Free Last Will and Testament

Free Last Will and Testament

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Last Will and Testament

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Last Will and Testament

Where do you live?

Where do you live?

England
Built for England
Different countries have different rules and regulations. Your Last Will and Testament will be customised for England.

Frequently Asked Questions

Why should I have a Last Will?A Last Will enables you to:
  • Choose who will get your property after your death;
  • Choose how your property will be divided among your various beneficiaries;
  • Give specific items of property to specific people;
  • Appoint someone you trust to administer your estate; and
  • Appoint a guardian for your minor children.
If you die without a Will, your property will be distributed by a court-appointed administrator according to statutory plans for "intestate succession." Your property will be divided among your surviving spouse, children, and possibly other relatives in whatever manner the law of your jurisdiction specifies. You will not have a chance to give property to non-relatives or to exclude relatives. Additionally, if you have no relatives, your property will go to the state rather than to a friend or charity of your choice.
When should I update my old Will?You should review your Will from time to time to ensure that it still meets your needs and that your property will be distributed according to your wishes. You should consider writing a new Will on the following events:
  • You get married or divorced (a change in marital status may void your old Will);
  • You are unmarried, but have a new partner;
  • The amount of money and property you own significantly changes;
  • Your Executor or a significant beneficiary in your Will dies;
  • There is a birth or adoption of a child in your family;
  • You change your mind about the provisions in your Will.

Your Last Will and Testament

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LAST WILL AND TESTAMENT OF ____________________

I, ____________________, presently of ____________________, England, hereby revoke all former testamentary dispositions made by me and declare this to be my last Will.


  1. PRELIMINARY DECLARATIONS
  2. Prior Wills and Codicils
  3. I revoke all prior Wills and Codicils.
  4. Marital Status
  5. I am not married.
  6. Children
  7. I do not have any living children.

  8. EXECUTOR
  9. Executor
  10. The expression 'my Executor' used throughout this Will includes either the singular or plural number, or the masculine or feminine gender as appropriate wherever the fact or context so requires. The term 'executor' in this Will is synonymous with and includes the term 'executrix' and 'personal representative'.
  11. Appointment
  12. I appoint ____________________ of ____________________, ____________________, England, as my Executor of this my Will.
  13. My Executor is not required to post bond.
  14. Powers Of My Executor
  15. I give and appoint to my Executor the following duties and powers with respect to my estate:
    1. To pay my legally enforceable debts, funeral expenses and all expenses in connection with the administration of my estate and the trusts created by my Will as soon as convenient after my death, except for any debt secured by real and/or personal property which is to be assumed by the recipient of such property.
    2. To take all legal actions to have the probate of my Will completed as quickly and simply as possible, and as free as possible from any court supervision.
    3. To retain, exchange or dispose of any personal property without liability for loss or depreciation.
    4. To invest, lease, rent, exchange, mortgage, sell, dispose of or give options without being limited as to term, any and all real property belonging to my estate and to insure, repair, improve, add to, remove from or demolish or otherwise deal with such real properties as my Executor deems advisable without liability for loss or depreciation.
    5. To purchase, maintain, convert and liquidate investments or securities, and to exercise voting rights in connection with any shareholding, or exercise any option concerning any investments or securities.
    6. To open or close bank accounts.
    7. To maintain, continue, dissolve, change or sell any business which is part of my estate, or to purchase any business if deemed necessary or beneficial to my estate by my Executor.
    8. To maintain, settle, abandon, make a claim against or defend, or otherwise deal with any claims or actions against my estate.
    9. To employ any solicitor, accountant or other professional.
    10. Except as otherwise provided, to act as my Trustee by holding in trust the share of any minor beneficiary, and to keep such share invested, pay the income or capital or as much of either or both as my Executor considers advisable for the maintenance, education, advancement or benefit of such minor beneficiary and to pay or transfer the capital of such share or the amount remaining to such beneficiary when he or she reaches the age of majority or, during the minority of such beneficiary, to pay or transfer such share to any parent or guardian of such beneficiary subject to like conditions and the receipt by any such parent or guardian discharges my Executor.

    The above authority and powers granted to my Executor are in addition to any powers and elective rights conferred by statute or common law or by other provision of this Will and may be exercised as often as required, and without application to or approval by any court.


  16. DISPOSITION OF ESTATE
  17. Distribution of Residue
  18. 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 and assets not specifically bequeathed or otherwise required for the payment of any debts owed, including but not limited to, expenses associated with the probate of my Will, the payment of taxes, funeral expenses or any other expense resulting from the administration of my Will. The entire estate residue is to be divided between my designated beneficiaries with the beneficiaries receiving a share of the entire estate residue.  All property given under this Will is subject to any encumbrances or liens attached to the property.
  19. I direct my Executor to divide the residue of my estate into one hundred (100) equal shares which will be distributed as follows ("Share Allocations"):
    1. __________ of __________, ______________, will receive 100 shares of my residuary estate.
  20. Individuals Omitted From Bequests
  21. If I have omitted to leave property in this Will to one or more of my heirs as named above, the failure to do so is intentional.

