Last Will and Testament - LegalContracts.com

Your Information Assuming the Will is for you.
Your Name :
Your City/Town:
Your Province:
Your Gender:

Do you have a spouse?

Yes

Your Spouse's Information
Name:
Gender:
Relationship to You:

Spouse to be executor of the Last Will? A spouse is a good choice for executor as long as your spouse would be able to deal with the administration of your estate. See the

beside executor for more information

Yes No

Executor An executor is the person that you trust to collect your assets, pay your debts, create any trusts in the will and distribute your gifts. Your executor does NOT need to be a lawyer. It should be someone that knows your wishes. Your executor will have to hire a lawyer in any event to probate your will.

Name:
Address:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)
Gender:

Number of Executors: One executor is normally sufficient. If you have two executors, they must be able to AGREE on each decision to be made.

One

Two

Second Executor
Name:
Address:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)
Gender:

Alternative Executor An alternative executor is the person that takes the place of your executor (in the case of the executor's death, inability or refusal to act as executor) to collect your assets, pay your debts, create any trusts in the will and distribute your gifts.

Name:
Address:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)
Gender:

Children This document deals with each child equally. You will need to edit this document to provide for unequal shares among your children. It does not differ between biological and children that you are legally responsible for.

Number of your children:

List all children from any relationship, born to you or adopted by you. (Note: Stepchildren are not your natural heirs unless you have legally adopted them. They are not included if you leave property to "all my children". If you want to leave something to your stepchildren, you must name them as beneficiaries in your Will.)

Are any of your children minors? A minor is a child that is under the legal age. If you have minor children, you MUST appoint a guardian otherwise the Courts will determine who it feels would be the best guardian for those children.

Yes No

Age that a child or grandchild is to receive anything in will: This document provides a trust for minor children until they reach this age. You will need to edit it to provide for distributing the capital to the beneficiaries at more than one age. Common ages to provide the funds are 21 or 25. Your trustee will be able to provide funds to a child for maintenance before this age.

First Child
Name:
Address:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)

Second Child
Name:
Address:

Third Child
Name:
Address:

Fourth Child
Name:
Address:

Fifth Child
Name:
Address:

Sixth Child
Name:
Address:

Seventh Child
Name:
Address:

Eighth Child
Name:
Address:

Guardian A guardian is responsible for looking after the person of your children. The guardian determines what school, church and other activities the child is allowed to do. A guardian should be someone that physically and mentally would be able to take care of your children. This document only appoints a guardian in the event that you do not have a spouse or your spouse has already predeceased you. Always contact your potential guardians to ensure that they would be willing to act in this capacity.

Name:
Address:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)

Number of Guardians A married couple (or friend or relative) with values that you respect is usually ideal. Only pick your parents is they would be up to it. One Two

Second Guardian
Name:
Address:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)

Alternative Guardian An alternative guardian is the person(s) that takes the place of your guardian(s) in the case that the guardian(s) are dead, refuse to act as guardians or are incapable of being the guardian. The guardian determines what school, church and other activities the child is allowed to do. A guardian should be someone that physically and mentally would be able to take care of your children. This document only appoints a guardian in the event that you and your spouse have both died. Always contact your potential guardians to ensure that they would be willing to act in this capacity.

Name:
Address:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)

Number of Alternative Guardians A married couple (or friend or relative) with values that you respect is usually ideal. Only pick your parents is they would be up to it. One Two

Second Alternative Guardian
Name:
Address:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)

Specific Gifts This document gives you the ability to provide specific gifts (bequests) to people on your death.

Number of specific gifts of items:

First Gift

Short Description of Gift: Your description of the gift MUST be specific enough for a stranger to be able to know which of your items you meant to be given. On the other hand, do not be too specific otherwise the gift could lapse if you replace it with something slightly different later on. An example would be 'my set of golf clubs' assuming you only have one set.
Name of Beneficiary: The legal name of the person to receive this gift.
Beneficiary's Gender:
Address of Beneficiary:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)

Second Gift
Short Description of Gift:
Name of Beneficiary:
Beneficiary's Gender:
Address of Beneficiary:

Third Gift
Short Description of Gift:
Name of Beneficiary:
Beneficiary's Gender:
Address of Beneficiary:

Fourth Gift
Short Description of Gift:
Name of Beneficiary:
Beneficiary's Gender:
Address of Beneficiary:

Distribution of Residue of Estate

Number of recipients:

Wipeout Clause If it is possible that all of your immediate family (including your children and grandchildren) could die at same time as you in a common accident, it is prudent to provide a means to distribute the residue of your estate. An unmarried person, married without children or with young children are the most common situations where a wipeout clause is used.

Insert Wipeout Clause?

Yes

Your Family
Percentage to your family:
Split the amount for your family equally amongst your:

Your Spouse's Family
Percentage to spouse's family:
Split the amount for your spouse's family equally amongst your Spouse's:

Additional Clauses

Click here for tips on drafting your additional clauses.

How Many Additional Clauses do you want to create?

First Additional Clause:

Second Additional Clause:

Third Additional Clause:

Fourth Additional Clause:

Date

Last Will to be signed:

Today

This Month

Unsure

Additional Notes

You MUST have two witnesses present and watching you while you execute your Last Will and Testament. Each Witness must sign as a witness in your presence and in the presence of the other witness. 'In your presence' means actually watching them. You and the two witnesses should then initial the bottom right hand corner of each page of the will (except the page signed by all three of you). The witnesses do NOT have to be lawyers. Witnesses should NOT be individuals who will be receiving gifts in your will or the spouses of individuals receiving gifts in your will.

1. Execution of Your Last Will and Testament

You might want to consider having an affidavit of execution sworn by one of the witnesses in front of a notary public. An affidavit of execution provides evidence as to the proper execution of your Last Will and Testament.

2. Affidavit of Execution

Last Will and Testament - Canada

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Second Alternative Executor
Name:
Address:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)
Gender:

First Beneficiary of Estate Residue
Name:
Address:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)
Shares of Residue of Estate:

Second Beneficiary of Estate Residue
Name:
Address:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)
Shares of Residue of Estate:

Third Beneficiary of Estate Residue
Name:
Address:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)
Shares of Residue of Estate:

Fourth Beneficiary of Estate Residue
Name:
Address:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)
Shares of Residue of Estate:

Fifth Beneficiary of Estate Residue
Name:
Address:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)
Shares of Residue of Estate:

Sixth Beneficiary of Estate Residue
Name:
Address:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)
Shares of Residue of Estate:

Seventh Beneficiary of Estate Residue
Name:
Address:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)
Shares of Residue of Estate:

Eighth Beneficiary of Estate Residue
Name:
Address:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)
Shares of Residue of Estate:

Ninth Beneficiary of Estate Residue
Name:
Address:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)
Shares of Residue of Estate:

Tenth Beneficiary of Estate Residue
Name:
Address:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)
Shares of Residue of Estate:

Eleventh Beneficiary of Estate Residue
Name:
Address:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)
Shares of Residue of Estate:

Twelfth Beneficiary of Estate Residue
Name:
Address:
	e.g. "Halifax, Nova Scotia" or "Dallas, Texas" (street number not necessary)
Shares of Residue of Estate: