LAST WILL AND TESTAMENT OF
________________________[1]
BE IT KNOWN THIS DAY THAT,
I, _____________________________[2], of _________________________[3] County, New
Jersey, being of legal age and of sound and disposing mind and memory, and not acting under duress, menace, fraud, or undue influence of any person, do make, declare and publish this to be my Will and hereby revoke any Will or Codicil I may have made.
ARTICLE ONE
Marriage and Children
I am:
(a)
(b)
(c)
(d)
(e)
(f)
(Double click box to select and mark as checked)
[Field 4]
Single (not married) with no children Single (not married) with minor children. Married with no children.
Married with minor children. Married with adult children. Other: __________________
If I have children, their names and date of birth are:
Name: _______________________________[5] |
Date of Birth: __________________[6] |
Name: _______________________________[7] |
Date of Birth: __________________[8] |
Name: _______________________________[9] |
Date of Birth: __________________[10] |
ARTICLE TWO
Debts and Expenses
I direct my Personal Representative to pay all costs and expenses of my last illness and funeral expenses. I further direct my Personal Representative to pay all of my just debts that may be probated, registered and allowed against my estate. However, this provision shall not extend the statute of limitations for the payment of debts, or enlarge upon my legal obligation or any statutory duty of my Personal Representative to pay debts.
ARTICLE THREE
Specific Bequests of Real and/or Personal Property
I will, give and bequeath unto the persons named below, if he or she survives me, the
Property described below:
Signed by Testator/Testatrix: __________________________________ |
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Name/Address/Relationship |
Property Description |
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[15] |
[18] |
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[LIST OR STATE NO PROPERTY LEFT UNDER THIS ARTICLE]
In the event I name a person in this Article and said person predeceases me, the bequest to such person shall lapse and the property shall pass under the other provisions of this Will. In the event that I do not possess or own any property listed above on the date of my death, the bequest of that property shall lapse.
ARTICLE FOUR
Homestead or Primary Residence
I will, devise and bequeath all my interest in my homestead or primary residence, if I own a homestead or primary residence on the date of my death that passes through this Will, to my spouse, _____________________________[27], if he or she survives me. If he or she does
not survive me, then my homestead or primary residence shall pass under the residuary clause of this Will. Sign if Selected: _______________________________
OR
I Will, devise and bequeath all my interest in my homestead or primary residence, if I own a homestead or primary residence on the date of my death that passes through this Will, to my children, _____________________________[28] and _____________________________[29]
and _____________________________[30], equally, per stirpes.
Sign if Selected: _______________________________.
OR
I devise and bequeath all my interest in my homestead to: ______________________[31]
Sign if Selected: _______________________________.
OR
My Primary residence shall pass under Article Five. [Field 32]
Sign if Selected: _______________________________.
Signed by Testator/Testatrix: __________________________________ |
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ARTICLE FIVE
All Other Property of Every Kind
I will, devise, bequeath and give all of my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of as follows:
To my children _____________________________[33] and
_____________________________[34] and
_____________________________[35], equally, per stirpes. If one of my
children shall predecease me, then the equal share set apart for that deceased child shall instead be distributed to his or her descendants, per stirpes. If one of my children shall predecease me leaving no descendants surviving, then the equal share set apart for that deceased child shall instead be distributed to my other child, or if that child has also predeceased me, then to his or her descendants, per stirpes.
Sign if Selected: _______________________________.
To my spouse, _____________________________[36].
Sign if Selected: _______________________________.
To _____________________________[37]
Sign if Selected: _______________________________.
ARTICLE SIX
Property To Vest In Trustee for Minor Beneficiary
(Complete only if you have minor children)
If I have children and any of my children are minors under the age of ______[38] years of age
on the date of my death, then I direct that my Personal Representative shall transfer, assign and deliver over to my Trustee, named below, such minor beneficiary's share of my estate and the objects of property described herein. I direct my Trustee to hold said Beneficiaries share of my estate and administer the assets of the Trust for the use and benefit of the Beneficiaries for the purpose of providing for their health, education and general welfare in accordance with their accustomed standard of living as much as is possible, considering the value of the Trust property and their other sources of income. The Trustee, may in his or her discretion, distribute to or for the benefit of the named Beneficiaries, such portions of the income and principal of the Trust as he or she in his or her sole discretion shall determine to be necessary to accomplish the purposes of this Trust. The Trustee may make such distributions as often or as seldom as he or she may determine in his or her sole discretion without the necessity of any court authority or approval, this being a private trust. As each Beneficiary herein reaches the age of
Signed by Testator/Testatrix: __________________________________ |
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______[39] years, the Trustee shall distribute to said beneficiary his or her share of the trust
principal and income as of the distribution date. When the youngest Beneficiary reaches the age of ______[40] years, the Trustee shall distribute all of the remaining Trust property including
principal and accumulated income to the Beneficiary and this Trust shall terminate. In making said distributions, the Trustee may make distributions in kind and shall have the sole discretion as to valuation of the Trust property in determining and apportioning distributions among the Beneficiaries.
I appoint ______________________[41], or if the appointee fails to qualify or cease to act, I
appoint ______________________[42], as Trustee of the Trust provisions of this Will to serve
in said capacity with all the powers during the administration of the Trust as are granted to Trustees under New Jersey law including the power to sell any of the real or personal property of the Trust for cash or on credit or to mortgage it or to lease it, all to be exercised without Court order. The Trustee named herein shall also have all powers as are granted to my Personal Representative under the provisions of this Will during the administration of this private Trust.
