MARITAL STATUS AND CHILDREN. I am married to {spousesNamest} {spousesName108:last} and have the following living children:
{nameAnd[1]} {nameAnd[2]} of {nameAnd[3]} {nameAnd[4]};
{listThe76[2]}; and
{listThe76}.
{child1}{child2}{child3}{child4}{child5}
OVERVIEW OF WHAT YOU’VE DONE AND THINGS YOU SHOULD DO
What you’ve created. You’ve now created a will, which is formally referred to as a Last Will and Testament. We’ll just call is a Will with a capital W. Before signing, please read your Will carefully to make sure you understand and agree with everything it says.
Your Executor. You should let the person you have chosen to be your executor and, if applicable, alternate executor, know that you have selected them. You should have a conversation with this person to make sure they understand what you want them to do.
HOW YOUR WILL NEEDS TO BE SIGNED
In the State of Vermont, a Will must be signed in the presence of two credible witnesses. Credible, in this context, means that neither witness stands to inherit anything from you under your Will. So do not allow someone you have named as a beneficiary in your Will to act as a witness. If you do, that person will be unable to receive what you intended to give them.
While you only need two credible witnesses to sign the Will in your presence, it’s a good idea to have all three signatures (yours and both witnesses) witnessed by a notary public. If your Will is signed by two witnesses and notarized, then it will be accepted by the probate court without the need for a witness to testify that the Will was properly signed. A signature block for a notary public is included in your Will. You may choose to use it or not.
AFTER YOU SIGN
Please keep the original signed documents in a safe place. Give a photocopy of the documents to the executor(s) you have selected and also give a photocopy to someone you trust. Vermont also offers you the ability to submit your Will to the Probate Court in the County in which you reside and the Court will then keep your Will on file unless and until you notify the Court that you’ve revoked or replaced it. In order to take advantage of this, send either the original or a copy of your Will in a plain envelope with your name and the date clearly printed on it to:
Enclose a check for $_______ payable to _______________________________.
LAST WILL AND TESTAMENT OF {weNeed[1]} {weNeed[}
I, {shortText} {shortText129}, of {city}, {itsTime}, declare that this is my Last Will and Testament.
I. BASIC THINGS.
PRIOR LAST WILLS AND TESTAMENTS. I intend this to my current Last Will and Testament and revoke all prior Wills or Codicils.
MARITAL STATUS AND CHILDREN. I am married to {spousesNamest} {spousesName108:last} and have the following living children:
{nameAnd[1]} {nameAnd[2]} of {nameAnd[3]} {nameAnd[4]};
{listThe76[2]}; and
{listThe76}.
The term “child” or “children” in this Will includes the above listed children and any children of mine that are subsequently born or legally adopted.
MARITAL STATUS AND CHILDREN. I am married to {spousesName108:first}{spousesName108:last}. I have no children.
MARITAL STATUS AND CHILDREN. I am not married. I have the following living children:
{nameAnd[1]} {nameAnd[2]}of {nameAnd[3]}, {nameAnd[4]};
{nameAnd121[1]} {nameAnd121[2]} of {nameAnd121[3]}, {nameAnd121[4]};
{nameAnd122[1]} {nameAnd122[2]} of {nameAnd122[3]},{nameAnd122[4]};
The term “child” or “children” in this Will includes the above listed children and any children of mine that are subsequently born or legally adopted.
MARITAL STATUS AND CHILDREN. I am not married and I have no children.
II. TERMS EXECUTOR, EXECUTRIX AND PERSONAL REPRESENTATIVE; APPOINTMENT. The term “Executor” in this Will includes either the singular or plural number and is synonymous with “executrix” or “personal representative. I will appoint {theFirst[3]} {theFirst[9]} of {theFirst[6]}, {theFirst[7]}, {theFirst[8]} as the sole Executor of this Will, but if {theFirst[3]} {theFirst[9]} should pre-decease me, or should be unable to act as my Executor for any reason, then I appoint {wouldYou58[1]} {wouldYou58[4]} of {wouldYou58[1]}, {wouldYou58[2]}, {wouldYou58[3]} to be the sole Executor of this Will in place of {theFirst[3]} {theFirst[9]}. No bond or other security will be required by my appointed Executor.
