Last Will and Testament
[YOUR NAME HERE]
I, [YOUR NAME HERE], now domiciled in [YOUR COUNTY], [YOUR STATE], and a citizen of [YOUR COUNTRY], declare this to be my Will. I hereby revoke all Wills and Codicils executed by me prior to the date of this instrument.
IDENTIFICATION OF FAMILY
A. I am married to [YOUR SPOUSE NAME HERE]. I have four children whose names and birth dates are as follows:
1. [CHILD NAME], born [CHILD DATE OF BIRTH];
2. [CHILD NAME], born [CHILD DATE OF BIRTH];
3. [CHILD NAME], born [CHILD DATE OF BIRTH].
B. I have no deceased children.
C. All references in this Will to my “child” or “children” shall include only my children named above and any other child or children born to or adopted by me subsequent to the execution of this Will.
D. I intend to make no provision for any relative of mine except as provided in this Will.
A. I appoint [YOUR SPOUSE NAME HERE] to serve as personal representative of my estate. If [YOUR SPOUSE NAME HERE] fails or ceases to serve, I appoint [YOUR PERSONAL REPRESENTATIVE HERE] to serve as personal representative of my estate. If [YOUR PERSONAL REPRESENTATIVE HERE] fails or ceases to serve, I appoint [YOUR PERSONAL REPRESENTATIVE HERE] to serve as personal representative of my estate.
B. Unless the context clearly requires otherwise, “personal representative” shall include “executor,” “executrix” and any administrator of my estate and shall refer collectively to all personal representatives serving under this Will at any time.
A. If my spouse does not survive me, I appoint [YOUR GUARDUAB HERE] to serve as guardian of the person of any minor child of mine until the child attains majority. If [YOUR PERSONAL REPRESENTATIVE HERE] fails or ceases to serve, I appoint [YOUR BACKUP GUARDIAN HERE], to serve as guardian of the person of any minor child of mine until the child attains majority.
B. If I have designated a married couple to serve as guardians of the person, it is on the condition that they are married and maintaining a common household. If they cease to be married or maintain a common household, or if one or both of them for any reason fail or cease to serve as guardian of the person, then the next designated couple or individual shall serve.
C. If a guardian of the estate of any minor child is necessary, I name as such guardian the person designated as trustee of the trust benefiting such child under this Will.
D. If I am serving as custodian under the Uniform Transfers to Minors Act of any child of mine, I name as successor custodian the person designated as Trustee of the trust benefiting such child under this Will.
GIFT OF TANGIBLE PERSONAL PROPERTY
A. I give my tangible personal property in such manner as I may specify in a separate writing which shall either be in my handwriting or signed by me, and which shall describe the items and recipients of the items with reasonable certainty. I will date the writing so that the last dated writing, which will control, can readily be determined.
B. I give all tangible personal property not effectively disposed of above to my spouse, or, if my spouse does not survive me, to my surviving children, in shares of substantially equal value.
C. If any of my tangible personal property is distributable in shares to more than one beneficiary, they shall decide among themselves how to divide the items. If they have not reached a decision within four months after my death, my personal representative shall distribute the items (or may sell any items and distribute the proceeds) in such manner as my personal representative deems appropriate to facilitate distribution to my beneficiaries.
D. My personal representative may represent a minor in the selection and distribution of articles of personal or household use, may hold any part of the minor’s share of such articles until the minor reaches majority, and may add such articles (or, if sold, the proceeds of sale) to any trust for the minor’s benefit.
E. All expenses of packing, shipping, insuring and delivering any of my tangible personal property to my beneficiaries shall be paid as an administrative expense of my estate and shall not be charged to my beneficiaries.
F. As used in this Section, “tangible personal property” means articles of personal or household use or ornament, including without limitation, furniture, furnishings, automobiles, boats, airplanes, artwork, collectibles and jewelry, as well as precious metals in any tangible form, for example, bullion or coins. The term includes articles even if held for investment purposes. The term does not include mobile homes or intangible property, for example, money that is normal currency or normal legal tender, evidences of indebtedness, bank accounts, or other monetary deposits, documents of title or securities.
