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This
is an example of a will which names either one or two alternate
Executors in case the intended Executor is unwilling or unable to do the job
of carrying out the will. This sample will leaves everything to one
beneficiary, but allows for two alternate beneficiaries should the original
intended beneficiary predecease the person writing the will. It also
provides instructions in case the alternate beneficiaries also predecease the
writer of the will. The person making the will is called the TESTATOR.
Feel free to copy and use this will if you wish. However,
laws vary by province, and it is always advisable to have
your will reviewed by a professional advisor to ensure it
conforms with current legislation.
In
the sample will below, all underlined and bracketed items should be replaced
with the appropriate information.
THIS
IS THE LAST WILL AND TESTAMENT of me, [NAME], [OCCUPATION], of [STREET
ADDRESS], in the City of _____________, in the Province of
_______________________.
I
HEREBY REVOKE all former Wills and other Testamentary dispositions by me at
any time heretofore made and DECLARE this to be and contain my Last Will and
Testament.
I
NOMINATE, CONSTITUTE AND APPOINT my [RELATIONSHIP TO EXECUTOR –
HUSBAND/WIFE/COMMON-LAW SPOUSE, FRIEND, ETC.], [EXECUTOR NAME], of
[STREET ADDRESS], in the City of [CITY, PROVINCE], to be the
sole Executor and Trustee of this my Last Will and Testament, and I herein
after refer to [him/her] as my 'Trustee'.IN THE EVENT that [EXECUTOR NAME] shall be unable or
unwilling for any reason whatsoever to act or continue acting as my Executor
and Trustee, I then appoint my [RELATIONSHIP TO EXECUTOR – SON/DAUGHTER,
FRIEND, ETC.], [EXECUTOR NAME], of [STREET ADDRESS], in the
City of [CITY, PROVINCE], and/or my [RELATIONSHIP TO EXECUTOR –
SON/DAUGHTER, FRIEND, ETC.], [EXECUTOR NAME], of [STREET ADDRESS],
in the City of [CITY, PROVINCE], Executor and Trustee of this my Last
Will and Testament (hereinafter referred to as 'my Trustee’).
I
GIVE, DEVISE AND BEQUEATH all my estate, both real and personal, of every
nature and kind and wheresoever situate, including any property over which I
may have a general power of appointment, to my [RELATIONSHIP –
HUSBAND/WIFE, ETC.], [BENEFICIARY NAME], if he survives me for a
period of [thirty (30) days], for [his/her] own use absolutely.
IF
MY SAID [RELATIONSHIP – HUSBAND/WIFE, ETC.] should predecease me, or
die within a period of [thirty (30) days] following my death, I GIVE, DEVISE
AND BEQUEATH all my estate, both real and personal, of every nature and kind
and wheresoever situate, including any property over which I may have a
general power of appointment, to my Trustees to hold upon the following
trusts:
a)
To use their discretion
in the realization of my estate, with power to my Trustee to sell,
call in and convert into money any part of my estate not consisting of
money at such time or times, in such manner and upon such terms, and
either for cash or credit or for part cash and part credit, as my said
Trustee in their uncontrolled discretion may decide upon, or to
postpone such conversion of my estate or any part or parts thereof for
such length of time as they may think best and I HEREBY DECLARE that
my said Trustee may retain any portion of my estate in the form in
which it may be at my death (notwithstanding that it may not be in the
form of an investment in which Trustee are authorized to invest funds
and whether or not there is a liability attached to any such portion
of my estate) for such length of time as my said Trustee may in their
discretion deem advisable, and my Trustee shall not be held
responsible for any loss that may happen to my estate by reason of
their so doing.
b)
To pay out of the
capital of my general estate my just debts, funeral and testamentary
expenses and all succession duties and inheritance and death taxes,
whether imposed by or pursuant to the law of this or any province,
state, country or jurisdiction whatsoever, that may be payable in
connection with an insurance on my life or any gift or benefit given
by me either in my lifetime or by survivorship or by this my Will or
any Codicil thereto.
c)
To divide the rest and
residue of my estate into equal shares, to be transferred and
distributed equally among the following persons:
1.[ALTERNATE BENEFICIARY #1 NAME, RELATIONSHIP]
2.[ALTERNATE BENEFICIARY #2 NAME, RELATIONSHIP]
IF
one of my above-named beneficiaries shall predecease me, then the equal share
set apart for that deceased beneficiary shall instead be distributed to his or
her descendants, equally share and share alike.If one of my above-named beneficiaries shall predecease me leaving no
descendants surviving, then the equal share set apart for that deceased
beneficiary shall be distributed to my other beneficiary, or if my other
beneficiary has predeceased me, then to his or her descendants, equally share
and share alike.
IN
WITNESS WHEREOF I have hereunto set my hand to this and the preceding page at
[CITY NAME], in the Province of [PROVINCE NAME], this [DATE – 1st
day of MONTH , AD YEAR].
__________________________________________
[PRINT
YOUR NAME HERE, SIGN ABOVE]
SIGNED, PUBLISHED AND
DECLARED
by the above named
Testator, [YOUR NAME],
as and for [his/her]
last will and Testament,
in our presence, who at
[his/her] request and in [his/her]
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