Instructions
Paragraph 1a: Enter here if you are single, divorced or widowed.
Paragraph 1b: Enter the names and ages of any children that you have.
Paragraph 2: if there is anyone that you want to intentionally leave out of your Last will and testament enter their name(s) here. It is best to state so upfront so that your intentions are clear if your Will should ever be challenged later in court.
Paragraph 5: here you may enter your wishes as to what should be done with your body at the time of your passing. For example: if you wish to be buried and where your want to be buried or if you desire to be cremated and where the ashes should be spread, should be stated here. It is also a good idea to ensure that these wishes are told to your family members and also written in a separate document as at the time of your passing, your family may not have access to your Will immediately.
Paragraph 7: Personal Residence- if you own your home then this is where you would indicate who should inherit your home. Please enter the full address of the property and who you wish to inherit it.
If you do not own your own residence, then please write in no ownership of real property.
Paragraph 8: Specific Bequests: Use this paragraph if there are any specific items that you want to leave for a specific person. For example: My gold diamond earrings I leave for Jane Smith, my dear niece.
You can leave all your personal and household effects in this paragraph, you can also leave furniture, works of art, books, silver, jewelry, cars and any other tangible personal property.
Be sure to be specific and if you can state where the item is located as well, also when naming the person whom the item should be left for use their full name and if there is any relationship indicate so. You can also state a secondary person to inherit the item if the first person should not survive you.
You may have as many specific bequests as needed or none at all. If you have no specific request, then write in N/A and leave blank
Paragraph 9: Residuary Estate- this paragraph states whom you want to leave the rest of your estate, including any real estate and personal property, other than the specific bequests. You may leave it all to one person, if you do so it is best then to indicate a backup residuary beneficiary in case that person does not survive you. You may also divide it among several people. If you select more than one residuary beneficiary you must indicate what percentage each receives. For example, to Jane Smith of 123 Main St., Anytown, Maine 06741 and Nicole Pitter of 44 Rockingham, Boston, MA 20564 each receiving a 50% share of the residuary estate.
If you do not select more than one person or do not select a backup beneficiary write not applicable or cross off those sections.
Paragraph 10: Wipeout Beneficiary- in the unusual case that all of your named beneficiaries should not survive you and that you do not leave behind any children or grandchildren, this paragraph asks you to name a backup person to be that beneficiary.
Paragraph 11: Enter the State that you live in.
Paragraph 12: Executor- here you name your executor-enter the person’s name and address. If you want a co-executor enter that information here as well. If no co-executor enter not applicable.
An Executor of a Will is a person that is named in the Will to carry out the wishes of the Testator (the creator of the Will) in accordance with the Will, after the testator passes. You can name any person, as long as they do not have a criminal history and is someone you trust as an Executor or you can name a bank or a trust as an Executor, for a fee. If you name a person, such as a friend or family member then you may choose to give compensation to Executor.
Paragraph 14: Successor Executor- here you nominate a backup executor in case your executor(s) is unavailable or unable to serve.
Paragraph 16: Enter the State that you reside in.
Paragraph 19: here you can appoint a guardian for your minor children. Enter the guardians name and the address. It is a good idea to discuss this with the other parent of your children as to who should be the guardian of your child(ren) if both of you should pass while the child(ren) is/are minors.
Paragraph 20: Asks you to appoint a successor guardian in the event that the Guardian is not available. Enter that person's name and address.
Paragraph 22: If you have a pet enter the pet’s name and leave the amount of money you want to be used to take care of your pet here.
Paragraph 29: allows you to enter any additional information or details that you wish and that have not been covered so far.
Last Page is the Signature Page and the Witnesses, as well as notary.
Refer to the Last Will and Testament Information Sheet as to your States Specific Signing Requirements that is included in the Last Will and Testament Information package. However, it is best to check your local laws as laws are changing.