III. POWERS OF MY EXECUTOR. It is my intention to grant to and appoint my Executor with the broadest duties and powers possible in order for him or her to quickly and efficiently have the probate of my Will completed. While the below list is not exclusive because I grant to and appoint my Executor with the broadest duties and powers possible, my Executor has the authority to:
A. pay my debts, funeral expenses and all estate administration expenses created by my Will as soon as possible;
B. retain, exchange, insure, repair, improve, sell, lease or dispose of any and all of my personal property, real property, investments or securities as my Executor deems advisable without liability for loss or depreciation;
C. open or close bank accounts; and
D. employ any lawyer, account or other professional
The above authority and powers granted to my Executor are in addition to any powers and elective rights conferred by law or this Will and maybe exercised as often as required without application or approval by any court.
IV. DISPOSITION OF MY ESTATE.
GENERALLY SPEAKING. To receive a specific bequest under this Will, a beneficiary must survive me for thirty (30) days. Any specific bequest that fails to pass to a beneficiary will return to my estate and be included in the residue. All property given under this Will is subject to any encumbrances or liens attached thereto.
SPECIFIC BEQUESTS. I wish to make special gifts (specific bequests) as follows:
I leave to {wouldYou69[2]} of {wouldYou69[6]}, the following: {wouldYou69[1]}. If {wouldYou69[2]} does not survive me, I leave this property to {wouldYou69[3]} of {wouldYou69[7]}.
I leave to {descriptionOf83[2]} of {descriptionOf83[6]}, the following: {descriptionOf83[1]}. If {descriptionOf83[2]} does not survive me, I leave this property to {descriptionOf83[3]} of {descriptionOf83[7]}.
I leave to{descriptionOf94[2]} of {descriptionOf94[6]}, the following: {descriptionOf94[1]}.
V. DISTRIBUTION OF RESIDUE.
GENERALLY SPEAKING. To receive any gift or property under this Will, a beneficiary must survive me for thirty (30) days. Beneficiaries of my estate residue will receive and share all of my property not specifically bequeathed above or otherwise required for the payment of any debts owed, including but not limited to expenses associated with the probate of this Will, taxes, funeral expenses and other expenses related to the administration of this Will. The entire estate residue is to be divided between my designated beneficiaries. All property given under this Will is subject to any encumbrances or liens attached thereto.
RESIDUE.
I leave the residue of my estate to my spouse. If my spouse does not survive me, I leave the residue of my estate to my children in equal shares.
I leave the residue of my estate to my children in equal shares.
I leave the residue of my estate to {beneficiaryOf115}.
I want to split up the residue of my estate and give it to several beneficiaries as follows: {beneficiariesOf}
= 100%
I leave the residue of my estate to my spouse. If my spouse does not survive me, I leave the residue of my estate to ________________ of _______________, _____________, ____.
I leave the residue of my estate to __________________ of _________________, __________, _______.
I want to split up the residue of my estate and give it to several beneficiaries as follows:
{beneficiariesOf}
= 100%
I leave the residue of my estate to my children in equal shares. If my children do not survive me, I leave the residue of my estate to ___________________ of _________________, __________, _______.
I leave the residue of my estate to __________________ of _________________, __________, _______.
I want to split up the residue of my estate and give it to several beneficiaries as follows:
___% to _________________ of __________________, _________, ___.
___% to _________________ of __________________, _________, ___.
___% to _________________ of __________________, _________, ___.
___% to _________________ of __________________, _________, ___.
= 100%
E. I leave the residue of my estate to my parents in equal shares. If my parents do not survive me, I leave the residue of my estate to my siblings in equal shares.
I leave the residue of my estate to my siblings in equal shares.
I leave the residue of my estate to __________________ of _________________, __________, _______.
I want to split up the residue of my estate and give it to several beneficiaries as follows:
___% to _________________ of __________________, _________, ___.
___% to _________________ of __________________, _________, ___.
___% to _________________ of __________________, _________, ___.
___% to _________________ of __________________, _________, ___.
= 100%
VI. WIPEOUT PROVISION. Should any beneficiary predecease me, or fail to survive for thirty (30) full days and should I leave no children or grandchildren surviving me, or should they all die before becoming entitled to receive the whole or their share of my estate, then I direct my Executor to divide the remaining residue into one hundred (100) shares and to pay and transfer such shares as follows:
{pleaseProvide}
= 100%
VII. GUARDIAN FOR MINOR AND DEPENDENT CHILDREN. Should any minor or dependent children require a guardian, I appoint the following individual to be their guardian (the “Guardian”):
I appoint {ifYour81[1]} {ifYour81[6]} of {ifYour81[2]} {ifYour81[4]}, {ifYour81[5]} to be the sole Guardian of all my minor and dependent children until they are at least 18 years of age.
