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Last Will and Testament - Married with Children

This Last Will and Testament template is for married individuals with children, ensuring their assets are distributed according to their wishes and providing for the guardianship of their minor children. It is used to legally document one's final wishes regarding their estate.

Updated 15d ago
Last WillTestamentEstate PlanningMarriedChildrenGuardianshipLegal DocumentSuccession

Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

LAST WILL AND TESTAMENT

I, {{testator_full_name}}, of {{testator_address}}, being of sound mind and memory, do hereby make, publish, and declare this to be my Last Will and Testament, hereby revoking any and all former Wills and Codicils made by me.

ARTICLE I: DECLARATION OF FAMILY

I am married to {{spouse_full_name}}, hereinafter referred to as 'my Spouse'. We have {{number_of_children}} children, whose names and dates of birth are as follows:

1. {{child_1_full_name}}, born {{child_1_dob}}

2. {{child_2_full_name}}, born {{child_2_dob}}

3. {{child_3_full_name}}, born {{child_3_dob}}

(Add more as needed)

ARTICLE II: APPOINTMENT OF EXECUTOR

I nominate and appoint my Spouse, {{spouse_full_name}}, as the Executor of this my Last Will and Testament. If my Spouse is unable or unwilling to serve, or ceases to serve for any reason, then I nominate and appoint {{alternate_executor_full_name}}, of {{alternate_executor_address}}, as my Alternate Executor.

My Executor shall have full power to sell, lease, mortgage, or otherwise deal with any property, real or personal, of my estate, without court order and without bond.

ARTICLE III: APPOINTMENT OF GUARDIAN

In the event that my Spouse does not survive me, and my children are still minors, I nominate and appoint {{guardian_full_name}}, of {{guardian_address}}, as the Guardian of the person and estate of my minor children. If {{guardian_full_name}} is unable or unwilling to serve, or ceases to serve for any reason, then I nominate and appoint {{alternate_guardian_full_name}}, of {{alternate_guardian_address}}, as my Alternate Guardian.

ARTICLE IV: DISTRIBUTION OF ASSETS

A. **Specific Bequests:** I give, devise, and bequeath the following specific items of personal property to the persons named:

1. To {{beneficiary_1_full_name}}, my {{specific_item_1_description}}.

2. To {{beneficiary_2_full_name}}, my {{specific_item_2_description}}.

B. **Residuary Estate:** All the rest, residue, and remainder of my estate, both real and personal, wherever situated, I give, devise, and bequeath to my Spouse, {{spouse_full_name}}.

C. **Contingent Beneficiaries:** If my Spouse does not survive me, then I give, devise, and bequeath my residuary estate to my children, in equal shares, per stirpes. If any of my children do not survive me, their share shall pass to their direct descendants, per stirpes.

ARTICLE V: DEBTS AND EXPENSES

I direct my Executor to pay all my just debts, funeral expenses, and expenses of administration of my estate as soon after my death as practicable.

ARTICLE VI: TESTAMENTARY TRUST FOR MINOR CHILDREN (OPTIONAL)

If any of my children are under the age of {{trust_age}} at the time of my death and my Spouse does not survive me, their share of my estate shall be held in trust by {{trustee_full_name}} as Trustee, to be administered for their benefit until they reach the age of {{trust_age}}. The Trustee shall have full power and discretion to use the principal and income of the trust for the health, education, maintenance, and support of such child.

ARTICLE VII: NO CONTEST CLAUSE

If any beneficiary under this Will, directly or indirectly, contests or attacks this Will or any of its provisions, any share or interest in my estate given to that beneficiary shall be revoked and shall instead be distributed as if that beneficiary had predeceased me without issue.

SIGNATURE

IN WITNESS WHEREOF, I have hereunto set my hand and seal this {{day}} day of {{month}}, {{year}}.

_____________________________

{{testator_full_name}} (Testator)

Signed, sealed, published, and declared by {{testator_full_name}}, the above-named Testator, as and for {{his_her}} Last Will and Testament, in the presence of us, who, at {{his_her}} request, in {{his_her}} presence, and in the presence of each other, have hereunto subscribed our names as witnesses this {{day}} day of {{month}}, {{year}}.

_____________________________

Witness 1 Full Name: {{witness_1_full_name}}

Address: {{witness_1_address}}

_____________________________

Witness 2 Full Name: {{witness_2_full_name}}

Address: {{witness_2_address}}

_____________________________

Witness 3 Full Name: {{witness_3_full_name}}

Address: {{witness_3_address}}

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