Fillable Printable Last Will and Testament

Last Will and Testament

________________________

(Name)

I, ___________________________, whose date of birth is ___________, a

resident of ________________ County, Texas, being of sound and disposing

mind and memory and over the age of eighteen years, and acting of my

own free will and without undue influence of any kind, do make, publish,

and declare this to be my Last Will and Testament, hereby expressly

revoking all Wills and Codicils previously made by me.

SECTION I.

I direct that my just and legal debts and funeral expenses and all

federal state estate and inheritance taxes imposed upon my estate or any

beneficiary thereof, including the portion of any such tax as is

attributable to the proceeds of policies of insurance on my life or other

property not constituting a part of my probate estate, be paid in full out

of my residuary estate as soon as convenient. This direction is not

obligatory upon my executor(s) and he and/or she is specifically given

the right to review and extend, in any form that he and/or she deems

best, any debt or charge existing at the time of my death, including any

mortgage on any home I may own at my death, and similarly my

executor(s) shall have the right and power to sell property, incur

indebtedness and to borrow money as he and/or she sees fit during the

administration of my estate for the purpose of paying any or all of the

aforesaid debts, expenses and taxes.

SECTION II.

I am married to ______________________. By this will I am disposing

of all of my property, whether separate, community or mixed. I hereby

give, bequeath, convey and devise all of my property, whether real,

personal or mixed to ________________________, my spouse, whose date of

birth is ______________, provided that he/she survives me by thirty days.

If ______________________ does not survive me by thirty days, then he/she

is deemed to have predeceased me and his/her gift lapses.

In the event __________________________ predeceases me, I therefore

give, bequeath, convey and devise all of my property, whether real,

personal or mixed to my children __________________________________ and

_____________________________, per stirpes, and according to the following

conditions. In the event any child is younger than twenty-one (21) years

of age, I give, bequeath, convey and devise that child’s share in my estate

to ______________________________, in trust, to be held, administered, and

distributed in accordance with the following provisions

Division of Trust Estate

The Trustee shall divide the trust estate into equal shares for my

surviving children only named herein, specifically ______________________

and ______________________. If any child is born to or adopted by me after

the making of this will, it is my intention that these provisions also apply

to said child. Each share shall constitute and be held, administered, and

distributed by the Trustee as a separate Trust, as set out below and in

Section III of the Will.

Separate Trusts for Living Children

The Trustee shall apply and distribute the net income and

principal of each of the shares of the trust estate set aside for the benefit

of each of my then living children named above as follows:

(1) The Trustee shall accumulate all of the net income from each share

of the trust estate and add it to the principal until such above

named children attain the age of 21 years, except as otherwise

provided in this instrument.

(2) When each above named child reaches the age of 21 years, the

Trustee shall distribute to such above named child all of the

balance of his or her share of the trust estate.

(3) If an above named child for whom a share of the trust estate has

been set aside should die prior to attaining the age of 21 years,

then on the death of such above named child, all of the balance of

such deceased above named child’s share of the trust estate shall

be added to the shares set aside for the benefit of the surviving

above named child, including proportionately both the distributed

and the undistributed shares. If neither above named child

survives to the age of 21, and does not leave issue, the shares set

aside for the benefit of the above named children shall be

distributed to ________________________________________________, per

stirpes. (Identify alternate beneficiaries)

Definitions

Definitions:

(1) All references in this Will to the “Trust” or the “trust estate,” unless

Otherwise specifically provided for in this Will, refer to each of the

separate Trusts provided for, respectively, and the trust estate of each

Trust.

Spendthrift Clause

No beneficiary of this Trust shall have any right to alienate,

encumber, or hypothecate his or her interest in the principal of income of

the Trust in any manner, nor shall any interest of any beneficiary be

subject to claims of his or her creditors or liable to attachment,

execution, or other process of law.

Distribution of Trust Assets by Executor

If, on termination of the administration of my estate, there has

been no distribution in trust to the Trustee and events have occurred

that would require the Trustee under the terms of this Will to distribute

all of the property immediately, my Executors shall perform all of the

acts necessary to complete that distribution and for that purpose shall

have all of the powers granted by this will to the Trustee.

SECTION III.

GENERAL ADMINISTRATIVE POWERS OF TRUSTEES

In order to carry out the purposes of each trust established by this

Will, the Trustee, in addition to all other powers and discretions granted

by this Will or by law, shall have the following powers, subject to any

limitations specified elsewhere in this Will:

Retention of Assets

To continue to hold any property received by the Trustee or

subsequently added to the trust estate, as long as the Trustee, in the

exercise of good faith and of reasonable prudence, discretion, and

intelligence, considers that retention is in the best interests of the trust.

Investments

To invest in every kind of property, real, personal, or mixed, and

every kind of investment that reasonable persons of prudence, discretion,

and intelligence would acquire for their own accounts, except specifically

investing in corporate obligations and stocks, preferred or common.

Management of Securities

To exercise all of the rights, powers, and privileges incident to

ownership of securities held by the trust, including, but not limited to,

the power to vote, give proxies, and pay assessments and other sums

deemed necessary by the Trustee for the protection of the trust estate; to

exercise or sell stock subscription or conversion rights; to accept and

retain as an investment any securities or other property received through

the exercise of any of the powers listed above.

