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LAST WILL AND TESTAMENT OF __________________________
I, __________________________, presently of ________________________, , declare that this is my Last Will and Testament.
(1) Powers of Trustee
To carry out the terms of my Will, I give my Trustee the following powers to be used in his or her discretion at any time in the management of a trust created hereunder, namely:
The above authority and powers granted to my Trustee are in addition to any powers and elective rights conferred by statute 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.
(2) Other Provisions
IN WITNESS WHEREOF, I have signed my name on this the ________ day of ________________, ________, at __________________________, , 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) Signature
SIGNED AND DECLARED by __________________________ on the ________ day of ________________, ________ to be the Testator's Last Will, in our presence, at __________________________, , who at the Testator's request and in the presence of the Testator and 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/Province
________________________Witness #2 Signature________________________Witness #2 Name (Please Print)________________________Witness #2 Street Address________________________Witness #2 City/Province
AFFIDAVIT OF EXECUTION
CANADAPROVINCE OF TO WIT:
I, ________________, of ____________, , MAKE OATH AND SAY THAT:
SWORN BEFORE ME at _____________, this ________ day of ________________, ________.
________________________ Signature
________________________A Commissioner for Oaths/Notary Public in and for the Province of My Commission expires: ____________
________________________ Name
A Last Will and Testament, also known as a Will or Last Will, is a document that allows you to dictate how your assets will be distributed after you pass away, as well as how dependent children and pets will be cared for.
There are many different parties in a Last Will and Testament, and each has a different role.
Testator or testatrix: A testator or testatrix is the person that the Will is being created for and whose property will be distributed once they are deceased.
Executor or personal representative: An executor, also known as a personal representative, is the person who the testator or testatrix has designated to administer their wishes in terms of how the estate will be divided. Generally, your executor cannot be a minor or someone that has been convicted of a criminal offence. You may have more than one executor, and you should have an alternate executor should anything keep your first choice from carrying out your estate plans.
Beneficiary: A beneficiary is someone who will receive either an aspect of or all of your estate. You may name multiple beneficiaries and divide your assets as you see fit.
Guardian: A guardian is someone who you appoint to take care of your minor or dependent children when you pass away.
Pet caretaker: If you have pets, a pet caretaker is someone who you would name to care for your pet when you pass away.
When considering who should be your executor, guardian, or pet caretaker, ensure that it’s someone who is trustworthy and can handle the weight of managing your affairs after you pass away. Talk to the person you choose beforehand to ensure that they are willing to be a part of your Last Will and Testament.
To complete your Last Will and Testament, you will need to provide:
A Last Will and Testament is beneficial for anyone who wishes to dictate how their assets will be distributed after they pass away instead of leaving it up to the court to decide.
You should create a Last Will and Testament if you:
A Last Will and Testament does not need to be notarized in order to be valid. However, it generally must be signed by the testator or testatrix (the person who created the will) and witnesses.
The witnesses that sign your Will need to be of sound mind (able to understand what they are signing), cannot be minors, and must sign the Will in your presence. Typically, a witness also cannot be a beneficiary of the Will or a spouse of a beneficiary.
The residue of your estate is what is left after all of your debts, funeral expenses, taxes, and other balances have been paid. The residue of your estate is generally what you leave to your beneficiaries. In your Will, if the residue is not left to any beneficiary, it will be distributed as decided by a court.
Note: Your initial answers are saved automatically when you preview your document.This screen can be used to save additional copies of your answers.