I give the residue of the property owned by me at my death, real and personal and wherever located (my “residuary estate”), to my spouse, if my spouse survives me. If my spouse does not survive me, my residuary estate shall be disposed of as directed in the Section of this Will entitled “Provisions for Issue.”
PROVISIONS FOR ISSUE
Any time property is directed to be disposed of under the provisions of this Section, such property shall be divided into as many equal shares as are necessary to enable one share to be distributed to each child of mine who is then living and one share to be set apart for each child of mine who is then deceased but has issue then living. Each share so set apart for a deceased child of mine shall be further set apart and distributed in subshares for that child’s then living issue, by right of representation.
PROVISIONS FOR YOUNG BENEFICIARIES
If this Will directs that any portion of my estate shall be distributed outright to a beneficiary under age twenty-five (25), such property shall not be distributed outright to such beneficiary but shall instead be distributed to a custodian, selected by my personal representative without court approval, for such beneficiary under the Uniform Transfers to Minors Act (“UTMA”) of any jurisdiction selected by my personal representative. When such beneficiary reaches age twenty-five (25), such UTMA custodianship shall end and all remaining property shall be distributed outright to such beneficiary.
My estate and inheritance taxes shall not be charged directly to my beneficiaries, but shall be paid from the principal of my residuary estate, without apportionment.
POWERS OF FIDUCIARIES
A. Powers. Unless provided otherwise elsewhere in this Will, my personal representative and trustee (hereinafter referred to in this Section as my “fiduciary”) shall have all the powers, rights, and duties which now exist or may later be conferred by law (including, but not limited to, RCW Title 11.98.070, which is incorporated by this reference), except as increased or modified by the powers, rights, duties, and privileges listed in this Section.
B. Investments. Subject to the prudent person standard under Washington law governing investments by fiduciaries, my fiduciary may acquire and retain any kind of real and personal property, including undivided interests in such property, and interests in investment trusts or common trust funds, all without need for diversification as to kinds or amount and whether or not income producing, and without being subject to the percentage limitations of RCW 11.100.023 or any similar law of any jurisdiction. Such property may include securities owned by me at my death issued by any corporation authorized to do a trust business acting as a fiduciary under this Will.
C. Loans. My fiduciary shall have the power to make loans, including loans to any beneficiary, and may request any such loan be on reasonable terms, be adequately secured (including life insurance on the life of the beneficiary) and bear reasonable interest, provided, however, that all loans by a sole fiduciary to himself or herself as beneficiary shall bear reasonable interest.
D. Disposition of Property. My fiduciary may sell or otherwise dispose of for consideration any real or personal property in any manner whatsoever upon such terms as my fiduciary deems advisable and shall not be required to comply with RCW 11.100.140.
E. Distributions. Unless otherwise directed in this Will, my fiduciary may make distributions in shares which may be composed differently, in cash or in kind, or in both, and in so doing shall value any asset distributed in kind at its distribution date value. In making distributions hereunder, my fiduciary may allocate particular assets or portions thereof or undivided interest therein to any one or more of the beneficiaries hereunder, but shall take into consideration the income tax basis of specific property allocated to any beneficiary.
F. Facility of Payment. My fiduciary shall have the power to apply for the use of any person any property, whether principal or income, vesting in or payable to such person, and in the case of a minor (a) to do so without regard either to the duty of any person to furnish support for such minor or the availability of other funds for such purpose, or (b) to pay or deliver the same to such minor, or to a guardian or custodian under a gifts or transfers to minors act, including a custodian selected by my fiduciary, or to a parent of such minor, or to a person with whom such minor resides, or to any person authorized by this Will to hold the same, or to the trustees of any trust for the benefit of such person. My fiduciary is further authorized to create trusts for any beneficiary and to distribute any property otherwise payable to such beneficiary by a distribution to such trust, even if the term of the new trust extends longer than the term of the trust from which the distribution has been made; provided, however, that nothing in this paragraph authorizes the trustee to postpone vesting of property beyond the period permitted by the rule against perpetuities applicable to this Will.
