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LAST WILL AND TESTAMENT OF __________________________
I, __________________________, presently of ________________________, Alabama, declare that this is my Last Will and Testament.
(1) Powers of Trustee
To carry out the terms of my Will, I give my Trustee the following powers to be used in his or her discretion at any time in the management of a trust created hereunder, namely:
The above authority and powers granted to my Trustee are in addition to any powers and elective rights conferred by statute or federal 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.
(2) Other Provisions
IN WITNESS WHEREOF, I have signed my name on this the ________ day of ________________, ________, at __________________________, Alabama, declaring and publishing this instrument as my Last Will, in the presence of the undersigned witnesses, who witnessed and subscribed this Last Will at my request, and in my presence._______________________________________________________ (Testator) Signature
SIGNED AND DECLARED by __________________________ on the ________ day of ________________, ________ to be the Testator's Last Will, in our presence, at __________________________, Alabama, who at the Testator's request and in the presence of the Testator and of each other, all being present at the same time, have signed our names as witnesses.
________________________Witness #1 Signature________________________Witness #1 Name (Please Print)________________________Witness #1 Street Address________________________Witness #1 City/State
________________________Witness #2 Signature________________________Witness #2 Name (Please Print)________________________Witness #2 Street Address________________________Witness #2 City/State
AFFIDAVIT
I, __________________________, the Testator, sign my name to this instrument this _____ day of ____________________, 20_______, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my Last Will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes expressed in the Last Will, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. _____________________________TestatorWe, ____________________ and ____________________, the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the Testator signs and executes this instrument as the Testator's Last Will and that the Testator signs it willingly (or willingly directs another to sign for the Testator), and that each of us, in the presence and hearing of the Testator, hereby signs this Last Will as witness to the Testator's signing, and that to the best of our knowledge the Testator is eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.
__________________________Witness #1
__________________________Witness #2
STATE OF ALABAMACOUNTY OF _____________________________Subscribed, sworn to and acknowledged before me by __________________________, the Testator, and subscribed and sworn to before me by ____________________ and ____________________, witnesses, this _____ day of ____________________, 20_______.(Seal)(Signed) ___________________________________________________________________(Official capacity of officer)
A Last Will and Testament is also known as:
A Last Will and Testament is a legal document which allows you to control how your estate will be distributed after you pass away. A Last Will also enables you to appoint a guardian for your minor children as well as provide instructions and set aside funds for the care of any pets you may have.
A Last Will and Testament should be used by anyone over the age of 18 to help avoid potential disputes or confusion regarding your estate. A Last Will is especially important for parents with minor children as it will allow you to appoint a guardian and have a say in how your children will be raised.
Creating a Last Will doesn't have to be difficult. Whether you decide to use LawDepot's online software to create your Last Will and Testament or visit a lawyer, you should be prepared to address the following:
Who is the Testator
The testator is the person whose property will be distributed upon death - that's you. Female testators are often referred to as the testatrix.
Designate a Beneficiary
A beneficiary is a person or organization who will receive a gift under your Will. Designating a beneficiary allows you to control who will receive your property after you pass away and help avoid any confusion or disputes. If you don't designate any beneficiaries, the courts will distribute your estate among your surviving family according to a pre-determined formula. In that case your friends or charities would receive nothing.
Name an Executor
An executor is the person who will administer the Will according to your written terms and is sometimes referred to as a personal representative. You should choose a trustworthy and responsible person for this important task.
Provide for Children and/or Pets
If you have children who are still minors, you should name a guardian who will be willing to care for them. You may also choose to set aside funds specifically for the care of your children or pets.
Review and Sign
If you have completed your Will, it's important to carefully review the document to make sure that it is free of errors and accurately reflects your wishes. Once you have verified the Will is accurate, it is critical that you sign the document according to the laws of your state. LawDepot will provide state-specific instructions to help you execute your Will.
A Last Will allows you to give instructions on who will get your property after your death, appoint the person who will administer your estate, and appoint a guardian for any minor children you may have. If you die without a valid Will, your property will instead be distributed by a court-appointed administrator according to a pre-determined formula (defined in state law).
Without a Will, you would not be able to give your property to a non-relative or to exclude relatives. If you have no Will and there are no relatives at the time of your death, your property will go to the state.
Any person of legal age (usually 18 years of age) may make a Last Will, although an exception may be made if you are married, in the military, or have been legally emancipated. Additionally, most states require that you must be of "sound mind" to make a valid Will which means:
You can give away most, but not all, of your property in a Last Will. Typically the following cannot be given away in a Will:
The best way to create your Last Will will depend on your personal circumstances. Since LawDepot's Last Will and Testament has been carefully drafted by lawyers and is ready to be customized with our proprietary software, LawDepot is ideal for anybody looking to create a strong, legally binding Will from the comfort of their own home.
Since Wills need to be periodically updated, LawDepot makes it easy to review your Will at any time because your work is saved when you create an account.
When choosing a guardian you should consider the following questions:
Yes, you can provide instructions to the executor (person administering your Will) to leave money for the upkeep of your pet(s) and ensure they will be cared for.
It is also a good idea to discuss any concerns regarding the care of your pets with trusted friends and family. Ideally you should also leave a spare house key with a person you trust to allow for expedient care of your pets in the case of an emergency.
Yes, you can make a gift to a charitable organization in your Will. LawDepot's questionnaire will help you accurately designate your gift to ensure that your contribution will be properly disbursed.
Yes, a Power of Attorney only lets you give another person the authority to deal with your property while you are alive. Since a Power of Attorney will automatically end upon death, a Last Will and Testament is required in order to control how your estate is distributed after death.
A Last Will is used to distribute your property after your death and cannot be used to specify what type of medical treatment you want. In contrast, a Living Will (also known as a Health Care Directive) allows you to specify your preferences for health care when you are no longer capable of giving consent yourself.
If you marry, divorce, or have a significant change in your family situation, you should update your Will to ensure it remains valid and relevant. Furthermore, since your Last Will and Testament is an important document, it should be reviewed periodically to make sure it still reflects your wishes.
Sample
Last Will and Testament
Create Your Last Will and Testament
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