DIY Legal Forms

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Trust For Children

LAST WILL AND TESTAMENT OF

I.

I, [Name], residing at [Address], being of sound mind and in the contemplation of the certainty of death, do hereby declare this instrument to be my last will and testament.

II.

I hereby revoke all previous wills and codicils.

III.

I direct that the disposition of my remains be as follows:

IV.

I bequeath to [Name(s)], in trust, for the purpose of assisting the provision of a college education to my children, [Name(s)], per cent of my estate. In the event that is unable or unwilling to act as trustee, I appoint as successor trustee. In the event that neither or act as the trustee, the executor of this estate shall name the trustee.

The trustee shall hold and invest and the corpus and accumulated earnings of the trust solely for the benefit of the beneficiaries under the terms and conditions stated herein. The trustee shall serve without bond, without court administration and without compensation, except that a professional fiduciary such as a licensed bank trust department may receive its ordinary and regular fees.

The trustee shall utilize the corpus and accumulated earnings of the trust in the Trustees discretion to assist in obtaining a college education. The Trustee shall have the discretion to allocate the resources provided between the beneficiaries as their needs and abilities may indicate. The Trustee shall not be required to equalize the distributions.

For the purposes of this trust "college education" shall include an apprenticeship, trade school or other recognized educational course, including those operated by trade schools for profit.

This trust shall terminate upon: death of the last beneficiary, exhaustion of the funds, or, when the last beneficiary reaches the age of [--] years, unless at that time the beneficiary is pursuing a course of higher education in which case the trust will end when the course of higher education is completed.

The unexpended corpus and accumulated earnings shall be disposed of as follows:

V.

I give all the rest and residue of my estate to: [Name], if they survive me for [--] days. If does not survive me, I give all the rest and residue of my estate to [Name]. If neither [Name] nor [Name] survives me, I give all the rest and residue of my estate to my heirs as determined by the laws of the State of [State], relating to descent and distribution.

VI.

I appoint , to act as the executor of this will, to serve without bond. Should be unable or unwilling to serve, then I appoint to act as the executor of this will.

I herewith affix my signature to this will on [Date], at [Address], in the presence of the following witnesses, who witnessed and subscribed this will at my request, and in my presence.

________________________

Testator

Attestation Clause:

On the date above written, [Name], well known to us declared to us, and in our presence, that this instrument, consisting of [--] pages, is a codicil to their last will and testament, and [Name], then signed this instrument in our presence, and at [Address] request we now sign this codicil as witnesses in each other's presence. Further that [Name], appeared to us to be of sound mind and lawful age, and under no undue influence.

Witness:

_______________________

Address:

Witness:

_______________________

Address:

Witness:

_______________________

Address:

STATE OF _________)

COUNTY OF ________)

Before me, the undersigned authority authorized to take acknowledgments and administer oaths, personally appeared:

who after being having duly sworn or affirmed to tell the truth, stated:

1. That declared this instrument to be a codicil to their last will and testament to the witnesses.

2. That signed this instrument in their presence.

3. That the witnesses signed as witnesses in the presence of and each other.

4. That is well known to the witnesses, and the witnesses believe to be of lawful age, of sound mind and under no undue influence or constraint.

_______________________

Officer

Title of Officer:_______________

My Commission Expires: