Fillable Printable Joint and Mutual Will Form Sample

Joint and Mutual Will Form Sample

JOINT AND MUTUAL WILL: Last will and testament of husband and wife,

leaving the estate to the survivor and to the children upon the death of the survivor

Will of _________

We, _________ and _________, husband and wife, of _________[address],

_________ County, _________[state], declare this to be our last will and testament.

We revoke all prior wills and codicils by us, or either of us, heretofore made.

II.

1. We have _________[number] children as the issue of our marriage. The

children are:

Name Birth Date Address

2. All of the above-mentioned children are living. We have no deceased children.

3. The terms "child" and "children" as used in this will include the children

mentioned in this will, any children born hereafter of whom we are the parents, and any

children we may hereafter adopt.

III.

We have intentionally omitted to make provision in this will for any future spouse

which either one of us might have.

IV.

This will is made pursuant to a written agreement between us, dated _________, by

which it was mutually agreed that we would execute a joint and mutual will, leaving to

the survivor all property, real and personal, of the party first to die, and on the death of

the survivor, leaving all of his or her property to our children equally, share and share

alike.

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It is our desire that, subject to the provisions of Paragraph VII, the survivor of us shall

have absolutely and in fee simple all the property, real, personal, or mixed, which either

or both of us may own or have any interest in at the death of the one of us first to die.

Accordingly, we hereby devise and bequeath, subject to the provisions of Paragraph VII,

unto such survivor all of such property.

VI.

It is our desire, and we hereby so direct, that on the death of the survivor of us, all of

his or her property, real, personal, or mixed, shall be divided among our children equally,

share and share alike. In the event any child or children predeceases the survivor of us,

the heirs and representatives of the deceased child or children shall take per stirpes and

share only in the portion the child would have received had he or she survived.

VII.

In the event that we die within _________ days of one another, the dispositive

provisions of Paragraph V shall be inoperative, and all our property whether owned

jointly or severally shall pass under the provisions of Paragraph VI.

VIII.

We appoint the survivor of us, _________[name of husband] or _________[name of

wife], as the case may be, as the executor of this will, and direct that no bond or other

form of security be required of the survivor by reason of his or her acting in such

capacity.

IX.

We appoint _________, of _________[address], _________ County,

_________[state], as the executor of this will, to serve without bond, when the survivor

of us dies or in the event our deaths occur simultaneously, or in such proximity so as to

preclude the survivor of us from acting in that capacity, or in the event the survivor of us

is otherwise unable or unwilling to serve as the executor.

We, and each of us, make, publish, and declare this to be our last will and testament,

subscribing our names on _________[date], at _________[address], _________ County,

_________[state], in the presence of _________, _________,and _________, attesting

witnesses, who subscribe their names to this will on _________[date] at our request and

in our presence.

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[Signatures]

ATTESTATION CLAUSE

On the date last above written, _________ and _________, known to us to be the

persons whose signatures appear at the end of this will, declared to us, the undersigned,

that the foregoing instrument, consisting of _________ pages, including the page on

which we have signed as witnesses, was their joint and mutual will. They then signed the

will in our presence and, at their request, in their presence and in the presence of each

other, we now sign our names as witnesses.

residing at

[Signature] [Street, city, state]

residing at

[Signature] [Street, city, state]

residing at

[Signature] [Street, city, state]

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