidavit in front of a notary. This removes the requirement of having one of your witnesses go to court to verify proper execution. If available in your state, the required form will be included with your Last Will.