Business Interests

To continue to operate, to sell, or to liquidate, as the Trustee

deems advisable, any business or partnership interest received by the

trust estate.

Sell and Exchange

To sell any property of the trust estate for cash or on deferred

payments, at public or private sale, without approval of any court.

Divisions of Trust Estate

On any division of the trust estate into separate shares or trusts,

to apportion and allocate the assets of the trust estate in cash or in kind

in the manner deemed advisable by the Trustee; after any division of the

trust estate, the Trustee may make joint investments with funds from

some or all of the several shares or trusts, but the Trustee shall keep

separate accounts for each share of trust.

Lease

To lease any real or personal property of the trust estate for any

purpose and for terms deemed prudent within the discretion of the

Trustee.

Property Management

To manage, control, improve, and repair real and personal property

belonging to the trust estate; to make alterations in buildings or other

trust property; to demolish any improvements; to raze party walls or

buildings; and to erect new party walls or buildings, as the Trustee

deems advisable.

Borrowing and Encumbering

To borrow money for any trust purpose from any person, firm, or

corporation, including one acting as a Trustee under this trust, on the

terms and conditions deemed proper by the Trustee; to obligate the trust

estate for repayment; and to encumber the trust estate or any of its

property by mortgage, deed or trust, or pledge, using procedures to

consummate the transaction deemed advisable by the Trustee.

Loans by Trustee

To lend or advance their own funds for any trust purposes to this

trust. The loans or advances that may be made by any Trustee, shall

bear interest at the current market rate from the date the loan is given

until repayment, and shall, together with interest, constitute a first lien

on the entire trust estate until repayment.

Natural Resource Rights

To enter into oil, gas, and other mineral leases on terms deemed

advisable by the Trustee; to enter into pooling, unitization, and other

types of agreements relating to the exploration, development, operation,

and conservation of mineral property; and to drill, mine, and otherwise

operate for the development and transportation of oil, gas, and other

minerals.

Insurance

To procure and carry at the expense of the trust estate insurance

of the type and in the amounts deemed advisable by the Trustee to

protect the trust estate and the Trustee against any liability.

Enforcement of Obligations

To enforce any deed of trust, mortgage, lien, or other encumbrance

held by the trust estate, and to purchase at any sale any property

subject to any such encumbrance

Adjustment and Settlement of Claims

To renew or extend the time of payment of any note or other

obligation held in the trust estate, and to adjust, settle, compromise, or

arbitrate claims or demands in favor of or against the trust estate, as the

Trustee deems advisable.

Litigation

To commence or defend, at the expense of the trust estate, any

litigation affecting the trust or any property of the trust estate deemed

advisable by the Trustee.

Administration Expenses

To pay all taxes, assessments, compensation of the Trustee, and

other expenses incurred in the care, administration, and protection of

the trust estate.

Employment of Attorneys, Advisers, and Other Agents

To employ any attorney, investment adviser, accountant, broker,

tax specialist, or any other agent deemed necessary in the discretion of

the Trustee, and to pay from the trust estate reasonable compensation

for all services performed by any of such employed persons.

General

To perform all of the acts and to exercise all of the rights, powers,

and privileges that an absolute owner of the same property would have

subject always to the discharge of their fiduciary obligations. The

enumeration of certain powers in this Will is not to be construed to limit

the general or implied powers of the Trustee

Failure of Trustee to Qualify or Act

If __________________________, appointed as Trustee under this Will,

fails to qualify or ceases to act as Trustee for any reason, then I nominate

and direct that ________________________________, be appointed Successor

Trustee to act as the sole Trustee under this Will, with all right, powers

and duties enumerated herein.

Delegation of Powers of Individual Trustee

_______________________________, Trustee, or the Successor Trustee

__________________________, may at any time delegate any or all of his/her

powers and duties to a corporate Trustee chosen by Trustee or Successor

Trustee, and may revoke or renew such delegation at any time.

Limit of Trustee’s Liability

_______________________________, Trustee, or the Successor Trustee,

_______________________, shall not at anytime be held liable for any action

or default of himself/herself or of any other person in connection with

the administration of the trust estate, unless caused by his/her own

gross negligence or willful commission of an act in breach of the trust.

Trustee’s Fees & Expenses

Any corporate Trustee appointed by Trustee or Successor Trustee

shall receive a reasonable fee for its services as Trustee, and

__________________________________, Trustee, or the Successor Trustee,

__________________________________, shall receive reimbursement for any

expenses incurred in connection with administration or distribution of

each Trust and a fee of One hundred dollars ($100.00) per year as

compensation for his/her services.

Determination of Income and Principal

The Trustee shall determine what constitutes income and what

constitutes principal of each Trust established under this Will, and what

expenses, costs, taxes, and charges of any kind shall be charged against

income and what shall be charged against principal in accordance with

the applicable statutes of the State of Texas as they now exist and may

from time to time be enacted, amended, or repealed.

Choice of Law

The validity and administration of the Trust established under this

Will and all determinations made relating to the construction or

interpretation of the Trust shall be governed by the laws of the State of

Texas.

SECTION IV

I name and appoint my spouse, _______________________________, of

______________________________ (address), _______________, (county) Texas

__________, (Zip) as Independent Executor without bond of this my Last

Will and Testament. In the event that ________________________ is unable

or unwilling to serve as Independent Executor, I hereby name and

appoint ______________________________, as Independent Executor without

bond. I direct that no action shall be had in any court exercising probate

jurisdiction in relation to the settlement of my estate other than the

probating and recording of my Will and the return of an inventory,

appraisement and list of claims of my estate. If my Executor lives

outside the State of Texas at the time of probate, I appoint

____________________________, of ______________________________, (address)

________________, (county) Texas ___________, (Zip) as the agent for service

of process for my estate.

My Executor(s) shall have all the rights, duties, and powers

conferred and imposed on an independent executor by the Texas Probate

Code, as amended, and including but not limited to the power to sell,

exchange, assign, transfer and convey any security or property, real or

personal, in my estate, at private or public sale, at such time and price,

and upon such terms and conditions (including credit) as my Executor(s)

may determine.

When paying legacies or dividing or distributing my estate, I direct

my Executor(s) to use his or her discretion to divide, allocate, and

distribute the property of my estate. Subject only to the devises I have

set forth in Section II, my Executor(s) may distribute the estate property

in kind, partly in kind and partly in cash, or entirely in cash. The

decision of my Executor(s) as to what constitutes a proper division of the

property of my estate is to be binding on all of the beneficiaries.

No Contest Provision

If any beneficiary under this Will directly or indirectly challenges or

contests this Will or any of its provisions, or attempts in any way to

oppose or set aside the probate of this Will or impair or invalidate any of

its provisions, any legacy or other provision I have made with respect to

that person under this Will is revoked and shall be disposed of as if that

contesting beneficiary had predeceased me without issue.

Revocability

I have not entered into any contract to make a will or devise, any

contract to die intestate, or any contract not to revoke a will or devise.

This Will is revocable at any time at my sole discretion.

Partial Invalidity

If one or more of the provisions of this Will, or the application of

any provision to any beneficiary or circumstance, is held invalid,

unenforceable, or illegal in any respect, the remainder of this Will, and

the application of the provision to the other beneficiaries or

circumstances, shall remain valid and in full force and effect as if the

invalid portion had not been included.

Law Governing Will

This Will has been executed in the State of Texas and is to be

interpreted under, and construed in accordance with, the law of Texas.

Furthermore, Texas law shall control the validity of the provisions

contained in this Will.

THIS I MAKE AND PUBLISH as my Last Will and Testament,

hereunto subscribing my name in the presence of ______________________

and _________________________________, who have, at my request and in

my presence and in the presence of each other, also subscribed their

names hereto as attesting witnesses on this _______ day of _____________,

2005.

____________________________

(Name)

ATTESTATION CLAUSE

We certify that this instrument consisting of ten (10) pages,

including the signature pages, was in our presence signed, sealed,

published and declared by ________________________________________ to be

his/her Will. We, at his/her request and in his/her presence and in the

presence of each other, have hereunto subscribed our names as

witnesses on this _______ day of __________________________, 2005, and at

such time we believed him/her to be of sound mind and memory.

_____________________________ _____________________________

Printed Name:_______________ Printed Name:_______________

Witness 1 Witness 2

Address: ___________________ Address: ___________________

_____________________________ _____________________________

_________________, TX _______ _________________, TX _______

SELF-PROVING AFFIDAVIT

STATE OF TEXAS *

COUNTY OF ___________ *

BEFORE ME, the undersigned authority, on this day personally

appeared ____________________________, ________________________________,

and ______________________________, known to me to be the Testator and

the Witnesses, respectively, whose names are subscribed to the annexed

or foregoing instrument in their respective capacities, and, all of the said

persons having been by me duly sworn, the said _______________________,

Testator, declared to me and to the said Witnesses in my presence that

this said instrument is his/her Last Will and Testament and that he/she

had willingly made and executed it as his/her free act and deed for the

purposes therein expressed and that he/she had requested the aforesaid

Witnesses to sign as attesting Witnesses thereto. The said Witnesses,

each on oath, stated to me, in the presence and hearing of the Testator,

that the said Testator had declared to them that said instrument is

his/her Last Will and Testament, and that he/she executed the same as

such and wanted each of them to sign it as a Witness; and upon their

respective oaths, each Witness stated further that they did sign the same

as Witnesses in the presence of the said Testator and at his/her request

and in the presence of each other; that said Testator was at that time

eighteen years of age or over and was of sound mind, and that each of

the said Witnesses was then at least fourteen years of age or over.

_____________________________

(Name)

Testator

______________________

Witness

______________________

Witness

SUBSCRIBED AND SWORN BEFORE ME by the said

___________________________________, Testator, and subscribed and sworn

to before me by the said _____________________________________ and

___________________________________, Witnesses, on this the _______ day

of __________________, 2005.

(SEAL)

_____________________________

Notary Public in and for the

State of Texas