Fillable Printable Last Will and Testament Form - Georgia

Last Will and Testament Form - Georgia

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LAST WILL AND TESTAMENT OF

(Insert full name of Testator/Testatrix)

[Master Will Form – Updated 4/18/12]

[Complete, edit or delete all (italics) as applicable].

[Delete or edit any Articles, sentences, or phrases which do not apply]

I, (insert full name of Testator/Testatrix), a resident of (insert county of residence),

County, within the State of Georgia, make, publish and declare this to be my Last Will and

Testament, revoking all Wills and Codicils previously made by me.

ARTICLE 1: BACKGROUND

1.1 I am married to (insert full name of spouse), divorced from, (insert full name of

ex-spouse); separated from, (insert full name of spouse); widowed from, (insert full name of

dead spouse); engaged to, (insert full name of fiancé), or not married.

1.2 My (spouse/former spouse) and I have (insert # children in text) (insert #

children in numerals) children. The names and birth dates of each of our children are: (insert

full name of each child and their birth date). All references in this Will to my “child” or

“children” are to these named children as well as any child subsequently born to or adopted by

me.

(Or)

1.3 I have (insert # children in text) (insert # children in numerals) children. The

names and birth dates of each of my children are: (insert full name of each child and their birth

date). All references in this Will to my “child” or “children” are to these children as well as any

child subsequently born to or adopted by me

(Or)

1.4 I have no Descendants.

1.5 All references in this Will to the Descendants of any person shall mean their

naturally born children and legally adopted children less than 18 years of age (unless indicated

otherwise) as well as any of their children’s naturally born children and legally adopted children

less than 18 years of age throughout the generations to come.

ARTICLE 2: BURIAL

2.1 I request that my Executor make arrangements for funeral services to be

conducted at (insert name and location of funeral home) followed by a memorial service to be

held at (insert location and description of memorial service).

2.2 I request that my Executor make arrangements for my remains be buried at (insert

name of cemetery or burial site); cremated with the ashes given to (insert full name of

individuals to receive ashes); cremated with the ashes deposited at (insert place where ashes

should be deposited); with a suitable memorial erected at (insert description and location for

memorial).

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2.3 All costs and expenses associated with these requests shall be paid from my

estate.

ARTICLE 3: DEBTS & EXPENSES

3.1 I direct that all of my due and payable debts, including funeral, memorial and

burial expenses, the expenses of the administration of my estate, all estate, inheritance and

similar taxes payable with respect to property included in my probate estate, including any

interest or penalties thereon, shall be paid out of my estate in accordance with the laws of the

State of Georgia, without apportionment or right of reimbursement from any beneficiary under

my Will.

ARTICLE 4: REAL PROPERTY

4.1 I give and devise any interest which I may have in my home, including the real

property and improvements located at (insert address of the residence) owned by me at the time

of my death along with all insurance policies upon my home, to (insert full name and

relationship of each beneficiary), per stirpes subject to any loans, mortgages or other

encumbrances.

(And/Or)

4.2 I give and devise any interest which I may have in any other real estate, including

the real property and improvements located at (insert address of any other property) owned by

me at the time of my death, along with all insurance policies upon such real property, to (insert

full name and relationship of each beneficiary) per stirpes subject to any loans, mortgages or

other encumbrances.

ARTICLE 5: PERSONAL PROPERTY

5.1 I give all of my tangible personal property owned by me at the time of my death,

including, without limitation, personal effects, clothing, jewelry, furniture, furnishings,

household goods, automobiles and other vehicles, along with all insurance policies upon such

tangible personal property to (insert the name and relationship of each beneficiary) per stirpes

to be divided among them as they shall agree, or if they cannot agree within sixty (60) days, or if

any of them shall be under the age of eighteen (18) years, as my Executor shall determine.

(Or)

5.2 I give and devise any interest which I may have in the following personal property

(insert detailed description of personal property) owned by me at the time of my death, along

with all insurance policies upon such personal property, to (insert the name and relationship of

each beneficiary) per stirpes subject to any loans, security interests, or other encumbrances.

(Or)

5.3 I have attached a letter to this Will signed by me and identifying certain personal

property which is to be given to the persons named therein, and I direct my Executor to distribute

such property in accordance with the terms and provisions such letter. I understand that any such

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letter executed after the signing of this Will may not be legally binding upon my Executor,

however, I request that my Executor honor my wishes as expressed in such letter.

5.4 The reasonable costs of delivering such property shall be paid by my Executor as

an expense of my estate.

ARTICLE 6: CASH, BANK ACCOUNTS, INVESTMENTS

6.1 I give and devise any cash, checks, notes or promissory notes that may belong to

me at the time of my death to (insert the name and relationship of each beneficiary) per stirpes.

(And/Or)

6.2 I give and devise any interest which may belong to me at the time of my death in

the following checking, savings, certificates of deposit or other bank accounts, including (insert

the account type and number) held by (insert the name of the bank or investment firm) to

(insert the name and relationship of each beneficiary) per stirpes.

ARTICLE 7: RESIDUARY ESTATE

7.1 I give all the rest, residue and remainder of my property and estate, both real and

personal, of whatever kind and wherever located, including any inheritance I may be entitled to

as well as any lapsed or void legacy or devise under this Will, that I own or am in any manner

entitled at the time of my death (collectively referred to as my “residuary estate”) to (insert the

name and relationship of each beneficiary) per stirpes to be divided among them as follows:

(insert method of distribution) (Or), as they shall agree, or if they cannot agree within sixty (60)

days, or if any of them shall be under the age of eighteen (18) years, as my Executor shall

determine.

7.2 If there should be no living beneficiary under the above provisions to receive the

assets in my residuary estate, then my residuary estate shall be distributed to the persons who

would be entitled thereto under the laws of descent and distribution of the laws of the State of

Georgia if I had died intestate at that time owning such property in fee simple.

