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MyWill™ - Sample Last Will and Testament

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Last Will and Testament

I, Mr. John Peter Smith, residing in Los Angeles, in the State of California, United States of America, being of sound and disposing mind and memory, do hereby make and declare this to be my Last Will and Testament, revoking all prior Wills and Codicils.

1. IDENTIFICATION OF FAMILY

Marital Status

I am married. My wife's name is Jane Marie Smith.

Living Descendants

I have a son, Jerry, born January 26, 1971. I have a daughter, Jackie, born January 25, 1970. I have a son, Johnny, born January 27, 1972. I have a son, Jimmy, born January 25, 1968.

Deceased Family Members

I do not have any deceased spouses or children.

2. EXECUTORS

I NOMINATE, CONSTITUTE and APPOINT my brother, Jake Smith, of Toronto, Ontario, to be the Estate Trustee, Executor, and Trustee of this my Will, provided that there should be at all times one (1) Estate Trustee, Executor and Trustee of this my Will so that in the event that my above-named Estate Trustee, Executor and Trustee shall have pre-deceased me or shall survive me but die before the trusts hereof shall have terminated or shall be unable or unwilling to act or to continue to act, I appoint, in the following order of priority, such one of the persons hereinafter named as shall not already be acting and as shall be able and willing to act to fill the vacancy so created, namely, my father-in-law, Peter Simpson, of San Francisco, CA. References to "my Executor" in this my Will shall include each Estate Trustee, Executor and Trustee of my Will, my estate or any portion thereof who may be acting as such from time to time whether original or substituted and whether one or more. I request that no Executor, Trustee or successor in such capacity, or any other fiduciary hereunder, shall be required to furnish any sureties on his or her official bond in said capacity.

3. PAYMENT OF DEBTS

  1. Except for liens and encumbrances placed on property as security for the repayment of a loan or debt, I direct that all debts and expenses owed by my estate to be paid out in the manner provided for by the laws of the State of California.

4. PAYMENT OF TAXES

  1. I direct that all estate, inheritance, and other death taxes of any nature payable by reason of my death whether with respect to property passing under this Will or property not passing under this Will (except for any such taxes arising solely as a result of any power of appointment I may have at my death), shall be paid out in the manner provided for by the laws of the State of California.

5. DISTRIBUTION OF PROPERTY AFTER DEBTS AND TAXES

Residue

  1. In the event that my wife, Jane Marie Smith, survives me by a period of thirty (30) days, then pay, transfer, and assign the residue of my estate to her for her use absolutely.

    Alternate Residue

  2. If my wife, Jane Marie Smith, predeceases me, or survives me but dies within a period of thirty (30) days of the date of my death, then:

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