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 declarethis to be myLast Will and

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

ARTICLE 1: BACKGROUND

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

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

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

1.2My (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 anychild subsequentlyborn to or adopted by

me.

(Or)

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

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

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

child subsequently born to or adopted by me

(Or)

1.4I have no Descendants.

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

naturallybornchildrenand legallyadopted 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

2.1I request that my Executor make arrangements for funeral servicesto be

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

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

2.2I request that myExecutor make arrangements for myremains be buried at (insert

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

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

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

memorial).

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

estate.

ARTICLE 3:DEBTS & EXPENSES

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

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

similar taxes payable with respectto propertyincluded in myprobate estate, including any

interest or penalties thereon, shall be paidout of myestate 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

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

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

of my death along with allinsurance policiesupon my home, to (insert full name and

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

encumbrances.

(And/Or)

4.2I give and deviseany interest which I mayhave in anyother real estate, including

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

me at the time ofmy death, along withallinsurance policies upon such real property, to (insert

full name and relationship of each beneficiary)per stirpessubject to anyloans, mortgages or

other encumbrances.

ARTICLE 5:PERSONAL PROPERTY

5.1I give all of mytangible personal propertyowned 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)

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

(insert detailed description of personal property)owned byme at the time of mydeath, along

with allinsurance policies upon such personal property, to (insert the name and relationshipof

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

(Or)

5.3I have attached a letter to this Will signed byme 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 legallybinding upon myExecutor,

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

5.4The reasonable costs of delivering such propertyshall be paid bymyExecutor as

an expense of my estate.

ARTICLE 6:CASH, BANK ACCOUNTS, INVESTMENTS

6.1I 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)

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

the following checking, savings, certificates of deposit or otherbank 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

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

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

as well as anylapsed or void legacyor deviseunder this Will, that Iown or am in any manner

entitled at the time of my death (collectivelyreferred to as my “residuaryestate”) to (insert the

name and relationship of each beneficiary)per stirpesto be dividedamong them as follows:

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

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

determine.

7.2If there should be noliving beneficiary under the above provisions to receive the

assets in myresiduaryestate, then myresiduary estate shallbe 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

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

beneficiary under (18, 21, (25, ????)years of age at thetime suchdistribution is to be made,

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

myTrustee, or if Ihave not named a Trustee, by myExecutor in the capacityof a Trustee, upon

the following terms and conditions.

(Or)

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

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

beneficiarybut shall instead be held in trust bymy Trustee, or if Ihave not named a Trustee, by

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

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

beneficiaryin a separate trust and shall distribute to or for the benefit of the beneficiaryso much

or all of thenet income or principalthereof as the Trustee, inthe Trustee’s sole discretion, shall

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

taking into consideration anyother resources available to such beneficiary.Anynet income not

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

administered and disposed of as a part thereof.

8.4When 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 remainingprincipal and income to such beneficiary. Notwithstanding

anyprovision herein to the contrary, myTrustee maydetermine itis in the best interests of the

beneficiary to terminate the trust prior to such beneficiaryreaching (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.

8.5If such beneficiarydiesbefore 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 anysuch Descendant is a beneficiaryof another trust

under this Will, such propertyotherwise distributable to such beneficiaryshall be held in

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

the beneficiaries of myresiduary 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

9.1Any property, assets orother 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 bymyTrustee, or if Ihave not named a

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

9.2The Trustee shall hold, manage, investand reinvest suchtrust 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, maydeem necessary or

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

benefits such beneficiaryotherwise receives ormayreceive as aresult of anyhandicap or

disabilityfromanylocal, state or federal government or agencies, or from any private agencies,

anyof which provides services or benefits to handicapped persons. Anyincome not paid outor

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

9.3My primarydesire is that this trust provide such beneficiarywith a higher quality

of life than that providedbyentitlement and otherassistance programs, and that such beneficiary

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

handicap or disabilityfrom anylocal, state or federal government or agency,or from anyprivate

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

be guided bythis consideration in determining the amounts to be distributed to such beneficiary

hereunder, and anytrust distributions will supplement, rather than supplant, anybenefits which

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

into consideration the applicable resource andincome limitations ofany public and private

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

whether to make anydiscretionary distributions hereunder, and shall undertake a comprehensive

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

9.4In the event theTrustee is requested byany department or agencytorelease

principal or income of this trust to or on behalf of mychild, 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 byanydepartment or agency administeringsuch 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 denysuch 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.

