Last Will and Testament for Virginia

LAST WILL AND TESTAMENT OF

_______________________



I, _____________, "Testator," residing at _____________, _____________, _____________ _____________, and born on _____________, being of sound body and mind, declare this to be my Last Will and Testament (my "Will") and hereby revoke any and all wills and codicils I may have previously executed.

  1. Payment of Remaining Debts and Expenses. Without apportionment or right of reimbursement, I direct my Executor(s) to pay out of my residuary estate as administrative expenses all my legally enforceable debts, the expenses of my funeral and last illness, the expenses of administering my estate, and all estate, transfer, and similar taxes occasioned by my death, including any interest and penalties thereon, payable with respect to property within my estate, whether or not passing under this Will, as soon after my death as is reasonably practicable. However, any debt or expense secured by a mortgage, pledge, or similar encumbrance on property owned by me at my death need not be paid by my estate, but such property may pass subject to such mortgage, pledge, or similar encumbrance. Furthermore, this article does not apply to the extent it is inconsistent with terms related to the payment of such debts, expenses, or taxes contained within any inter vivos instrument executed by me related to any trusts, gifts, property transfers, jointly owned property or accounts, insurance, or property subject to a power of appointment.
  2. Executors. I appoint as Executor(s) of this Will. If is/are unable or unwilling to act, or resign(s), I appoint as successor Executor(s). If none of the aforementioned Executors survive me or are able to serve in such capacity for any reason, then I authorize the court to appoint a person or corporation as Executor for my Will. If there are co-Executors and one co-Executor predeceases me or is unable or unwilling to act, the survivor shall serve as Executor. I direct that no bond or security of any kind shall be required of any Executor. Furthermore, I direct that no Executor serving hereunder shall receive compensation for their services out of estate funds. Executor(s) may utilize any expedited or unsupervised administration procedures available under state law for the quick and efficient administration of my estate with as little intervention of the probate court as possible.
  3. No Liability. My Executor(s) are free of liability and are discharged from any further accountability for distributing assets in compliance with this Will.
  4. After-Born or Adopted Children. If subsequent to the execution of this Will there shall be an additional child or children born to or adopted by me, I direct that such birth or adoption shall not revoke this Will.
  5. Interpretation and Captions. Wherever the context so requires, words used herein in one gender shall be applicable to all genders, words used in the singular shall include the plural, and words used in the plural shall include the singular. The use of captions are for reference only and are not meant to govern or affect the interpretation of any part of this Will.

TESTATOR'S SIGNATURE

I am signing this instrument, which is my Will, immediately below in the presence of the number of witnesses required by state law.

Address of the signing location:

________________________________

________________________________

________________________________

Sign: ________________________________ Date: ________________

WITNESS ACKNOWLEDGMENT


Signed and declared by Testator, _____________, as of the date below to be Testator's Will, in our presence, who at Testator's request, in Testator's presence, and in the presence of each other, all being present at the same time, have signed our names as witnesses. Testator is aged 18 years or older. Also, each of us is now aged 18 years or older, is a competent witness, and resides at the address set forth after his or her name. We also affirm that at the time of signing the Will, Testator was of sound mind and memory, and we believe that this Will was not procured by duress, menace, fraud, or undue influence.

FIRST WITNESS

Name: _______________________

Address: _____________________

_____________________________

_____________________________

Sign: ________________________

Date: ________________________
SECOND WITNESS

Name: _______________________

Address: _____________________

_____________________________

_____________________________

Sign: ________________________

Date: ________________________

SELF-PROVING AFFIDAVIT

STATE OF _____________

COUNTY OF _____________

Each of the undersigned witnesses swears as follows:

The attached Will was signed by _____________, the Testator named in the Will, on ______________ (date).

When _____________ signed the Will, he or she declared the instrument to be his or her last Will. Each of us then signed our name as a witness at the end of the Will at the request of _____________ and in his or her presence and sight and in the presence and sight of each other. Each of us was acquainted with _____________ when the Will was executed and signs this affidavit at his or her request.

_____________ was, at the time of executing this Will, over the age of 18 years and, in our opinions, of sound mind, memory, and understanding and not under any duress, menace, fraud, or undue influence or in any respect incompetent to make a will. In our opinions, Testator could read, write, and speak in English and was suffering from no physical or mental impairment that would affect his or her capacity to make a valid will. The Will was executed as a single original instrument, and was not executed in counterparts.