ARTICLE 8: TESTAMENTARY TRUST

8.1 Any property, assets or other distributions from my estate intended for a

beneficiary under (18, 21, (25, ????) years of age at the time such distribution is to be made,

shall not be paid or distributed outright to such beneficiary but shall instead be held in trust by

my Trustee, or if I have not named a Trustee, by my Executor in the capacity of a Trustee, upon

the following terms and conditions.

(Or)

8.2 Any property, assets or other distributions from my estate intended for (insert

name and relationship of beneficiary) shall not be paid or distributed outright to such

beneficiary but shall instead be held in trust by my Trustee, or if I have not named a Trustee, by

my Executor in the capacity of a Trustee, upon the following terms and conditions.

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8.3 The Trustee shall hold, manage, invest and reinvest the property of such

beneficiary in a separate trust and shall distribute to or for the benefit of the beneficiary so much

or all of the net income or principal thereof as the Trustee, in the Trustee’s sole discretion, shall

deem necessary to provide for such beneficiary’s health, education, maintenance and support,

taking into consideration any other resources available to such beneficiary. Any net income not

so paid shall be accumulated and added to principal at least annually and thereafter shall be held,

administered and disposed of as a part thereof.

8.4 When such beneficiary reaches (21, 25, ????) years of age, the Trustee shall

distribute one-half (1/2) of the assets then held in trust to such beneficiary; and if and when such

beneficiary reaches (25, 28, ?????), years of age, the Trust shall automatically terminate and the

Trustee shall distribute all remaining principal and income to such beneficiary. Notwithstanding

any provision herein to the contrary, my Trustee may determine it is in the best interests of the

beneficiary to terminate the trust prior to such beneficiary reaching (21, 25, 28, ????), years of

age and distribute all trust assets directly to such beneficiary or into a custodial account

established for such beneficiary, and my Trustee shall have no liability therefore.

8.5 If such beneficiary dies before receiving all of the assets in his or her trust, the

principal and income in such beneficiary’s trust shall be paid and distributed to such

beneficiary’s living Descendants, per stirpes, if any; and if none, then to my living Descendants,

per stirpes, provided, however, that if any such Descendant is a beneficiary of another trust

under this Will, such property otherwise distributable to such beneficiary shall be held in

accordance with such trust. If I have no living Descendant, such property shall be distributed to

the beneficiaries of my residuary estate as provided in this Will, or if there are none, to the

persons who would be entitled thereto under the laws of descent and distribution of the State of

Georgia if I had died intestate at that time owning such property in fee simple.

ARTICLE 9: SPECIAL NEEDS TRUST

9.1 Any property, assets or other distributions from my estate intended for (insert

name and relationship of special needs beneficiary) shall not be paid or distributed outright to

such beneficiary but shall instead be held in trust by my Trustee, or if I have not named a

Trustee, by my Executor in the capacity of a Trustee, upon the following terms and conditions.

9.2 The Trustee shall hold, manage, invest and reinvest such trust property, and may

distribute to or for the benefit of the beneficiary so much or all of the net income or principal

thereof as the Trustee, in the Trustee’s sole and absolute discretion may, may deem necessary or

advisable, taking into consideration all factors the Trustee deems pertinent, including any

benefits such beneficiary otherwise receives or may receive as a result of any handicap or

disability from any local, state or federal government or agencies, or from any private agencies,

any of which provides services or benefits to handicapped persons. Any income not paid out or

used currently shall be accumulated and added to the principal of the trust.

9.3 My primary desire is that this trust provide such beneficiary with a higher quality

of life than that provided by entitlement and other assistance programs, and that such beneficiary

receive distributions from this trust in addition to any benefits received as a result of any

handicap or disability from any local, state or federal government or agency, or from any private

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agencies, any of which provides services or benefits to handicapped persons. The Trustee shall

be guided by this consideration in determining the amounts to be distributed to such beneficiary

hereunder, and any trust distributions will supplement, rather than supplant, any benefits which

such beneficiary receives or may receive from any government or agency. The Trustee shall take

into consideration the applicable resource and income limitations of any public and private

entitlement and assistance programs for which such beneficiary is or may be eligible in deciding

whether to make any discretionary distributions hereunder, and shall undertake a comprehensive

annual review of any such programs for which such beneficiary is or may be eligible.

9.4 In the event the Trustee is requested by any department or agency to release

principal or income of this trust to or on behalf of my child, to pay for equipment, medication or

services that any such organizations or agencies are authorized to provide, or in the event the

Trustee is requested by any department or agency administering such benefits to petition a court

or any other administrative agency for the release of trust principal or income for this purpose,

the Trustee is authorized to deny such request and is authorized to defend, at the expense of this

trust, any challenge or other attack of any nature on the assets in this trust.

9.5 The Trustee shall consult periodically with those persons or institutions, if any,

providing such beneficiary with professional or personal services, including, but not limited to,

health care, developmental, therapeutic and educational services, regarding such beneficiary’s

development and capabilities. Such periodic consultations shall form the basis for any

adjustments which need be made in the amount and frequency of distributions from the trust to

or for the benefit of such beneficiary to reflect any changes in my child’s physical and mental

development.

9.6 The Trustee may also distribute to such beneficiary that portion of the principal

which the Trustee believes the beneficiary is capable of managing outside the trust, if the Trustee

deems such an exercise of management powers by the beneficiary over such property to be in the

beneficiary’s best interest. The Trustee shall carefully consider the effect of any distribution

hereunder on the beneficiary’s eligibility for local, state or federal entitlement and assistance

programs which provide services or benefits to handicapped persons.

9.7 If such beneficiary dies before receiving all of the assets held in trust, the