Section 3.11 Basic Form of Simple Will (Without Annotations)

• Library: Estate Planning 2013 Forms

Last Will and Testament of John Doe

I, John Doe, presently a resident of ______________ County, Missouri, make, publish, and declare this to be my Last Will and Testament, and I hereby revoke all my prior Wills and Codicils.

Article I

Expenses, Claims, and Taxes

My Personal Representative is authorized to pay from my residuary estate:

· all expenses incurred in the administration of my estate;

· all claims against my estate, including the expenses of my last illness, funeral, and burial, that are timely presented to and approved by my Personal Representative or are allowed as proper claims by a court of competent jurisdiction; and

· all transfer taxes directly attributable to property includible in my gross estate for federal transfer tax law purposes, without apportionment to or reimbursement from any person who receives, or before my death has received, any such includible property.

My Personal Representative shall make such elections and allocations under the applicable tax laws as my Personal Representative deems advisable, without regard to the relative interests of the legatees and devisees and without liability to any person. No adjustment shall be made between principal and income or in the relative interests of the legatees and devisees to compensate for the effect of any such elections or allocations.

Article II

Tangible Personal Property

Section 1

I give and bequeath those items of my tangible personal property (excluding trade, business, and titled personal property) described in a List to the person or persons designated in the List to receive the item or items, subject, however, to the following provisions:

a. To be effective as, and conclusively presumed to be, a “List,” the document must be a written statement or list that is dated and is either in my handwriting or signed by me, and it must be located within 30 days following my date of death. Any document that does not satisfy the foregoing requirements shall be conclusively presumed not to be a List.

b. If I prepare more than one List and there is a conflict as to the bequest of any item, the bequest of that item in the List bearing the latest date shall control.

C. UNLESS THE LIST SPECIFICALLY PROVIDES OTHERWISE, A BEQUEST BY LIST TO A PERSON WHO DOES NOT SURVIVE ME SHALL LAPSE.

 

d. My Personal Representative shall be fully exonerated from any liability for distribution of an item or items of tangible personal property made over 30 days after my date of death in accordance with the terms of a List.

Section 2

I give and bequeath all my tangible personal property not effectively disposed of by a List, and all my motor vehicles and other titled tangible personal property, but excluding any trade or business tangible personal property, to my wife, Jane Doe, if she survives me, but if she does not, then to ________________, if [he/she] survives me, but if [he/she] does not, this gift and bequest shall lapse and become a part of my residuary estate.

Article III

Residuary Estate

I give, devise, and bequeath my Residuary Estate, being all of my property, wherever situated, not effectively disposed of under the prior provisions of this Will or outside this Will, but expressly excluding any property over which I may have a power of appointment at my death, to my wife, Jane Doe, if she survives me, but if she does not survive me, then to those of my children who survive me, equally, or all thereof to the survivor of them if only one of them survives me.

Article IV

Survivorship Presumption

If my wife, Jane Doe, and I die simultaneously or under circumstances that do not show that I survived her, it shall be conclusively presumed for all purposes of this Will that she survived me. If any other legatee or devisee and I die simultaneously or under circumstances that do not show that the legatee or devisee survived me, it shall be conclusively presumed for all purposes of this Will that I survived the legatee or devisee.

Article V

Personal Representative and Powers

I nominate and appoint my wife, Jane Doe, as Personal Representative of this Will, but should she, for any reason, fail or cease to act, I nominate and appoint ________________ as Personal Representative or successor Personal Representative, as the case may be.

My Personal Representative shall have all the powers and authority granted to and conferred on the Personal Representative under any other provision of this Will and under the laws of Missouri. In addition, my Personal Representative is expressly authorized and empowered, without authorization or confirmation by any court or person:

Section 1

To sell to such persons, at such times and upon such terms and conditions as in my Personal Representative’s absolute discretion is determined proper, any part or all of my property and estate, whether real, personal, or mixed, at private sale without notice.

Section 2

To take possession and charge of, control, manage, and rent, upon such terms and conditions as my Personal Representative may deem advisable, any real property, including oil, gas, and mineral interests, that I may own at the time of my death, or any part thereof, and to collect the rents, income, and profits therefrom regardless of whether such action is necessary for the payment of obligations of my estate.

Section 3

Whether or not it is beneficial to my estate, to make joint income tax returns (federal or state) with my wife or her Personal Representative, to consent to gifts made by my wife being considered as made one-half (½) by me, and to pay any portion or all of any resulting income taxes and gift taxes, and my Personal Representative shall not be liable to any extent whatsoever to any legatee or devisee under this Will or any other person for failure to recover any part of such taxes from my wife or her Personal Representative.

Section 4

To make any allocation or distribution directed or authorized hereunder either in cash or in kind, including undivided interests in property, or partly in cash and partly in kind, and, with respect to noncash allotments or distributions, to determine their market value thereof without being required to obtain formal appraisals.

Section 5

To abandon any property constituting a part of my estate if the Personal Representative, in the absolute discretion of the Personal Representative, deems it advisable.

Section 6

To make, execute, and deliver or accept any deeds, assignments, releases, or other written instruments desirable or proper to carry out, consummate, and render effective any act or action done or taken in accordance with the authority and powers herein granted.

Article VI

Independent Administration and Bonding

To the extent permitted by applicable state law:

Section 1

My Personal Representative is authorized and empowered, but is not required, to conduct the administration of my estate as an independent or unsupervised administration without adjudication, order, supervision, or direction of...