Last Will and Testament - Married with Children

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Last Will and Testament - Married with Children

Last Will and Testament - Married with Children

Preamble

I, {{full_name}}, of {{residential_address}}, declare this to be my last Will and Testament, revoking all previous wills and codicils made by me. I am married to {{spouse_full_name}}, and we have the following children: {{child_1_full_name}} (born {{child_1_dob}}), {{child_2_full_name}} (born {{child_2_dob}}).

Appointment of Executor(s)

I hereby nominate, constitute and appoint {{executor_full_name}} of {{executor_address}} (hereinafter referred to as "the Executor") as the Executor of my estate. Should {{executor_full_name}} for any reason be unwilling or unable to act, I appoint {{alternate_executor_full_name}} of {{alternate_executor_address}} as alternate Executor. The Executor shall not be required to furnish security. Should more than one Executor be appointed, they shall act jointly.

The Executor shall have the power to perform all acts, deeds, and things necessary for the due and proper administration of my estate, including the power to sell any assets of my estate by public auction or private treaty, without the necessity of obtaining the consent of any beneficiary.

Specific Bequests

I give and bequeath the following specific assets to the named beneficiaries:

- To my spouse, {{spouse_full_name}}, I bequeath {{specific_asset_1_description}}.

- To my child, {{child_1_full_name}}, I bequeath {{specific_asset_2_description}}.

- To my child, {{child_2_full_name}}, I bequeath {{specific_asset_asset_3_description}}.

Residue of Estate

I give, devise and bequeath the whole of the residue of my estate, whether movable or immovable, found or existing wherever situate, subject to the provisions of this Will, to my spouse, {{spouse_full_name}}. Should my spouse predecease me, or should we die simultaneously or within thirty (30) days of each other, then the residue of my estate shall devolve upon my children, {{child_1_full_name}} and {{child_2_full_name}}, in equal shares, and should any of my children predecease me, their share shall devolve upon their lawful issue by representation per stirpes.

Guardianship (for Minor Children)

I appoint {{guardian_full_name}} of {{guardian_address}} as the guardian of my minor children, {{child_1_full_name}} and {{child_2_full_name}}, until they attain the age of majority. Should {{guardian_full_name}} for any reason be unwilling or unable to act, I appoint {{alternate_guardian_full_name}} of {{alternate_guardian_address}} as alternate guardian.

The appointed guardian shall have all powers, rights and responsibilities that a parent would have in respect of my minor children, including the power to make decisions regarding their education, health and general welfare.

Further Provisions

I direct that all death duties, estate duty, and other taxes payable in respect of my estate, or any part thereof, shall be paid out of the residue of my estate.

I declare that any beneficiary under this Will who is indebted to me at the time of my death shall have the amount of such indebtedness set off against any benefit accruing to him or her under this Will.

Attestation

IN WITNESS WHEREOF, I have hereunto set my hand at {{place_of_signing}} on this {{day_of_signing}} day of {{month_of_signing}}, {{year_of_signing}}, in the presence of the undersigned witnesses, all being present at the same time and signing in my presence and in the presence of each other.