VIII. PLACEMENT AND MAINTENANCE OF PET.
Where my pet, {describeYour[1]}, is alive and healthy at the time of my death, I direct my Executor to find a permanent, safe and loving environment for {describeYour[1]} as soon as practicable after my death and grant my Executor the fullest possible discretion to do so. I direct my Executor to provide a maximum of ${howMuch} out of the residue of my estate as a one time sum to be used for the future, care, feeding and maintenance of {describeYour[1]}.
Where my pet, {describeYour[1]}, is alive and healthy at the time of my death, I direct my Executor to place {describeYour[1]} with {nameOf[1]} of {nameOf[2]}, {nameOf[4]}, {nameOf[5]} as soon as practicable after my death. I direct my Executor to provide a maximum of ${howMuch} out of the residue of my estate as a one time sum to be used for the future, care, feeding and maintenance of {describeYour[1]}.
Where my pet, {describeYour[1]}, is alive and healthy at the time of my death, I direct my Executor to find a permanent, safe and loving environment for {describeYour[1]} as soon as practicable after my death and grant my Executor the fullest possible discretion to do so.
IX. FORGIVE DEBTS. I wish to forgive the following debts:
{sometimesA71[1]} owed to me by {sometimesA71[2]} of {sometimesA71[3]}, {sometimesA71[4]}, {sometimesA71[6]};
{descriptionOf[1]} owed to me by {descriptionOf[2]}of{descriptionOf[3]}, {descriptionOf[4]}, {descriptionOf[6]};
{descriptionOf113[1]} owed to me by {descriptionOf113[2]} of {descriptionOf113[3]}, {descriptionOf113[4]}, {descriptionOf113[5]};
X. NO CONTEST PROVISIONS. If any beneficiary under this Will contests in any court any of the provisions of this Will, then each such person shall not be entitled to any devises, legacies, bequests, or benefits under this Will or any codicil hereto.
XI. SEVERABILITY. If any provisions of this Will are deemed unenforceable, the remaining portions will remain in full force and effect.
IN WITNESS WHEREOF, I have signed my name on this ____ day of ______________ at ________________, ____, declaring and publishing this instrument as my Last Will, in the presence of the undersigned witnesses, who signed and subscribed this Last Will at my request and in my presence.
SIGNED:______________________________________________
NAME: {weNeed[1]} {weNeed[4]}
SIGNED AND DECLARED by _______________ on this ____ day of ______________ at ________________, ____, who at her request and in her presence and in the presence of each other, all being present at the same time, have signed our names as witnesses.
____________________________________ ____________________________________
WITNESS #1 Signature WITNESS #2 Signature
____________________________________ ____________________________________
WITNESS #1 Name (please print) WITNESS #2 Name (please print)
____________________________________ ____________________________________
WITNESS #1 Address WITNESS #2 Address
____________________________________ ____________________________________
WITNESS #1 City/State WITNESS #2 City/State
AFFIDAVIT
STATE OF NEW HAMPSHIRE
COUNTY OF ________________
This Will was acknowledged before me this ___ day of _________________, ______ by __________________, the Testator; ____________________ and _________________, the witnesses, who under oath do swear as follows:
1. {weNeed[1]} {weNeed[4]} signed this instrument as his/her Last Will or expressly directed another to sign for him/herself.
2. This was {weNeed[1]} {weNeed[4]}’s free and voluntary act for the purposes expressed in the Will.
3. Each witness signed at the request of {weNeed[1]} {weNeed[4]}, in {weNeed[1]} {weNeed[4]}’s presence, and in the presence of the other witnesses.
4. To the best of my knowledge, at the time of the signing {weNeed[1]} {weNeed[4]} was at least 18 years of age, or if under 18 years was a married person, and was of sane mind and under no constraint or undue influence.
Witness my hand and notarial seal the day and year written above.
Notary Public Signature: ____________________________________
My commision expires on:_________________________