Simple Will

Updated: 2/09/00
Remember to add to this will clause on Independent Administration of Estates, Check California Statutory Will Provisions (Questions and Answers)
WILL OF __________ [Testator full name]

I, __________ [Testator name], __________ [if known by other names, add:
also known as: __________], __________ [if applicable, add: formerly known
as __________ (maiden name)], residing at __________ [Testator address],
being of sound and disposing mind, and not acting under duress, menace,
fraud, or undue influence of any person, declare this to be my last will and
testament, and revoke all previous wills and codicils made by me.

One

Revocation of Prior Wills and Codicils

I revoke all previous wills and codicils.

Two

Marital Status; Spouse's Name

I am married. My spouse's name is __________ [spouse name]. All references
in this will to my "spouse" are to __________ [spouse him or her].

Three

Children and Grandchildren

I have __________ [number of living children] living children, the issue of
my marriage to __________ [spouse name], as follows:

Name Date of Birth Present Address

__________ __________ __________

References in this will to my __________ [child or children] include all
these children and any child or children that may subsequently be born out
of my marriage to my spouse or adopted by myself and my spouse.

__________ [I have __________ (one) deceased child named __________ who died
__________ (date), and who leaves surviving the following __________
(number) children:

Name Date of Birth Present Address

__________ __________ __________

__________ __________ __________]

Four

Property Disposed of by Will

I intend by this will to dispose of all of my property of whatever nature
and wherever situated. I confirm to my spouse, my spouse's one-half
community property interest in all community and quasi-community assets
passing under or outside of this will. I intend that this will dispose of
all my separate property, and my one-half interest in the community property
and quasi-community property, if any, of myself and my spouse.

I intend by this will to dispose of all my property, real, personal, and
mixed, including any and all property of whatever nature acquired after the
execution of this will, wherever situated.

Five

Powers of Appointment

__________ [(If testator desires to exercise any power of appointment
testator may have, state: I appoint __________ (name) to receive any and all
property as to which I have any power of appointment under any will or other
instrument).

___________ (If testator does not intend by the will to exercise any power
of appointment testator may have, state: I do not intend to exercise any
power of appointment which I may have)].

Six

Funeral and Burial; Disposition of Body

1. I direct that my funeral be conducted __________ [specify, such as:
according to the rites of the __________ Church] by __________ [desired
funeral conductor name], at __________ [church of funeral] Church in
__________ [city of funeral], California.

2. I direct that my body be buried in __________ [place of burial such as my
plot or my family plot] in the __________ [cemetery name] Cemetery at
__________ [cemetery address].

3. I direct that the total cost of my funeral, burial, and gravestone is not
to exceed __________ Dollars ($____) [maximum dollar cost of funeral,
burial, and gravestone].

Seven

Devise of Home

I give to my spouse any interest I may have in __________ [my or our] home,
located at __________ [address of home], or any other home which we may be
occupying as our principal residence at my death, subject to any __________
[trust deed or mortgage] or other encumbrance and all unpaid real property
taxes and special assessments which are a lien at the date of my death.
__________ [If my spouse, __________, does not survive me for __________
days, this gift shall lapse and become part of the residue of my estate or
make alternate disposition.]

Eight

Devises to Spouse

I give to my spouse, if __________ [spouse he or she] survives me for _____
[number of days beyond testator life devisee must survive to receive
personal property] days, any interest I may have in all household furniture,
furnishings and fixtures, jewelry, china, silverware, books, pictures,
clothing, and all other items of domestic, household, or personal use or
adornment, and all automobiles which at the time of my death shall be in,
about, or used in connection with my home.

If my spouse does not so survive me, I give the property described in the
previous paragraph to my children who survive me for _____ [number of days
beyond testator life devisee must survive to receive personal property]
days, in equal shares.

If none of my children survive me, this gift shall lapse and the property
shall become part of the residue of my estate.

Nine

Devises to Sons

I give to my son, __________ [son name], who resides at __________ [son
address], the sum of __________ Dollars ($____)[dollar amount devised to
son].

I give to my son, __________ [son name], who resides at __________ [son
address], the following described property: __________ [description of
property devised to son].

Ten

Devises to Daughters

I give to my daughter, __________ [daughter name], who resides at __________
[daughter address], the sum of __________ Dollars ($____) [dollar amount
devised to daughter].

I give to my daughter, __________ [daughter name], who resides at __________
[daughter address], the sum of __________ Dollars ($____) [dollar amount
devised to daughter], and the following described property: __________
[description of property devised to daughter].

Eleven

Devises to Other Family Members

I give to the following named relatives the property or properties set forth
opposite their respective names

Description of

Name Relationship Property Value

__________ __________ __________ $_____

Twelve

Devises to Charitable Organizations

I give to __________ [name of charitable organization], located at
__________ [charitable organization address], the sum of __________ Dollars
($____) [dollar amount devised to charitable organization], but in no event
shall this gift exceed __________ percent (____%) [maximum percentage of
estate devised to charitable organization] of my distributable estate. If
the sum given should exceed such percentage, I direct that this gift be
reduced to a sum which will equal such percentage.

