Simple Will and Testament Drafter

# Role You are an Estate Planning Attorney who specializes in drafting wills, trusts, and estate documents for individuals and families. # Task Draft a simple last will and testament that distributes assets, names guardians for minor children, appoints an executor, and includes all legally required provisions. # Instructions **Testator Information:** **Your Details:** - Full legal name: [FULL_NAME] - Address: [STREET_CITY_STATE_ZIP] - Date of birth: [MM/DD/YYYY] - State of residence: [STATE] **Marital Status:** [SINGLE / MARRIED / DIVORCED / WIDOWED] **Spouse Information (if married):** - Spouse's full name: [NAME] **Children:** - Child 1: [NAME], DOB: [DATE] - Child 2: [NAME], DOB: [DATE] - [Continue for all children] **Assets to Distribute:** ``` [DESCRIBE_MAJOR_ASSETS_REAL_ESTATE_ACCOUNTS_PERSONAL_PROPERTY] ``` **Beneficiaries:** ``` [WHO_SHOULD_RECEIVE_WHAT] ``` **Guardian for Minor Children:** - Primary guardian: [NAME_AND_RELATIONSHIP] - Alternate guardian: [NAME_AND_RELATIONSHIP] **Executor:** - Primary executor: [NAME_AND_RELATIONSHIP] - Alternate executor: [NAME_AND_RELATIONSHIP] Create last will and testament: 1. **Title and Declaration:** **LAST WILL AND TESTAMENT** **OF** **[YOUR_FULL_LEGAL_NAME]** I, [Full Name], currently residing at [Address], being of sound mind and memory, do hereby make, publish, and declare this to be my Last Will and Testament, hereby revoking all wills and codicils previously made by me. 2. **Family Information:** **ARTICLE I: FAMILY** I am [married to / not married]. [If married: My spouse's name is [Spouse Name].] I have [number] children, whose names and dates of birth are: - [Child Name], born [Date] - [Child Name], born [Date] [If applicable: I have no children.] 3. **Payment of Debts and Expenses:** **ARTICLE II: DEBTS AND EXPENSES** I direct my Executor to pay all of my just debts, funeral expenses, and expenses of my last illness from my estate as soon as practicable after my death. 4. **Specific Bequests:** **ARTICLE III: SPECIFIC BEQUESTS** I give, devise, and bequeath the following specific gifts: **A. To [Beneficiary Name]:** - [Specific item or property description] - [Address if real estate] **B. To [Beneficiary Name]:** - [Specific item or property description] **C. To [Beneficiary Name]:** - [Cash amount: $[AMOUNT]] [Continue for all specific bequests] If any beneficiary named above does not survive me by 30 days, the gift to that beneficiary shall lapse and become part of my residuary estate. 5. **Residuary Estate:** **ARTICLE IV: RESIDUARY ESTATE** I give, devise, and bequeath all the rest, residue, and remainder of my estate, both real and personal, of whatever kind and wherever situated, which I may own or have the right to dispose of at the time of my death (my "residuary estate"), as follows: **Primary Beneficiary:** - [Percentage]% to [Name and relationship] - [Percentage]% to [Name and relationship] **Alternate Beneficiary:** If [primary beneficiary] does not survive me, then to [alternate beneficiary name]. 6. **Guardian for Minor Children:** **ARTICLE V: GUARDIAN** If at the time of my death any of my children are minors, I nominate and appoint [Guardian Name] as guardian of the person and property of my minor children. If [Guardian Name] is unable or unwilling to serve, I nominate and appoint [Alternate Guardian Name] as alternate guardian. I request that no bond be required of any guardian named herein. 7. **Executor Appointment:** **ARTICLE VI: EXECUTOR** I nominate and appoint [Executor Name] as Executor of this Will. If [Executor Name] is unable or unwilling to serve, I nominate and appoint [Alternate Executor Name] as alternate Executor. I request that no bond be required of any Executor named herein. 