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SAMPLE

Last Will and Testament

of

 

I, , of County, Conneticut a married person, being of sound mind and memory, and not acting under any duress, menace, fraud or undue influence, and being 18 years of age or older, do hereby publish and declare this to be my Last Will and Testament, in the manner following, this is to say:

FIRST: I declare that all other wills and codicils, which may be found, are hereby canceled and revoked, and this is declared to be my Last Will and Testament.

SECOND: I am married to and have the following children:

                  

THIRD: The following are my legal heirs:

               

FOURTH: I direct my body to be properly buried in accordance with my beliefs and in accordance with the circumstances of estate.

FIFTH: I direct that all of my just and lawful debts existing at the time of my death, and all expenses incident to the administration of my estate, be first paid out of the assets of my estate.

SIXTH: I bequeath all of my interest in my homestead or primary residence, if I own one on the date of my death that passes through this will, to my spouse. Should my spouse precede me in death, I bequeath my interest in my homestead to my children in equal shares.

SEVENTH: I do hereby devise and bequeath the remainder of my estate, not otherwise disposed of to my spouse . In the event my spouse predeceases my I bequeath my estate as follows:

,

per stirpes, with the exception of which should be given to free of any claim of my estate. Should any assets remain after the above distributions I bequeath the balance of my estate to dated including any amendments thereto.

EIGHTH: I do hereby nominate and appoint , as personal representative of my Last Will and Testament, and I direct that he/she serve and act as such personal representative without being required to furnish any bond or undertaking for the faithful performance of his duties as such personal representative. The term “personal representative” as used herein shall be deemed to mean and include “personal representative”, “Executor” or “Executrix” In the event does not desire to serve or cannot serve I appoint as successor personal represent with the same powers and responsibility as the original personal representative and as set forth below. I hereby direct, and it is my will, that the personal representative of this Will herein named, shall be, and he/she hereby is, authorized and empowered to fully administer my estate without the aid, intervention, supervision, or control of any court, board, or tribunal whatsoever, or of any officer whomsoever, so far as may be by law permitted, save and except as to the proof and probate of this Will and issuance of letters testamentary thereon. And my personal representative shall be, and he is, hereby authorized and empowered to sell, convey, or otherwise dispose of all or any part of the property of my estate, for such price and upon such terms and under such conditions as he and the trustees may deem proper, to receive and receipt for the proceeds of any such sale or sales, conveyance or conveyances, and to make, execute, acknowledge, and deliver any and all instruments in writing, whatsoever necessary or to effect the sale or conveyance of any or all of said property, and to carry on, during the period of administration, any business or businesses in which I may be engaged at the time of my death, all without securing the prior consent of or subsequent ratification of any court, board, or tribunal whatsoever, or any officer thereof; and any and all deeds, conveyances, bills of sale, or other instruments in writing of sale, or conveyance, of any of the property of my estate sold, conveyed or otherwise disposed of during the period of administration, and before final distribution of such estate, may be executed by my said personal representative in his own proper name, describing himself as personal representative of this Will, and without any other further formality whatsoever.

NINTH: In the event any of my children are minors or under the age of and my spouse predeceases me, then I direct that my personal representative shall transfer, assign and deliver to my trustee, named below, such minor beneficiary’s share of my estate described herein.

TENTH: I appoint   as the Trustee of the trust provisions of this Will to serve in said capacity with all the powers during the administration of the Trust as granted to trustees under state law. The Trustee named herein shall have all the powers as are granted to my personal representative under the provisions and terms of this will, during the administration of this private trust. Should , be unable or unwilling to act in the capacity of trustee, I appoint as Successor Trustee.

ELEVENTH: I direct my Trustee to hold and administer my minor beneficiary’s share of my estate under the following terms and conditions: The Trustee shall hold and administer the assets of the trust for the exclusive use and benefit of each minor Beneficiary for the purpose of providing for their health, welfare, education and general well being. The Trustee shall distribute, at his/her sole discretion, as much of the principal and income of the Trust to the Beneficiary as he/she deems necessary to accomplish the purpose of the Trust. The Trustee may, in his/her sole discretion, make distributions without the necessity of any court authority or approval. At such time as each minor Beneficiary reaches the age of  the Trustee shall distribute their share of the remainder of the Trust to said Beneficiary. In the event of the death of any of the minor Beneficiaries, prior to the final distribution of the Trust, and such Beneficiary shall leave a living issue, the Trust asset attributable to this Beneficiary shall be held in trust for the surviving issue of the decease Beneficiary. The Trustee shall continue to administer the trust assets under the above directions until the surviving issue of the deceased Beneficiary reaches the age of , at which time the Trust assets shall be distributed and the Trust shall terminate.

TWELFTH: In the event that there is in existence at the time of my death a written statement or list, in my handwriting or signed by me, and disposing of my tangible personal property (other than money, evidence of indebtedness, documents of title or securities, and property used in my trade or business) which has not otherwise been specifically disposed of under the terms of this Will, each such item of personal property shall be distributed to the person whose name is set forth on the list of the intended beneficiary of that item as his or her sole and separate property.

THIRTEENTH: This document shall be construed in accordance with the laws of the State of Conneticut.

FOURTEENTH: If any provision of this document shall be unenforceable, for any reason, the remaining provision nevertheless shall be carried into effect. The masculine tender shall be deemed to include the feminine as well as the neuter, and vice versa, as to each of them, and the singular shall include the plural and vice versa. The term “testator as used herein shall include the term “testatrix”.

IN WITNESS WHEREOF, I have signed and published my last will and testament.

I, , the testator, sign my name to this instrument in the presence of the following witnesses, this _____ day of_______________, 20__ and being first duly sworn, do hereby declare to the undersigned authority that I sign it willingly, that I execute it as my free and voluntary act for the purposes expressed in it, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.

__________________________, Testator

WITNESSES We, _____________________and  ____________________, the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as his Last Will and Testament and that he signs it willingly, and that each of us, in the presence and hearing of the testator and of each other, hereby signs this Last Will and Testament as witness to the testator's signing, and that to the best of our knowledge, the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.

                Witness __________________________ Address ____________________________________________________

                Witness __________________________ Address ____________________________________________________

STATE OF_____________

COUNTY OF___________

Subscribed, sworn to, and acknowledged before me by , the testator, and subscribed and sworn to before me by __________________ and _________________, the witnesses, all in the presence of the testator and in the presence of each other this day of ____________ 20__.

 

                       Seal                                                         ________________________
                                                                                        Notary Public

 

SELF PROVING AFFIDAVIT

I,  the testator , sign my name to this instrument this ____ day of ____________, 20___, and being first duly sworn, do hereby declare to the undersigned authority that I sign and executes this instrument as my will and that I sign it willingly, (or willingly direct another to sign it for me) that I execute it as my free and voluntary act to the purposes therein expressed, and that I am 18 years of age or older, of sound mind and under no constraint or undue influence.

___________________________ Testator

We, ____________________ and ___________________, the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as their will and that they sign it willingly, (or directs another to sign it for them) and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator’s signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind and under no constraint or undue influence.

 

          Witness ___________________________

 

         Witness ____________________________

State of _______________

County of _____________

Subscribed, sworn and acknowledged before me by , the testator, and subscribed and sworn to before me by ____________________ and __________________, witnesses, this ___ day of ____________________, 20___.

 

                      Seal                                                        _________________________
                                                                                      Notary Public

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