FIRST WITNESS

Name: _______________________

Address: _____________________

_____________________________

_____________________________

Sign: ________________________

Date: ________________________
SECOND WITNESS

Name: _______________________

Address: _____________________

_____________________________

_____________________________

Sign: ________________________

Date: ________________________

NOTARY PUBLIC

On ____________________ (date), personally appeared the above-signed witnesses, proved to me by satisfactory evidence of identification, which were ___________________________ (ID type), to be the persons who signed the preceding document, and affirming that the contents of this document are true and correct to the best of their knowledge and belief.

Print: ____________________________     Commission Expires: _______________

Sign: ____________________________      [Affix seal]

Declaration of Disposition of Last Remains



I, _____________, being of legal age and sound mind, hereby revoke all prior declarations concerning the disposition of my last remains, and I declare and direct that upon my death the following provisions be taken:

  1. I hereby appoint the following persons to serve as my agent to control the disposition of my remains as directed by this document. Each agent is to act individually and successively, in the order named, in the event that my primary agent is unable or unwilling to act. This appointment becomes effective upon my death.
    1. Agent

      Name: __________________________________________
      Address: ________________________________________
      _______________________________________________
      Phone: _________________________________________
    2. First Successor Agent

      Name: __________________________________________
      Address: ________________________________________
      _______________________________________________
      Phone: _________________________________________
    3. Second Successor Agent

      Name: __________________________________________
      Address: ________________________________________
      _______________________________________________
      Phone: _________________________________________
  2. Where permitted by law, I direct my body to be disposed of in the following manner (initial one):
    1. ______ Burial: I direct my body to be buried at
      ________________________________________________________________
    2. ______ Cremation: I direct my ashes to be disposed of as follows:
      ________________________________________________________________
    3. ______ Agent's Wishes: I direct that my body will be disposed of by any manner that my agent sees fit.
    4. ______ Other: I direct that my body is to be disposed of in the following manner:
      ________________________________________________________________
      ________________________________________________________________
      ________________________________________________________________
  3. I direct my agent to make the following ceremonial arrangements (initial one):
    1. ______ Funeral (with body):
      ________________________________________________________________
      ________________________________________________________________
      ________________________________________________________________
    2. ______ Memorial Service (without body):
      ________________________________________________________________
      ________________________________________________________________
      ________________________________________________________________
    3. ______ Agent's Wishes: I direct that my agent arranges a ceremony as my agent sees fit.
    4. ______ Other: I direct that a ceremony takes place in the following manner:
      ________________________________________________________________
      ________________________________________________________________
      ________________________________________________________________
  4. In addition to the aforementioned instructions, I direct my agent with the following Special Instructions:
    ______________________________________________________________________
    ______________________________________________________________________
    ______________________________________________________________________
    ______________________________________________________________________
  5. I may revoke this declaration at any time.

I execute this declaration willfully and voluntarily.

Sign: ________________________ Date: ____________

_____________

Witness Statement

I declare that the person executing this declaration is personally known to me, acting upon his or her own free will and of sound mind.

Signed in our presence:

FIRST WITNESS

Name: _______________________

Address: _____________________

_____________________________

_____________________________

Sign: ________________________

Date: ________________________
SECOND WITNESS

Name: _______________________

Address: _____________________

_____________________________

_____________________________

Sign: ________________________

Date: ________________________

NOTARY ACKNOWLEDGMENT



State of _____________

SS.

County of _____________

On _______________ (date), before me, _____________________________ (notary), personally appeared _____________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the Declaration of Disposition of Last Remains, acknowledging to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by affixing his/her/their signature(s) on the instrument so executed the instrument.

I certify under PENALTY OF PERJURY that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Print: ________________________     My Commission Expires: ________________________

Sign: ________________________       [Affix seal]

NOTARY PUBLIC

Please note that the language you see here changes depending on your answers to the document questionnaire.
Individual Estate Planning

Last Will and Testament

A last will and testament is used to distribute a person's possessions and provide directions to loved ones when the person dies. If you are over the age of 25, it's important for you to have a will, even if you don't own many assets to give away. A will ensures that the people you care about will know your wishes after you pass away.

LegalNature helps guide you through each step of the process, explaining what you need to know to create a legally valid and strong last will and testament. Besides helping you decide how to efficiently distribute your assets, you will have the option of specifying your funeral and burial wishes, to whom you want to administer your estate when you die, and who you'd like to look after any children you may have.

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