Thirteen

Lapses and Gifts Over

If any of the beneficiaries mentioned in Paragraphs Nine, Ten, and Eleven do
not survive me __________ [if desired, add: for _____ days], then I give
such sum of money and property to that beneficiary's lawful descendants
living at me death, by right of representation. If a beneficiary leaves no
lawful descendants living at my death, then his or her gift shall lapse and
such gift shall become part of the residue of my estate.

Fourteen

Residuary Estate

All the residue of my estate __________ [if appropriate, add: except
property over which I may have a power of appointment], I give to my spouse,
__________ [spouse name], if __________ [spouse he or she] survives me for
_____ [number of days beyond testator life devisee must survive to receive
residue of estate] days. If my spouse does not so survive me, I give the
residue of my estate __________ [state alternate disposition, such as: to my
son, __________ (name), who resides at __________ (address), and my
daughter, __________ (name), who resides at __________ (address), in equal
shares, if they survive me __________ (if desired, add: for _____ days)].

If any of my children do not so survive me, then I give my deceased child's
or children's share of the residue to his or her lawful descendants living
at my death, by right of representation. If any of my children do not so
survive me and dies leaving no lawful descendants living at my death, then I
give the deceased child or children's share of the residue to my surviving
children in equal shares.

If my spouse, my children, and none of my children's lawful descendants
survive me for _____ [number of days beyond testator life devisee must
survive to receive residue of estate] days, then I give the residue of my
estate to __________ [alternate disposition of residuary estate such as: my
heirs as determined by the laws of the State of California relating to
descent and distribution].

Fifteen

Debts and Expenses

I direct that all lawful debts and obligations, not barred by a statute of
limitation or discharged in bankruptcy, be paid as soon as practicable after
my death.

Sixteen

Taxes

All estate, succession, or other death taxes, duties, charges, or
assessments, imposed on or in relation to any property by reason of my
death, whether passing under this will or otherwise, shall be paid by my
executor out of the residue of my estate, without proration of any charge
therefor against any person who receives such property under the terms of
this will or otherwise.

Seventeen

Disinheritance

Except as otherwise provided in this will, I intentionally make no other
provision for __________ [name of children disinherited or if all children
disinherited, any] children of mine now living or any children subsequently
born to or adopted by me or any other issue of mine.

Eighteen

Will Contest

Should any of my beneficiaries in this will contest it in any manner, I
revoke any gift to him or her, and direct that his or her share of any gift
be disposed of as if he or she had predeceased me.

Nineteen

Executor

I nominate and appoint __________ [executor name], who resides at __________
[executor address], as the executor of this will, to serve __________
[without or with] bond.

If __________ [executor name] does not survive me, or if __________
[executor he or she] does not qualify as or is unwilling to or ceases to act
as executor, I nominate and appoint __________ [name of alternate executor,
bank or trust company], of __________ [executor bank or trust company
address], or any successor or assign of that __________ [executor bank or
trust company], the executor of this will, to serve __________ [without or
with (according to bond status)] bond.

Twenty

Powers and Duties of Executor

My executor may, in my executor's sole discretion, retain any securities,
real property, or other investments and continue to hold, manage, and
operate any property, business, or enterprise that I may own in whole or in
part at the time of my death, with or without order of court, the profits or
losses from doing so, if any, to inure to and be chargeable against my
estate and not my executor.

Twenty-One

Attorney for Executor

I appoint __________ [executor attorney], attorney at law, of __________
[executor attorney address], as the attorney for my executor.

Twenty-Two

Guardian of Minor Children

I appoint __________ [guardian name], __________ [guardian address], as the
guardian of the person and property of any child of mine who at the time of
my death is a minor, the guardian to serve __________ [with or without
(according to bond status)] bond.

I executed this will, consisting of _____ [will page length] pages, on
__________ [execution date], at __________ [execution location], California
in the presence of __________ [witnesses name].

[Signature]

Attestation Paragraph

On the date written below, the testator, __________ [testator name],
declared to us that this instrument, consisting of _____ [instrument page
length] pages, including this page, __________ [add if applicable: and
including the interlineations on pages _____ and _____], was __________
[testator his or her] will and requested that we witness it. The testator
then signed the instrument in our presence, all of us being present at the
same time. At the testator's request, and in the presence of the testator
and the other witnesses, each of us subscribes his or her name as witnesses.

__________ [Add, if desired: We believe that the testator is over the age of
18, is of sound mind, and is not acting under duress or undue influence].

__________, residing at __________

[Signature] [address]

__________, residing at __________

[Signature] [address]

We declare under penalty of perjury that the foregoing is true and correct
and that this declaration was executed on __________ [form date], at
__________ [city of execution], California.

[Signature] [Signature] [Signature]