In the event that there is need for a guardian for my minor children, if any, I appoint
______________________[43], as Guardian of said minor children.
Neither the principal nor the income of any Trust provision contained in this Will nor any part of same shall be liable for the debts of any Beneficiary hereunder, nor shall the same be subject to seizure by any Creditor of any Beneficiary, and no Beneficiary therein shall have any power to sell, assign, transfer, encumber, or in any manner to anticipate or dispose of his or her interest in the Trust fund, nor any part of same nor the income produced from said fund nor any part of same.
ARTICLE SEVEN
Appointment of Personal Representative, Executor or Executrix
I hereby appoint ______________________[44], as Personal Representative of my estate and
this Will. In the event my Personal Representative shall predecease me, or, for any reason, shall fail to qualify or cease to act as my Personal Representative, then I hereby appoint
______________________[45] to serve as successor Personal Representative of my estate
and Will.
The term “Personal Representative”, as used in this Will, shall be deemed to mean and include “Personal Representative”, “Executor” or “Executrix”.
ARTICLE EIGHT
Waiver of Bond, Inventory, Accounting, Reporting and Approval
My Personal Representative and successor Personal Representative shall serve without any bond, and I hereby waive the necessity of preparing or filing any inventory, accounting, appraisal, reporting, approvals or final appraisement of my estate.
ARTICLE NINE
Powers of Personal Representative, Executor and Executrix
Signed by Testator/Testatrix: __________________________________ |
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I direct that my Personal Representative shall have broad discretion in the administration of my Estate, without the necessity of Court approval. I grant unto my Personal Representative, all powers that are allowed to be exercised by Personal Representatives by the laws of the State of New Jersey, including, but not limited to, any "Uniform Trustees' Powers Law," and/or “Probate Code” adopted by the State of New Jersey.
All authorities and powers granted unto my Personal Representative shall be exercised from time to time in her or his sole and absolute discretion and without prior authority or approval of any Court, and I intend that such powers be construed in the broadest possible extent.
ARTICLE TEN
Construction Intentions and Misc. Provisions
It is my intent that this Will be interpreted according to the following provisions:
1.The masculine gender shall be deemed to include the feminine as well as the neuter, and vice versa, as to each of them; the singular shall be deemed to include the plural, and vice versa.
2.The term “testator” as used herein is deemed to include me as Testator or
Testatrix.
3.This Will is not a result of a contract between myself and any beneficiary, fiduciary or third party and I may revoke this Will at any time.
4.If I am married, then, in the event I die in a common disaster with my spouse, I direct that I be deemed to have died before died after, my spouse.
5.If any part of this Will shall be declared invalid, illegal, or inoperative for any reason, it is my expressed intent that the remaining parts shall be effective and fully operative and it is my intent that any Court so interpreting same construct this Will and any provision in favor of survival.
I direct that this Will and the construction thereof shall be governed by the Laws of the State of New Jersey.
I, ______________________, having signed this Will in the presence of
______________________ and ______________________ who attested it at my request on
this the ______ day of ______, 20______at _____________________________ (address),
declare this to be my Last Will and Testament.
________________________________
Testator/Testatrix
Signed by Testator/Testatrix: __________________________________ |
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The above and foregoing Will of _____________________________ (name of testator/testatrix)
was declared by _____________________________ (name of testator/testatrix) in our view
and presence to be his/her Will and was signed and subscribed by the said
_____________________________ (name of testator/testatrix) in our view and presence and at
his/her request and in the view and presence of _____________________________ (name of
testator/testatrix) and in the view and presence of each other, we, the undersigned, witnessed and attested the due execution of the Will of _____________________________ (name of
testator/testatrix)on this the ______ day of ______, 20____.
_____________________________________ |
__________________________________________ |
Witness Signature |
Witness Signature |
Print Name: ______________________________ Print Name: _________________________________
Address: ________________________________ Address: ____________________________________
________________________________________ |
___________________________________________ |
Telephone No. ___________________________ |
Telephone No. _______________________________ |
Signed by Testator/Testatrix: __________________________________ |
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New Jersey Self Proving Affidavit
I, ______________________________, the testator/testatrix, sign my name to this
instrument this |
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day of __________, 20 |
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, and being duly sworn, do |
hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly, that I execute it as my free and voluntary act for 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/Testatrix
Typed Name: ______________________________
We,______________________________ and ______________________________,
the witnesses, sign our names to this instrument, and, being duly sworn, do hereby declare to the undersigned authority that the testator/testatrix signs and executes this instrument as his or her last will and that he or she signs it willingly, and that each of us, in the presence and hearing of the testator/testatrix, hereby signs this will as witness to the testator's/testatrix’s signing, and that to the best of our knowledge the testator/testatrix is 18 years of age or older, of sound mind, and under no constraint or undue influence.
________________________________
Witness
________________________________
Witness
State of New Jersey
County of ________________
Subscribed, sworn to and acknowledged before me by
______________________________, the testator/Maker and subscribed and sworn to before
me by ______________________________ and ______________________________,
witnesses, this |
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day of __________, 20 |
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NOTARY PUBLIC |
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My Commission Expires: |
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Signed by Testator/Testatrix: __________________________________ |
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