Have you ever thought that you might want to put together your own will? Here is a sample you can use.
LAST WILL AND TESTAMENT
OF
THEODORE B. EDWARDS
I, Theodore B. Edwards, of Montgomery County, Pennsylvania, declare this to be my Last Will and Testament and hereby revoke all prior wills and codicils.
FIRST
I give my entire estate, including but not limited to, any and all automobiles, furniture, furnishings, china, silverware, jewelry, ornaments, works of art, books, pictures, and wearing apparel, but excluding cash on hand, together with any insurance thereon, to my wife, Heather Edwards provided she survives me by ninety (90) days. If she fails to do so, all of my tangible personal property shall be divided equally among my children, as they may agree, or in the absence of agreement, or if any of them is a minor, as my Executor may think appropriate, in my Executor’s sole discretion; provided that articles which my Executor considers unsuitable for my minor beneficiaries may be sold and the proceeds thereof added to my residuary estate. My Executor may, without further responsibility, distribute property passing to a minor under this paragraph to the minor or to any person to hold for the minor. If none of the above beneficiaries survive me by ninety (90) days, this bequest shall lapse and be distributed as part of my residuary estate.
SECOND
I give the residue of my estate to my wife, Heather Edwards, provided that she survives me by ninety (90) days. If my wife, Heather Edwards, should fail to survive me by ninety (90) days, I give the residue of my estate to be divided equally among my children who survive my death by ninety (90) days. In the event none of the above beneficiaries survive me by ninety (90) days, the residue of my estate shall be distributed to Christopher Todd Edwards.
THIRD
No interest of any beneficiary under this Will or any Codicil hereto shall be subject to anticipation or voluntary or involuntary alienation.
FOURTH
I appoint Christopher Todd Edwards, Executor of this my Last Will and Testament. In the event that he is unwilling or unable to act, I appoint Kristen Fisher as substitute Executor of this my Last Will and Testament.
FIFTH
My Executor shall not be required to file a bond in this or any other jurisdiction.
SIXTH
In the event that any person who is entitled to distribution of my estate shall not have reached the age of 18 years, then their respective shares shall be held in trust. I appoint Christopher Todd Edwards as Trustee. In the event that Christopher Todd Edwards shall at any time be or become unwilling or unable to serve as Trustee, I appoint Kary Fisher as Successor Trustee.
SEVENTH
The Trustee shall divide the Trust into as many equal shares as there are persons under the age of 18. Each share shall constitute and be administered and distributed by the Trustee as a separate Trust.
EIGHTH
The Trustee shall apply and distribute the net income and principal of each of the shares as follows:
(1) The Trustee shall pay to or apply for the benefit of each beneficiary in monthly or other convenient installments so much of the net income from his or her share of the Trust estate, up to the whole thereof, as the Trustee in his or her discretion deems advisable for the proper care, support, maintenance, and education of each beneficiary. At the end of such year the Trustee shall accumulate and add to the principal of each beneficiary’s share of the Trust estate the balance, if any, of the said net income.
(2) When such beneficiary attains the age of 21 years, the Trustee shall thereafter pay to or apply for the benefit of such beneficiary all of the net income and principal in his or her share of the trust estate.
(3) If at any time in the discretion of the Trustee a beneficiary should be in need of funds for his or her proper care, support, maintenance, and education, the Trustee shall in his or her discretion, in addition to the payments hereinabove provided, pay to or apply for the benefit of such beneficiary amounts from the principal of his or her share of the trust estate, up to the whole thereof, as the Trustee may from time to time deem advisable.
(4) If any beneficiary for whom a share of the Trust Estate has been set aside should die prior to attaining the age of 21 years, upon the death of such beneficiary the Trustee shall distribute both the distributed and undistributed portions of each share and partial share in accordance with the residuary clause of this my Last Will and Testament.
NINTH
My Executor and Trustee shall, in addition to the powers given by law, have the following powers:
(1) To accept in kind and retain any real or personal property which I may own at the time of my death.
(2) To invest in or purchase any form of property, real or personal, without restriction as to legal investments for fiduciaries.
(3) To sell at public or private sale, exchange or lease for any period of time any real or personal property, and to give options for sales and leases.
(4) To borrow money from any source without liability on the part of the lenders, to see to the application thereof, and to mortgage or pledge any real or personal property.
(5) To register securities and other property held by the appropriate fiduciary in the name of a nominee or in bearer form.
(6) To compromise any claim by or against my estate or any trust established hereunder without order of Court of consent of any beneficiary.
(7) To distribute property in kind.
(8) To engage legal counsel, investment advisors, accountants, and custodians and to pay the legal fees and costs of same from the principal of any trust established hereunder.
(9) To execute and deliver all instruments of writing necessary or appropriate for the exercise of any Trustee power.
TENTH
I direct that all legacies and all shares and interest in my estate, whether principal or income, while in the hands of my Executor, shall not be subject to attachment, execution, or sequestration for any debt, contract, obligation or liability of any legatee or beneficiary and shall not be subject to pledge, assignment, conveyance, or anticipation.
ELEVENTH
I direct the payment by my Executor out of the residuary of my estate any and all transfer, estate, inheritance and succession taxes, whether State or Federal, or both, which may accrue and become payable by reason of my death, whether or not the property, right or interest by reason of which such tax accrues or is payable shall pass under my Will. It is my intent that no such tax shall be charged against any person or paid out of any source or fund whatever, other than my residuary estate; and that no tax shall be apportioned, either within or without the residuary estate.
TWELFTH
I direct the payment by my Executor out of my estate the expenses of my last illness, funeral, and burial as soon after my demise as may be conveniently done.
THIRTEENTH
I direct that my remains be disposed of in accordance with Jewish law.
FOURTEENTH
In the event of my death and the death of my wife, Heather Edwards, if she does not survive me by ninety (90) days, I appoint Kristen and Michael Jones Guardians of the person for all my children who have not reached the age of eighteen (18) years.
FIFTEENTH
I direct that any fiduciary acting hereunder shall not be required to enter bond or other security in any Court or jurisdiction in which said fiduciary may be called upon to act.
SIXTEENTH
The “Executor” or any pronoun used to indicate the Executor, or any other fiduciary, shall be deemed to apply to one or more than one person or corporation and to the masculine, feminine, or neuter gender.
IN WITNESS WHEREOF, I have hereunder set my hand and seal this day of , 2002.
_________________________________________ THEODORE B. EDWARDS
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Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor’s Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.
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