DIY Legal Forms

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Basic Will

1. Introductory Clause. I, [name], a resident of, and domiciled in, [city, county, state], make, publish, and declare this my Will, revoking all former wills made by me.

*2. Dispositive Clause. I give, devise, and bequeath to my Spouse, if my Spouse survives me, all of my property, real and personal. If my Spouse does not survive me, I give, devise, and bequeath to my issue all of my property, real and personal.

3. Executor's Powers. I empower my Executor to sell, at public or private sale, any part of my estate, real and personal, at times and upon terms and conditions that my Executor deems proper.

4. Appointment of Executor. I nominate and appoint as Executor of this Will my Spouse. If my Spouse fails to qualify or ceases to act, I nominate and appoint my [designated person], [name], as Executrix of this Will. I direct that no bond be required of either of them.

IN WITNESS WHEREOF, I have set my hand and seal this [date].



Signed, published, and acknowledged by [name] as her Will, in the presence of us, who, in her presence and in the presence of each other, and at her request, have subscribed our names as witnesses this [date].


[three signatures]

*** If Required By State Law ***

This Section for Notary:


STATE OF -------)

) ss: [date]

COUNTY OF ------)

On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Witness my hand and official seal.


[Name of Notary Public]

My commission expires: [date]


*Note: Wills often provide that bequests to children are either per capita or per stirpes. These clauses are significant if one or more of the testator's children have died before the testator and have left children or grandchildren of their own. In that event, the effect of omitting the phrases "per capita" or "per stirpes" will depend upon local law. In many jurisdictions, if children born or adopted after the will is executed are not specifically mentioned, they are entitled to share in the estate as if their parent had not left a will.