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

providing such beneficiarywith 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 frequencyof distributions from the trust to

or for the benefit of such beneficiaryto reflect anychanges in mychild’s physical and mental

development.

9.6The Trustee mayalso distribute to such beneficiarythat 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 beneficiaryover such propertyto be in the

beneficiary’s best interest. The Trustee shall carefullyconsider 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.

9.7If such beneficiary dies before receiving all of the assets held in 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 anysuch Descendant is a beneficiaryof another trust

under this Will, such propertyotherwise distributable to such beneficiaryshall be held in

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

the beneficiaries of myresiduary 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 10:AVOIDANCE OF CONSERVATORSHIP

10.1If anypropertyof my estate vests in absolute ownership in a minor or

incompetent, my Executor, at anytime and without court authorization, may: distribute the

whole or any part of such property to the beneficiary; or hold such propertyin trust and use the

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whole or anypart for the health, education, maintenance andsupport of the beneficiary; or

distribute the whole or anypart to a guardian, conservator, committee or other legal

representative of the beneficiary, or to a custodian for the beneficiary under anygifts or transfers

to minors act, or to the person or persons with whom the beneficiaryresides. Evidence of any

such distribution or the receipt therefor executed by the person to whom the distribution is made

shall be a full discharge of my Executor from any liability with respect thereto, even though my

Executor may be such person.

10.2If such beneficiarydies before receiving all of the assets held inconservancy, 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. If I have noliving Descendant, suchproperty shall be distributed to the beneficiaries

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

entitled thereto under the laws of descent and distribution of the State of Georgia if Ihad died

intestate at that time owning such property in fee simple.

ARTICLE 11:SPENDTHRIFT PROVISION

11.1The interest of anybeneficiaryof any trust created under this Will shall not be

transferred, assigned or conveyed and shall notbe subject to the claims of any creditors of such

beneficiary, or of anylocal, state or federal government or agency, or of anyprivate agencies,

and the Trustee shall continue distributing trust propertydirectly toor for the benefit of such

beneficiaryas providedfor herein notwithstanding anytransfer, assignment, conveyance or

action bycreditors governments or agencies. If the Trustee is prevented by any transfer,

assignment or conveyance or by anyproceeding brought by anycreditor, government or agency

or byany bankruptcy, receivership or other proceeding, from distributing property directlyto or

for the benefit of anybeneficiary, the Trustee shall hold and accumulate the propertywhich

would otherwise have been distributed until the Trustee is able to distribute such property

directly to or for the benefit of such beneficiary, or until the death of such beneficiary, whichever

first occurs; and on thedeath of such beneficiary any such propertyso held and accumulated

shall become a part of the principal of the trust and shall be disposed of accordingly.

ARTICLE 12:APPOINTMENT OF EXECUTOR/TRUSTEE

12.1I appoint (insert full name and relationship of Executor) to serve as the Executor

of this Will, and if myExecutor is unwilling or unable to serve, Iappoint(insert full name and

relationship of Successor Executor) to serve as the Successor Executor of this Will.

(Or)

12.2I appoint (insert fullname and relationship of Co-Executor)and (insert full

name and relationship of Co-Executor), to serve as Co-Executors of this Will, and if either of

them is unable or unwilling to serve, the remaining Co-Executor shall continue to serve as sole

successor Executor hereunder.I request that my Co-Executors make every reasonable effort to

make their decisions unanimously, however, in the event theyare unable to do so, (insert full

name and relationship of Executor or other decision maker)shall have the ultimate decision

making authority.

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(And/Or)

12.3I do not want (insert full name and relationship)to serve as myExecutor under

any circumstances.

12.4I appoint (insert full name and relationship of Trustee) to serve as Trustee of any

trust created under this Will, and if my Trustee is unwilling or unable to serve, I appoint(insert

full name and relationship of Successor Trustee) to serve as the Successor Trustee of any trust

created under this Will.

(Or)

12.5I appoint (insert full name and relationship of Co-Trustee)and (insert full name

and relationship of Co-Trustee), as Co-Trustees of any trust created under this Will, and if

either of them isunwilling or unable to serve, the remaining Co-Trustee to continue toserve as

sole successor Trustee hereunder.I request my Co-Trustees make every reasonable effort to

make their decisions unanimously, however, in the event theyare unable to do so, (insert full

name and relationship of decision maker) shall have the ultimate decision making authority.

(And/Or)

12.6I do not want (insert full name and relationship)to serve asmyTrustee under

any circumstances.

ARTICLE 13:BONDS/AUDITS NOT REQUIRED

13.1The term “Fiduciary” shall mean anyExecutor, Trustee or successor qualifying

and serving under this Will.

13.2No Fiduciaryshall be required to file or furnish any bond,surety orother security

in anyjurisdiction, nor shall anyFiduciary hereunder be required to file anyinventoryor other

reports with any court.

13.3No Fiduciary shall be required to inquire into or audit the acts or doings of any

predecessor Fiduciary or to make claim against any such predecessor or their estate.

ARTICLE 14:POWERS OF EXECUTORS/TRUSTEES

14.1Any Executor or Trustee serving under this Will shall be a Fiduciarygranted all

of the powers conferred byO.C.G.A. §§53-12-261 and 263, as amended.

14.2Any successor Fiduciaryshall have and may exercise all of the powers, privileges,

immunities and exemptions conferred upon the predecessor Fiduciaryas fullyand to the same

extent as if such successor had originallybeen named as a Fiduciary. Any Fiduciaryserving

hereunder shall keep full accounts and shall makeand furnish statements of all receipts and

disbursements at least annuallyto each person then eligible toreceive income from my estate or

anytrust created hereunder and shall at any time, upon reasonable request of suchperson,

provide full information to such person as to the condition of myestate, including amounts

received and disbursements made.

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14.3Any Fiduciary under this Will mayresign without the order of any officer or court

and without consent of any beneficiaryof anyprovision of this Will bygiving such Fiduciary’s

successor and all persons then entitled to receive income hereunder, orthe guardians of such

persons, thirty(30) days advance written notice of such intent to resign..at anytime resign by

instrument in writing signed bysuch Executor or Trustee and delivered to the persons then

entitled to the income from myestate or such trust. In the case of an Executor, the Fiduciary

must also give notice to the Court having jurisdiction over the administration of myestate; and

upon properly accounting for all estate property received and disbursed, shall be discharged from

anyand all further liabilities. In the case of a Trustee, theFiduciary mustdeliver the trust

property to the successor Trusteeand upon properly accounting foralltrust propertyreceived

and disbursed, shall be discharged from any and all further liabilities

14.4If a successor Fiduciary is unable or unwilling to serve, they may appoint a

second successor Fiduciary to serve in theirplace, bysending a signed instrument appointing a

successor delivered to each living beneficiaryunder myWill making express reference to this

power and thesecond successor Fiduciary may exercise powers upon a prospective and

contingent basis until effective.

ARTICLE 15:SURVIVORSHIP

15.1I direct that, for purposes of this Will, a beneficiary shall be deemed to predecease

me unless such beneficiary survives me by more than thirty (30) days.

ARTICLE 16:YEAR’S SUPPORT

16.1The provisions made in this Will for my(insert full name of spouse and minor

children or if none, delete Article inits entirety)are in lieu of Year’s Support; provided,

however, if my spouse is the sole beneficiary of this Will, this provision shall be null and void.

ARTICLE 17:APPOINTMENT OF GUARDIAN/CONSERVATOR

17.1I appoint (insert full name and relationship of Guardian), to serve as the

guardian of myminor children and if such guardian fails to qualify or isunwilling or unable to

serve; I appoint (insert full name and relationship of Successor Guardian)to serve as the

successor guardian of my minor children. No guardian shall be required to file or furnish bond,

surety or other security in any jurisdiction.

(And/Or)

17.2I appoint (insert full name and relationship of Conservator), to serve as the

conservator for my minor children and if such conservator fails to qualify or is unable or

unwilling to serve I appoint (insert full name and relationship of Successor Guardian)to serve

as the successor conservator of my minor children.No conservator shall be required to file or

furnish bond, surety or other security in any jurisdiction.

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ARTICLE 18:DISINHERITANCE

18.1I have intentionally omitted to provide for and specificallydirect that under no

circumstances shall any property, part, share or interest of my estate vest in, or be taken by

(insert full name of disinherited person)including(optional: their respective spouses and

children, heirs and assigns).Igenerallyand specifically disinherit each and every person

identified within this Article, regardless of whether theyclaiming to be or are aybe lawfully

determined to be my heirs at law, notwithstanding anything to the contrary in this Will.

ARTICLE 19:CONTESTS DISALLOWED

19.1Should anybeneficiaryaccept for(insert fullname of spouse)contest or initiate

proceedings to contest the validity of this Will or to prevent anyprovision herein from being

carried out in accordance with its terms (whether or not in good faith and with probable cause),

then all the benefits provided for such contestingbeneficiaryinthis Will (optional: including

their Descendants) are revoked and annulled.

19.2The share to which such contesting beneficiarywould otherwise have been

entitled shall be distributed to such persons and in such manner as if such contesting beneficiary

and all of such beneficiary’s Descendants had died immediatelyprior to such division without

exercising any power of appointment which they might otherwise have under this Will.

19.3If all of the persons who are beneficiaries of this Will join in such contest or

proceeding, myestate shall be distributed to anythose persons who arenot contesting

beneficiaries and who would otherwise 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.

IN WITNESS WHEREOF, I have set myhand and seal this (insert date of execution)

day of (insert month of execution), 2012.

(SEAL)

(insert Testator’s full name), (Testator/Testatrix)

TESTATION CLAUSE

The foregoing instrument was signed, sealed, published and declared by(insert full name

of Testator/Testatrix),the above-named (Testator/Testatrix)to be such (Testator’s/Testatrix’s)

Last Will and Testament in our presence, all being present at the same time, and we, at such

(Testator’s/Testatrix’s)request andin such (Testator’s/Testatrix’s)presence and in the presence

of each other, have subscribed our names as witnesses on the date above written.

(insert name of witness), Witness

(insert address of witness)

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SELF PROVING AFFIDAVIT

STATE OF GEORGIA

COUNTY OF (insert County where Will is signed)

Before me, the undersigned authority, onthis daypersonally appeared the

Testator/Testatrix, (insert full name of Testator),and the witnesses, (insert full name of

witness)and (insert full name of witness), whose names are subscribed to the annexed or

foregoing instrument in their respective capacities, and all of said individuals being duly sworn,

the (Testator/Testatrix), declared to me and to the witnesses in my presence that said instrument

is the Last Will and Testament of the (Testator/Testatrix)and that the (Testator/Testatrix)had

willingly made and executed itas the (Testator’s/Testatrix’s)free act and deed for the purposes

expressed therein. The witnesses, each on oath, stated to me in the presence and hearing of the

(Testator/Testatrix)that the (Testator/Testatrix)had declared to them that the instrument is the

(Testator’s/Testatrix’s)Last Will and Testamentand that the (Testator/Testatrix)executed the

instrument as such and wished each of them to sign it as a witness; and under oath each witness

stated further that the witnesses had signed the same as witness in the presence of the

(Testator/Testatrix)and at the (Testator’s/Testatrix’s)request; that the(Testator/Testatrix)was

fourteen (14)years of age or over and of soundmind; and that each of the witnesses was then at

least fourteen (14) years of age.

(SEAL)

(insert full name of Testator), (Testator/Testatrix)

(insert full name of witness), Witness

Sworn to and subscribed before me bythe(Testator/Testatrix), (insert full name of

Testator)and the witnesses, (insert full name of witness)and (insert full name of witness), this

(insert date of execution) day of (insert month of execution), 2012.

(insert name of notary public), Notary Public

[NOTARY SEAL OR STAMP]