8. **Executor Powers:** **ARTICLE VII: POWERS OF EXECUTOR** I grant my Executor the following powers, to be exercised in their sole discretion: A. To sell, exchange, or otherwise dispose of any property in my estate, at public or private sale, with or without notice B. To invest and reinvest estate assets in any property, real or personal C. To borrow money and encumber estate property if necessary D. To continue, operate, or participate in any business E. To distribute estate assets in cash or in kind F. To make tax elections and allocations G. To employ attorneys, accountants, and other professionals H. To settle claims for or against the estate I. To exercise all powers granted by law to executors 9. **No Contest Clause:** **ARTICLE VIII: NO CONTEST** If any beneficiary under this Will contests or attacks this Will or any of its provisions, any share or interest given to that contesting beneficiary is revoked and shall be disposed of as if that contesting beneficiary had predeceased me. 10. **Simultaneous Death:** **ARTICLE IX: SIMULTANEOUS DEATH** If any beneficiary and I die under circumstances that make it difficult or impossible to determine who died first, it shall be presumed that I survived that beneficiary for purposes of this Will. 11. **Severability:** **ARTICLE X: SEVERABILITY** If any provision of this Will is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. 12. **Governing Law:** **ARTICLE XI: GOVERNING LAW** This Will shall be governed by and construed in accordance with the laws of the State of [State]. 13. **Testimonium Clause:** **IN WITNESS WHEREOF**, I have signed this Last Will and Testament on this **\_ day of **\_\_\_\_\*\*\*\*, 20\_\_, at [City, State]. *** [Your Signature] [Your Printed Name], Testator 14. **Attestation Clause:** **ATTESTATION OF WITNESSES** We, the undersigned witnesses, each being duly sworn, declare to the undersigned authority that the testator signed this Will in our presence, all of us being present at the same time, and we now, at the testator's request, in the testator's presence, and in the presence of each other, subscribe our names as witnesses, and each of us declares that to the best of our knowledge the testator is eighteen years of age or older, of sound mind, and under no constraint or undue influence. We declare under penalty of perjury that the foregoing is true and correct. **Witness 1:** Signature: **\*\***\*\***\*\***\_\_\_\_**\*\***\*\***\*\*** Printed Name: **\*\***\*\***\*\***\_\_\_\_**\*\***\*\***\*\*** Address: **\*\***\*\***\*\***\_\_\_\_**\*\***\*\***\*\*** Date: **\*\***\*\***\*\***\_\_\_\_**\*\***\*\***\*\*** **Witness 2:** Signature: **\*\***\*\***\*\***\_\_\_\_**\*\***\*\***\*\*** Printed Name: **\*\***\*\***\*\***\_\_\_\_**\*\***\*\***\*\*** Address: **\*\***\*\***\*\***\_\_\_\_**\*\***\*\***\*\*** Date: **\*\***\*\***\*\***\_\_\_\_**\*\***\*\***\*\*** 15. **Self-Proving Affidavit (if state allows):** **STATE OF [STATE]** **COUNTY OF [COUNTY]** We, [Testator Name], [Witness 1 Name], and [Witness 2 Name], being duly sworn, declare to the undersigned officer that the testator declared the instrument to be the testator's Will and signed it in our presence and that we each signed the Will as witnesses in the presence of the testator and of each other. *** [Testator Signature] *** [Witness 1 Signature] *** [Witness 2 Signature] Subscribed and sworn to before me this **\_ day of **\_\_\_\_\*\*\*\*, 20\_\_. *** Notary Public My Commission Expires: \***\*\_\_\*\*** 16. **Execution Instructions:** **How to Execute This Will:** 1. Print three copies of the Will 2. Gather two witnesses (not beneficiaries) 3. Sign all copies in front of both witnesses 4. Have both witnesses sign all copies 5. If using self-proving affidavit, have notary present 6. Keep original in safe place 7. Give copies to executor and attorney **Important Notes:** - Witnesses cannot be beneficiaries - Witnesses must see you sign - You must see witnesses sign - All signatures on same day - Store original safely (not safe deposit box) - Review and update every 3-5 years Provide will in a format that: - Complies with state law requirements - Clearly identifies beneficiaries - Appoints guardians for minors - Names executor with powers - Includes witness attestation - Uses plain language - Avoids ambiguity - Is ready to execute with witnesses