Wills and Estates

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Sample Standard Will

SAMPLE FORM
LAST WILL AND TESTAMENT OF
Beverly S. Hames1

        I, Beverly S.Hames2 (name), 943 Princeton Ave.3 (address) Memphis4 (city), Shelby5 (county), Tennessee6 (state), being of sound and disposing memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking any and all Wills and Codicils thereto by me at any time heretofore made.

ARTICLE I

 The executor of my estate shall pay all funeral expenses, costs of administration and other proper charges against my estate.  My executor shall pay from the residue of my estate all estate and inheritance taxes assessed by reason of my death.  I waive for my estate all rights of reimbursement for any payments made pursuant to this Article.  Interest and penalties concerning any tax shall be paid in the same manner as the tax.

ARTICLE II

        Provided my spouse, Herbert James Hames7, survives me by thirty (30) days, I give, devise and bequeath unto my spouse all of my estate in whatever nature and form.  I further direct that if my spouse, Herbert James Hames8, does not survive me by thirty (30) days, my property shall be distributed in conjunction with the following terms of this Will.

ARTICLE III

        In the event that my spouse, Herbert James Hames9, does not survive me

by thirty(30) days, the provisions of the preceding paragraph shall be of no force or effect.  In such event, my children, Wendy A. Hames10, Sally C. Hames10 and William S. Hames10, of 943 Princeton Ave.11 (address), Memphis12 (city), Tennessee13 (state), shall inherit my entire estate in conjunction with the following.  I, therefore, give, devise and bequeath the entire amount of my adjusted gross estate to my said children or their children per stirpes, should my children not survive me.  Unless specified herein, each

of  my children shall receive an equal share of my estate.  If any or all of my children are not surviving at the time of my death, their children shall receive their respective share.  In the event that any of my children are deceased and leave no children or descendants

surviving them at the time of my death, I direct that my entire estate be divided equally between my surviving children, or should any of my other children not survive me, to those children’s children or descendants.

ARTICLE IV

 As special bequest to specific individuals under the terms and conditions of this Will and prior to the distribution set forth in Article III above, I wish to provide the following items to the following individuals.

.

                        ITEM12                                INDIVIDUAL13

.

         1994 Ford Pickup14                       Wendy A. Hames            15

        Jewelry Collection                           Sally C. Hames                 

        1973 Piper 140                               William S. Hames               

        _______________                        _______________               

        _______________                        _______________               

        _______________                        _______________               

        _______________                        _______________               

ARTICLE V

        I appoint to serve without bond Herbert James Hames16, of Memphis17 (city), Tennessee18  (state), as executor of my Will if he/she is living at the time of my death.  However, if he/she is not living at the time of my death or is unable to serve as executor for some reason, I then appoint Wendy A. Hames19, of Memphis20 (city), Tennessee21 (state) to serve without bond as executor of my Will in accordance with the foregoing provisions.

            In witness whereof, I have hereunder set my hand this 15th day of August, 200622

.

                                                                                             _____________________23

                                                                                                      Signature

On this 15th day of August, 200624, we, the undersigned witnesses, in the presence of Beverly S. Hames25, and in the presence of each other and upon the request of Beverly S. Hames26, witnessed the signing and execution of what Beverly S. Hames27 declared to be his/her Last Will and Testament, an instrument consisting of three(3) typewritten pages, and at his/her request and in his/her presence and in the presence of each other we have hereunto subscribed our names as witnesses.

____________________28                423 South St. Southhaven, Mississippi29

WITNESS    ADDRESS

____________________30                423 South St. Southhaven, Mississippi31

WITNESS    ADDRESS

 

This is not a substitute for legal advice.  An attorney must be consulted.

 

 

AFFIDAVIT

STATE OF Tennessee32

COUNTY OF Shelby33

        I, Beverly S. Hames34, the testator, and we, the undersigned, Lyle Jacobs35 and Shirley Jacobs36, the witnesses, respectively, whose names are signed to the attached and foregoing instrument, being first duly sworn, declare to the undersigned authority that said instrument is the testator’s will and that the testator willingly signed and executed such instrument, or expressly directed another to sign the same in the presence of the witnesses, as a free and voluntary act for the purposes therein expressed; that said witnesses, and each of them, declare to the undersigned authority that such will was executed and acknowledged by the testator as the testator’s will in their presence and that they, in the testator’s presence, at the testator’s request, and in the presence of each other, did subscribe their names thereto as attesting witnesses on the date of the date of such will; and that the testator, at the time of the execution of such instrument, was of full age and of sound mind and that the witnesses were sixteen years of age or older and otherwise competent to be witnesses.

                                                ____________________37

      Testator

                                                ____________________38

      Witness

                                                ____________________39

      Witness

        Subscribed, sworn and acknowledged before me by Beverly S. Hames40, the testator; and subscribed and sworn before me by Lyle Jacobs41 and Shirley Jacobs42, witnesses, this 15th day of August, 2006 43.

                (Seal)                                                             ____________________44

                                                                                                       Notary Public

See also Attestation Clause and Self-Proved Will.

This is not a substitute for legal advice.  An attorney must be consulted.

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This is not a substitute for legal advice.  An attorney must be consulted.

 

The form above is an example of how a typical Checklist form may be completed.
1. The name of the testator should be set forth. Normally, a testator’s full name should be provided.
2.The name of the testator
3.The street address at which the testator resides.
4.The city in which the testator resides.
5.The county in which the testator resides.
6.The state in which the testator resides.
7.The name of the spouse of the testator.
8.Once again, the name of the spouse of the testator.
9.Once again, the name of the spouse of the testator.
10.The names of the testator’s children.
11.The street address of the testator’s children.
12.The city in which the testator’s children reside.
13.The state in which the testator’s children reside.
14.The items for which particular requests are made.
15.The individual to which the particular request is to be granted.
16.The name of the individual who is to serve as the executor.
17.The city in which the executor is located.
18.The state in which the executor is located.
19.The name of the alternate executor.
20.The city in which the alternate executor is located.
21.The state in which the alternate executor is located.
22.The date on which the will is signed.
23.The signature of the testator.
24.The date on which the document is signed before the witnesses.
25.The identity of the testator.
26.The identity of the testator.
27.The identity of the testator.
28.The signature of the first witness.
29.The address of the first witness.
30.The signature of the second witness.
31.The address of the second witness.
32.The notary Affidavit provides for the identification of a state.
33.The location of the county for the Affidavit.
34.The name of the testator.
35.The identity of the first witness.
36.The identity of the second witness.
37.The signature of the testator.
38.The signature of the first witness.
39.The signature of the second witness.
40.The name of the testator.
41.The name of the first witness.
42.The name of the second witness.
43.The date on which the document is signed.
44.The signature of the Notary Public.

 This is not a substitute for legal advice.  An attorney must be consulted.
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