Sunday, July 19, 2009

Do It Yourself Last Will and Testament

Here is a generic Last Will and Testament for single folk with uncomplicated lives. I shamelessly pilfered it from the Internet and dumped all verbiage that did not apply to single people with no children.

Whether it will stand up in a court of law, I don't know, but it seems right to me. Whether a will can survive a legal challenge depends on which side can buy the best lawyer (or judge). But this will represents a quick and cheap solution to a nagging problem that most of us put off until it is too late. The question is not whether to write a will, but why not write one? Although there is a potential downside--you supply your designated heir with a motive for the worst sort of crime, just like in an Alfred Hitchcock movie.

However, since gay marriage is likely to remain illegal for the foreseeable future, any gay couple should have on hand a Last Will and Testament to protect each spouse in the event of unforeseen tragedy.



LAST WILL AND TESTAMENT:

Short form of a will for a single person with no children

Will of _________

I, _________[name of testator], _________[if known by other names, add: also known as _________ and _________,] domiciled and residing at _________[address], _________ County, _________[state], declare this to be my last will and testament, and revoke all other wills and codicils.

I.

1. I am single and have never been married.
2. I have no children, living or dead.
3. My family consists of the following persons: _________[describe].

II.

Reference in this will to the term “_________” shall mean _________.

III.

I direct that my funeral expenses (including the cost of a suitable grave marker), the costs of administering my estate, and all legal debts allowable as claims against my estate be paid out of the general funds of my estate before any distribution of such funds to any of the beneficiaries mentioned below.

IV.

I direct that all taxes imposed by reason of my death on property passing under or outside this will be paid out of my residuary estate.

V.

I give and bequeath my personal effects, _________[describe], to the following persons: _________.

VI.

My residuary estate is all my property remaining after the dispositions specified in Paragraph V of this will, whenever obtained, including property not otherwise effectively disposed of in this will, and property as to which I have a power to appoint. I give, devise, and bequeath my residuary estate to: _________.

VII.

I appoint _________ as my executor, without bond, of this will. My executor shall have the following powers, in addition to those granted by law: _________.
I subscribe my name to this will on _________[date], at _________[address], _________ County, _________[state], in the presence of _________, _________, and _________, attesting witnesses, who subscribe their names to this will on _________[date] at my request and in my presence.



[Signature]



ATTESTATION CLAUSE

On the date last above written _________[testator's name], known to us to be the person whose signature appears at the end of this will, declared to us, the undersigned, that the foregoing instrument, consisting of _________ pages, including the page on which we have signed as witnesses, was _________[his or her] will. _________[He or She] then signed the will in our presence and, at _________[his or her] request, in _________[his or her] presence and in the presence of each other, we now sign our names as witnesses.


residing at
[Signature] [Street, city, state]


residing at
[Signature] [Street, city, state]


residing at
[Signature] [Street, city, state]

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