G. Determination of Principal and Income. Except as otherwise specifically provided herein, the determination of all matters with respect to what is principal and income of my estate or any trust created under this Will and the apportionment and allocation of receipts, disbursements and other charges between these accounts shall be governed by the provisions of the law of the situs of the trust. Any such matter not provided for specifically in this Will or in the principal and income act of the relevant jurisdiction shall be determined by my fiduciary in my fiduciary’s discretion; provided, however, that my fiduciary’s powers shall be subject to my fiduciary’s duty to treat income and remainder beneficiaries equitably.
A. No Bond or Court Supervision. My personal representative shall administer my estate without court intervention. My personal representative need not give bond in any jurisdiction, but if bond is required it shall be as low as possible and without surety.
B. Exchanges with Spouse. My personal representative may exchange with my spouse any of my community or separate property, or both, for any of my spouse’s community or separate property, or both. Property shall be exchanged at its exchange date value.
C. Liability for Non-Probate Assets. My personal representative shall have complete discretion in determining whether to seek contribution from any beneficiary of a non-probate asset for payment of liabilities, claims, and expenses of administration (or any of such items) pursuant to RCW 11.18. My personal representative shall not incur liability to any person based on seeking or not seeking such contribution. Liability for my estate and inheritance taxes shall be determined as may be provided elsewhere in this Will.
DEFINITIONS AND RULES OF CONSTRUCTION
A. Code. As used in this Will, “Code” means the Internal Revenue Code of 1986, as amended or renumbered from time to time.
B. Estate and Inheritance Taxes. As used in this Will, “estate and inheritance taxes” shall include all such taxes payable as a result of my death, with regard to all transfers of assets (whether or not under this Will), all interest and penalties on any such taxes and all direct or indirect interest on any borrowing for payment of such taxes.
C. Issue. As used in this Will and except as provided to the contrary herein, the issue of a person means only (a) lineal descendants of that person, (b) individuals lawfully adopted prior to attaining age eighteen (18) by that person or by any of that person’s lineal descendants, and (c) any lineal descendants born to, and any individual adopted prior to attaining age eighteen (18) by, any such adopted person. Issue shall include only lineal descendants and adopted persons as herein provided without regard to whether an issue’s birth or adoption occurred prior to or subsequent to the execution of this Will.
D. RCW. All references in this Will to “RCW” are to the Revised Code of Washington and shall also include corresponding provisions of subsequent Washington laws.
E. Gender/Singular/Plural. Unless the context requires otherwise, masculine, feminine and neuter gender may be used interchangeably, plural and singular usage shall include the other and personal representative shall include co-personal representative and trustee shall include co-trustee.
F. Titles and Headings. The titles, headings, or captions in this Will are inserted only for convenience. They in no way define, limit or extend my intention or the scope of this Will or any of its provisions. They shall not be considered in any question of interpretation of this Will.
I have signed this document declaring it to be my Will on _____________, 2011, in the presence of the following witnesses who are also signing the document at my direction and request and in my presence and in the presence of each other.
[YOUR NAME HERE]
STATE OF [YOUR S )
COUNTY OF KING )
Each of us whose signature appears below, being sworn, says that, on the day last above written, in the presence of each of us, [YOUR NAME HERE] (the “Testator”) signed and declared the foregoing instrument, consisting of seven (7) pages including this page, to be the Testator’s Will, and we have signed below as attesting witnesses, remaining in the Testator’s presence and in the presence of each other; and that we know [YOUR NAME HERE], and the Testator appears to be of full age and sound and disposing mind and memory and competent in every respect to make a Will and not under any restraint, and we make this attestation and affidavit at the Testator’s request.
Printed Name of Witness Printed Name of Witness
SUBSCRIBED AND SWORN to before me this _____ day of _______________, 2008.
SEAL OR STAMP Notary Public
My Appointment Expires: