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VIRGINIA LAST WILL AND TESTAMENT OF (name) (name),

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VIRGINIA LAST WILL AND
TESTAMENT OF
(name)
of
Will.
I,
(name), presently residing at
(address) and a resident
(county name) County, State of
Virginia, declare this to be my
ARTICLE I
REVOCATION OF PRIOR WILLS
I revoke all Wills and Codicils previously made by me.
ARTICLE II
DECLARATIONS
I (am/am not) married.
(Complete if applicable) My spouse's name is
__________________
(spouse s
name) and that all references in this Will to "my (wife/husband)" or to
"my spouse" are to (him/her).
(Complete if applicable I have (number of children) living children,
whose names and dates of birth are: (list children s names and birth dates)
1
.
I have no other living children and no issue of deceased children.
ARTICLE III
DISPOSITION OF ESTATE
I bequeath my entire estate, of whatever kind of property and wherever situated,
to the following beneficiaries:
FIRST BENEFICIARY:
I bequeath to (name), my (relation)
presently residing at ______________________________________________(address)
the following property, or percentage of my estate:
SECOND BENEFICIARY:
I bequeath to (name), my
presently residing at
the following property, or percentage of my estate:
(relation)
(address)
THIRD BENEFICIARY:
I bequeath to (name), my
presently residing at
the following property, or percentage of my estate:
(relation)
(address)
2
ARTICLE IV
PAYMENT OF DEBTS, TAXES, AND EXPENSES
I direct my Executor to pay from my estate passing under Article III, without
adjustment among the beneficiaries thereof, all inheritance, estate, and other death taxes,
federal or state, of every kind, together with all interest and penalties thereon, if any
("death taxes"), all of my lawful debts, expenses of my funeral and last illness, and all
other obligations of my estate, including but not limited to debts and expenses of
administration that may, by reason of my death, be attributable to my probate estate,
whether domiciliary or ancillary, or any portion thereof, or to any property or transfers
of property outside of my probate estate, whether by right of survivorship, settlement of
insurance policies or otherwise; provided that proceeds payable under an otherwise
federal estate tax exempt pension, profit-sharing or any other kind of retirement plan
shall in no event be used for the payment of any death taxes or any other obligations of
my estate, including but not limited to debts and expenses.
ARTICLE V
DISTRIBUTION IF NO SURVIVORS
If none of my beneficiaries survive me, and no other disposition is directed by
this Will, then the residue of my estate, or the portion for which no other disposition is
directed, shall be distributed to my heirs at law, such heirs to be determined according to
the applicable laws of my state of residence in effect at the time of my death relating to
the intestate succession of separate property not acquired from a predeceased spouse.
3
ARTICLE VI
CUSTODIANSHIP ACCOUNTS
If any beneficiary under this Will is under the age of twenty-five (25) years at the
time title vests in him or her, then his or her share shall be retained by an individual
selected by my Executor as custodian for such minor until age twenty-five (25) under
the Uniform Transfers to Minors Act.
ARTICLE VII
DISINHERITANCE AND NO CONTEST PROVISIONS
A.
Disinheritance.
Except as otherwise provided in this Will, I have
intentionally made no provision for any child of mine, or for the issue of any deceased
child of mine, or for any other person or relative, whether claiming to be an heir of mine
or not.
B.
No Contest Provision.
If any beneficiary under this Will shall directly or
indirectly contest this Will (which shall include any Codicil hereto) or any of its
provisions, then any share or interest in my estate given to that contesting beneficiary is
revoked and shall be added to the residue of my estate, and shall be distributed to the
other beneficiaries of such residue as herein provided in the same shares and in the same
manner as if that contesting beneficiary had predeceased me without issue.
4
ARTICLE VIII
GUARDIANS FOR MINOR CHILDREN
A.
Appointment of Guardians.
If my spouse does not survive me and at my
death any of my children are under the age of eighteen (18), I nominate and appoint
(guardian’s name) as guardian of the person and estate of
any minor child of mine during minority. If (guardian’s name)
fails, for any reason, to act or to continue to act as such guardian, then I nominate and
appoint (alternate guardian’s name) as such guardian. The last
guardian in office shall have the right to appoint a successor to himself or herself as
guardian.
B.
Bond.
No bond shall be required of any guardian named in this Will.
ARTICLE IX
EXECUTORS
A.
Appointment of Executors.
I nominate and appoint
(executor’s name), presently residing at
(address)
as Executor of this Will. If (executor’s name) fails, for any
reason, t o act or to continue to act as Executor, then I nominate and appoint
________
(alternate executor’s name), presently residing at
(address)
5
as Executor. The last Executor in office shall have the right to appoint a successor to
himself or herself as Executor.
B.
Powers.
In addition to any other powers granted to my Executor by law,
my Executor is authorized to invest and reinvest my estate in common stocks and other
securities and is authorized to borrow and to sell, lease, mortgage, pledge, or otherwise
encumber any property belonging to my estate that my Executor, in his/her discretion,
deems necessary for the proper administration and distribution of my estate.
C.
Bond.
No bond shall be required of any Executor named in this Will.
ARTICLE X
MISCELLANEOUS PROVISIONS
A.
Definitions.
As used in this Will, the words "child" and "children" include
my biological and adopted children; the word "issue" means lawful descendants of all
degrees, including adoptive descendants; and the term "my Executor" shall include any
Executor or Administrator of my estate.
B.
No Contract to Make Will.
I confirm that there is no agreement between
my spouse and me as to the disposition of our estate upon the death of the second of us
to die.
C.
Shipping Expenses.
I direct that all expenses of storage (pending
distribution), packaging, shipping, insurance, delivery, and other charges incurred in
connection with the distribution and delivery of the articles of tangible personal
property described in this Will to the persons entitled to them shall be borne by my
6
estate as an expense of administration, and that my beneficiaries shall not be required to
pay for such expenses.
IN WITNESS WHEREOF, I subscribe my name on (date).
(signature)
(printed name)
7
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On the date written below, (testator s name) declared to us
that this instrument, consisting of
______
(number of pages) pages, including the page
signed by us as witnesses, was the testator s Will and requested us to act as witnesses to
it. (testator s name) thereupon signed this Will in our presence, all
of us being present at the same time. We now, at the testator s request, in the testator s
presence and in the presence of each other, subscribe our names as witnesses.
We understand that this instrument is the Will of (testator s
name). The testator appears to us to be over eighteen (18) years of age and of sound
mind. We have no knowledge of any facts indicating that this Will or any part of it was
procured by duress, menace, fraud, or undue influence.
Executed on (date), at (city),
(state). We declare under penalty of perjury under the laws of the
State of Virginia that the foregoing is true and correct.
Residing at
Residing at
8
NOTARY ACKNOWLEDGMENT
State of Virginia
) ss.
County of
)
On (date) before me,
(name and title of the officer), personally appeared
(name(s) of testator(s)), who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/
her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
Virginia
that the foregoing paragraph is true and correct. WITNESS my hand and official seal.
Signature
(Seal)
My Commission Expires:
_____________
9
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Completed 28 August 2021

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