  22. GENERAL PROVISIONS
  23. No Contest Provision
  24. If any beneficiary under this Will contests in any court any of the provisions of this Will, then each and all such persons shall not be entitled to any devises, legacies, bequests, or benefits under this Will or any codicil hereto, and such interest or share in my estate shall be disposed of as if that contesting beneficiary had not survived me.
  25. Severability
  26. If any provisions of this Will are deemed unenforceable, the remaining provisions will remain in full force and effect.
  27. Signature
  28. I, ____________________, the within named Testator, have to this my last Will contained on this and the preceding pages, set my hand at the City of ____________________, ______________, this 29th day of March, 2017 I declare that this instrument is my last Will, that I am of the legal age in this jurisdiction to make a Will, that I am under no constraint or undue influence, and that I sign this Will freely and voluntarily.

    _____________________
    ____________________

WITNESSES

This instrument was signed on the above written date by ____________________, and in our presence they declared this instrument to be their last Will. At their request and in their presence and in the presence of each other, we subscribe our names as witnesses hereto. Each of us observed the signing of this Will by ____________________ and by each other subscribing we witness and affirm that each signature is the true signature of the person whose name was signed. Each of us is now the age of majority, a competent witness and resides at the address set forth after our names.

To the best of our knowledge, the Testator is of the age of majority or otherwise legally empowered to make a Will, is mentally competent and under no constraint or undue influence.

We declare under penalty of perjury under the laws of the United Kingdom of Great Britain and Northern Ireland that the foregoing is true and correct this 29th day of March, 2017, at ____________________, ______________.

Signed by ____________________ in our presence and then by us in their presence.

Signature

_________________________

 

Signature

_________________________

Name

_________________________

 

Name

_________________________

Address

_________________________

 

Address

_________________________

 

_________________________

   

_________________________

City/Town

_________________________

 

City/Town

_________________________

Postcode

_________________________

 

Postcode

_________________________

Last Will and Testament Information

A Last Will and Testament, also referred to as a Will, is a document that you use to describe how you would like your property and possessions divided after your death, and to name guardians for any of your children who are under 18.

Why do I need a Last Will and Testament?

A Will is important to have in order to control where your money and property will go after you pass away. If you don't have a proper Will in place prior to your death, the law determines who will receive your assets.

Having a Will also allows you to:

  • Appoint guardians for your minor children to ensure that they receive the best care in your absence because otherwise, the court will decide who will look after your children;
  • Name a pet caretaker for your pets;
  • Plan your estate and its inheritance tax; and
  • Reduce stress on your family when you die.

How do I value my estate?

The value of your estate can be determined by first listing your assets, including all possessions, such as your home, automobiles, bank accounts, insurance policies, stocks, investments, bonds, and more.

Once you list your assets, you can deduct your liabilities (debts) from your assets to find out the true value of your estate. Liabilities may include mortgages, personal or student loans, credit cards, overdrafts, and more.

Who do I include in my Will?

Executor: Your executor is the person that you appoint to execute your estate plans once you pass away. The executor is responsible for dealing with your affairs, and carrying out the wishes in your Will, which is why it is important to choose someone you trust.

Your executor can be a beneficiary in your Will, but must be over 18. You may also choose to include more than one executor to represent you.

Beneficiaries: Your beneficiaries are the individuals, organisations, or charities that will benefit from your Will by inheriting property or sentimental gifts.

Guardian for minor children: If you are a parent of any children under 18, you should specify who will look after them in your absence.

The guardian you choose for your children should be capable of caring for them, and is required to be an adult (over 18).

Pet Caretaker: If you own pets, you may name a pet caretaker to look after your pets after you pass away.

Can my spouse and I have one Will?

You and your spouse may create what is referred to as a Joint Will, or Mutual Will, where you create one Will for both of you. When one spouse passes away, the surviving spouse retains the assets. However, the surviving spouse cannot make changes to the Mutual Will after their partner has passed away.

Some spouses write Mirror Wills, in which each spouse has their own separate Will, but they are nearly identical to each other. This type of Will leaves everything to the other spouse.

How do I execute my Last Will and Testament?

For a Will to be considered valid, it needs to be executed in front of two witnesses. The witnesses also need to sign it.

You must adhere to the following criteria when executing your Will:

  • Be of sound mind;
  • Have your Will in writing (typed is fine);
  • Execute it voluntarily; and
  • Be over the age of 18.

Where should I store my Will?

After you have executed your Will, you should store it in a safe location. This can be with your solicitor, your bank, or a probate service. Inform your executor where you have stored your Will.

Can I make changes to my Last Will?

While it is advised that you create a new Will if you plan on altering your existing one, you may also use a Codicil to add or modify clauses. If you wish to create a new Will, you would first need to destroy your current one, notify any parties involved, make a new Last Will and Testament, and then sign and date it properly for it to come into effect.

You may wish to update your Will after the following events:

  • Marriage, separation, or divorce (marriage or divorce may invalidate any previous Wills);
  • Birth or adoption of a child;
  • Birth of a grandchild;
  • The death of a beneficiary, guardian, or executor;
  • You change your mind about the Will's contents, and wish to add or remove a beneficiary;
  • A change in your financial situation, such as incurring debts, or gaining assets; or
  • Changes to tax laws.

Documents Related to a Last Will:

  • Power of Attorney: This document allows you to give someone the power to manage your business, financial, real estate, or personal matters on your behalf.
  • Advance Decision: A form for you to specify your health care and medical treatment preferences, so, in the event you are no longer able to make decisions due to incapacitation, health care professionals can look to this document for reference.
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