Free Last Will and Testament

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Last Will and Testament

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Your Last Will and Testament

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LAST WILL AND TESTAMENT OF ____________________

I, ____________________, presently of ____________________, , 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 the sole Executor of this Will.
  13. Powers Of My Executor
  14. 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, let, 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.


  15. DISPOSITION OF ESTATE
  16. Distribution of Residue
  17. 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.
  18. I direct my Executor to distribute the residue of my estate as follows ("Share Allocations"):
    1. All of the residue of my estate to __________ of __________, , for their own use absolutely.
  19. Wipeout Provision
  20. I HEREBY DIRECT that the residue of my estate or the amount remaining thereof be divided into one hundred (100) equal shares and to pay and transfer such shares as follows:
    1. 100 shares to be divided equally between my parents and siblings, or the survivors thereof, for their own use absolutely, if all or any of them is then alive.
  21. Individuals Omitted From Bequests
  22. If I have omitted to leave property in this Will to one or more of my heirs as named above or have provided them with zero shares of a bequest, the failure to do so is intentional.

  23. GENERAL PROVISIONS
  24. No Contest Provision
  25. 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.
  26. Severability
  27. If any provisions of this Will are deemed unenforceable, the remaining provisions will remain in full force and effect.
  28. Signature
  29. 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 14th day of June, 2024 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 the Testator declared this instrument to be their last Will. At the Testator's request and in the presence of the Testator, 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 14th day of June, 2024, 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

______________________


What is a Last Will and Testament?

You can use a Last Will and Testament to control the distribution of your estate and to appoint a legal guardian for any dependents after you pass away. When you create a Last Will, you’re known as the testator.

This document includes custom instructions for allocating money and property to certain people or organisations (i.e., beneficiaries). You may name multiple beneficiaries and divide your assets as you see fit.

A Last Will and Testament also appoints someone to act as your executor (often a trusted family member or a hired professional) to manage and close your estate when you die.

Why do I need a Last Will and Testament?

If you don't have a proper Will in place prior to your death, the law determines who will receive your assets. Typically, this means your surviving family members stand to inherit—regardless of whether you had a good relationship with them or not. On the other hand, if you have no living relatives, the crown collects your property. 

You can also use a Last Will to appoint guardians for your minor children. Otherwise, if you and anyone else with parental responsibility die without a Will, the court decides who becomes responsible for your children.

What’s more, without a Will, only your closest living relative can apply for probate (which is the legal right to act as your administrator). So, if you want your partner to act as your executor—but you aren’t married or in a civil partnership—you must name them as an executor in your Will. 

Keep in mind that most executors will need to apply for probate, although there are some situations that don’t require it. The probate process also varies slightly by country in the U.K.

How do I write a Last Will and Testament?

Use LawDepot’s Last Will and Testament template to create a simple yet comprehensive document. We’ll guide you through the different aspects of an estate, so you can feel confident your document covers everything. 

Simply answer the questionnaire to customise the template, then print, sign, and execute your legal Last Will and Testament. 

The information you’ll need to write your Will is as follows.

1. Record testator details

You must include the testator’s: 

  • Full name
  • Place of residence
  • Marital status

These details may affect the laws that apply to the distribution of the estate. 

2. Name an executor

An executor is responsible for administering your estate. The duties related to this role may include:

  • Paying debts, funeral expenses, and estate taxes and costs
  • Collecting or disposing of personal property
  • Managing real estate and/or investments
  • Opening or closing bank accounts
  • Carrying out final instructions

With this in mind, it’s crucial to appoint someone you trust to act as your executor. Not only should this person be willing and capable to act in this role, but they must also meet legal requirements. For instance, you cannot choose a minor or someone who has been convicted of a criminal offence.

Note that you may have more than one executor. In this case, they must cooperate to administer the estate. It’s also best practice to name an alternate executor should anything prevent your first choice from carrying out your estate plans.

Finally, it’s perfectly acceptable for your executor to be a beneficiary in your Will. In fact, this is common when family members are appointed as executors. 

Alternatively, you can hire a professional (such as a solicitor or accountant) to administer your Will. In this case, funds from your estate will go towards the professional’s fee.

3. Add family details

Add the names of any children you have and specify whether they’re minors or adult dependents. If needed, you can name a guardian to assume responsibility for your dependent children when you pass away. Of course, this person would only take responsibility if both parents die. 

If you have minor beneficiaries, LawDepot’s Last Will and Testament template allows you to add a term for delaying their inheritance until they reach a certain age.

4. Specify gifts and name beneficiaries

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

If there are specific items (such as heirloom jewellery or the family home) that you wish to bestow on a particular person, be sure to say so in your Will.

Keep in mind that there are certain things you cannot include in your Last Will and Testament:

  • Proceeds from programs that already have beneficiaries (e.g. pension funds)
  • Jointly held property with rights of survivorship (i.e., the other owner automatically inherits the deceased’s share)
  • Your spouse's property

After listing specific gifts, you can name the beneficiaries who will inherit the remainder of your estate. 

If your listed beneficiaries cannot accept the inheritance (e.g., they refuse or predecease you), you can also add a wipeout beneficiary to inherit instead. Otherwise, people typically leave their inheritance to be divided equally among their parents and siblings.

5. Add final details

If you’d like to add specific instructions that aren’t already addressed in the questionnaire, you can write the clause yourself. For example, you may wish to forgive someone for an unpaid debt.

However, you should avoid adding instructions for funeral plans, as it’s likely your Last Will won’t be read until after your funeral. What’s more, these instructions will not be legally binding.

How do I execute my Last Will and Testament?

To properly execute your Will, you must sign the document in the presence of two witnesses

Remember that both of your witnesses should be competent adults who are not beneficiaries of your Will. What’s more, they cannot be the spouses of a beneficiary of your Will.

Once everyone is together, identify the document as your Last Will and Testament to your witnesses. Initial the bottom of each page and then provide a full signature on the signing page. 

Next, your witnesses must acknowledge that they’re witnessing your Last Will and Testament. They must initial each page (beside the testator’s initials) and sign and fill out the required information on the signing page of the Will. 

Finally, it’s essential to warn your witnesses that they may have to testify in court about completing this process with you.

You don’t need to notarize your document for it to be legal, however, you may do so for peace of mind.

Where should I store my Will?

After executing your Will, you should store the original copy in a safe location. This can be with your solicitor, your bank, or a probate service. In any case, inform your executor where the Will is and ensure they can access it when needed. Your executor will need the original copy to apply for probate.

Some people create copies of their Last Will and Testament to give to their executors or beneficiaries in advance. In the end, this is up to the testator’s discretion.

Can I make changes to my Last Will?

Yes, you can use a Codicil to add or change clauses in your Last Will and Testament. This is a legal document with similar signing requirements as your Will. 

If you need to make significant changes, it’s best practice to create a new Last Will and Testament. If you create a new Will, you should destroy the previous one and notify your executor of the change.

You should update or create a new Will after major life events such as:

Can a Last Will be changed after death?

No. However, someone may contest a Last Will and Testament if they have the legal grounds to do so. For example, legitimate reasons for challenging a Will include:

  • If the deceased didn’t have the mental capacity to create the Will
  • If the testator was coerced into creating the Will
  • Suspicion of forgery or fraud

Do I need to register my Last Will and Testament?

Although it’s not legally required, registering your Last Will and Testament with the U.K.’s National Will Registry is an excellent way to safeguard your estate plan.

Related Documents:

  • Power of Attorney: Give someone the authority to manage business, financial, real estate, or personal matters on your behalf.
  • Advance Decision: Specify your wishes for health care and medical treatments.
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