Need a basic will? You can use this free will form as template
to make legal arrangements for your loved ones after your death.
Should your assets be substantial and be subject to federal estate taxes or death duty, or you need more complicated estate planning such as the establishment of living trusts, you should seek professional advice.
You can still use our free will form as a basis to streamline your thoughts before consulting with legal counsel.
Don't be afraid to issue specific instructions to your executors. Unless such instructions are against the law, there is no reason why they should be challenged.
The free last will template lower down on this page may be suitable for married people with minor children.
Alternatively one of the following printable free will forms - available as PDF and Word Documents - may be more suitable for you:
And what about single people with minor children?
The following is actually very important for anyone with minor children!
Not only do you need to make provision for a legal guardian for your children, you should also consider nominating a trustee to administer the assets you bequeath to your children by creating a Testamentary Trust.
We'll show you the why and how on these pages:
Important Note
Refer to the guidelines on our main page:
How to Write a Will - where different aspects of wills are explained that can assist you in compiling your last will and testament, or to complete the sample legal document provided here.
LAST WILL AND TESTAMENT
of
____________________________________
(Full Names and Surname)
____________________________________
(Identification / Social Security Number(s)
____________________________________
____________________________________
1. Declaration
I hereby declare that this is my last will and testament and that I hereby revoke, cancel and annul all wills and codicils previously made by me either jointly or severally. I declare that I am of legal age to make this will and of sound mind and that this last will and testament expresses my wishes without undue influence or duress.
2. Family Details
I am married to _____________________________ hereinafter referred to as my spouse.
I have the following children:
Name: ______________________ Date of Birth _________
Name: ______________________ Date of Birth _________
Name: ______________________ Date of Birth _________
3. Appointment of Executors
3.1. I hereby nominate, constitute and appoint _________________________ as Executor or if this Executor is unable or unwilling to serve then I appoint _______________________ as alternate Executor.
3.2. I hereby give and grant the Executor all powers and authority as are required or allowed in law, and especially that of assumption.
3.3. I hereby direct that my Executors shall not be required to furnish security and shall serve without any bond.
3.4. Pending the distribution of my estate my Executors shall have authority to carry on any business, venture or partnership in which I may have any interest at the time of my death.
3.5. My Executors shall have full and absolute power in his/her discretion to sell all or any assets of my estate, whether by public auction or private sale and shall be entitled to let any property in my estate on such terms and conditions as may be acceptable to my beneficiaries.
3.6. My Executors shall have authority to borrow money for any purpose connected with the liquidation and administration of my estate and to that end may encumber any of the assets of my estate.
4. Guardian
4.1. Failing the survival of my spouse as natural guardian I appoint _____________________ or failing him / her I appoint ______________________ to be the legal Guardian of my minor children named:
until such time as they attain the age of _____________ years.
4.2. I direct that my nominated Guardian shall not be required to furnish security for acting in that capacity.
5. Beneficiary
I bequeath the whole of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature to my spouse _______________________.
6. Alternate Beneficiaries
6.1. Should my spouse not survive me by thirty (30) days I direct that the whole of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature be divided amongst my children named in 2. above in equal shares.
6.2. Should my said spouse and I and my children all die simultaneously or within thirty (30) days of each other as a result of the same accident or calamity, then and in that event, I direct that the whole of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature shall devolve as follows:
7. Special Requests
I direct that on my death my remains shall be cremated and all cremation expenses shall be paid out of my estate.
OR
I direct that on my death my remains shall be buried at _______________________ and all funeral expenses shall be paid out of my estate.
8. General
8.1. Words signifying one gender shall include the others and words signifying the singular shall include the plural and vice versa where appropriate.
8.2. Should any provision of this will be judged by an appropriate court of law as invalid it shall not affect any of the remaining provisions whatsoever.
Signed on this _________________ day of _________________20_____ at this location _______________________________________ in the presence of the undersigned witnesses.
WITNESSES
As witnesses we declare that we are of sound mind and of legal age to witness a will and that to the best of our knowledge ____________________, the creator of this will, is of legal age to make a will, appears to be of sound mind and signed this will willingly and free of undue influence or duress. We declare that he / she signed this will in our presence as we then signed as witnesses in his / her presence and in the presence of each other witness, all being present at the same time.
Under penalty of perjury we declare these statements to be true and correct on this
________________ day of _________________ 20 __
at this location ________________________________.
Witness 1.
Witness 2.
