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Sample Basic Will

A worked basic will example covering executors, gifts, a residuary estate, a minor beneficiary trust and execution.

Jurisdiction: General illustrative will — signing and witnessing rules depend on the applicable jurisdiction

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

LAST WILL AND TESTAMENT

Important jurisdiction and formalities warning

This is a fictional worked example and not legal advice. A will is effective only if it satisfies the law governing the testator and the estate. The required number and independence of witnesses, witnessing procedure, capacity evidence, revocation rules, treatment of marriage or divorce, and probate process differ between countries, states and provinces. Obtain local advice before signing. Do not use a beneficiary as a witness without checking local law, because the gift to that witness may be affected. This will does not necessarily control jointly owned property, pensions, life insurance, trust interests, or other assets passing outside an estate.

1. Testator and declaration

I, Mara Elise Bennett, born 14 February 1978, of 27 Willowmere Lane, Northbridge, Westford 41806, a citizen of the Republic of Westford, declare this document to be my last will. I make it freely, while I understand the nature and effect of a will, the property I own, and the people who may reasonably expect to benefit. I revoke all earlier wills and codicils made by me.

I am divorced from Adrian Paul Bennett. I have two children, Lydia Rose Bennett, born 9 June 2008, and Jonah Miles Bennett, born 22 November 2011. I have no other child, whether biological, adopted or legally recognised, living at the date of this will.

2. Appointment of executors and trustees

I appoint my sister, Clara June Bennett, of 11 Orchard Crescent, Northbridge, Westford 41806, and my friend, Samuel Idris Cole, of 6 Lantern Street, Eastmere, Westford 41822, to be my executors and trustees. They may act jointly, and if one cannot or will not act, the other may act alone to the extent permitted by law. If neither can act, I appoint Priya Nandini Shah, solicitor, of 88 Market Square, Eastmere, Westford 41822, as substitute executor and trustee.

My executors may collect and protect my property, open an estate account, sell or insure assets, settle lawful debts and taxes, employ professional advisers, and distribute assets in cash or in kind. They may postpone a sale where a reasonable delay protects the estate. They must keep estate money separate, maintain accounts, and act consistently with applicable fiduciary duties.

3. Debts, expenses and taxes

I direct my executors to pay my funeral expenses, enforceable debts, expenses of administration, and taxes properly payable from my estate before distributing the residue. This direction is subject to mandatory law and does not make an executor personally responsible for a debt that is not legally theirs.

4. Specific gifts

I give my 2019 blue Riverton Vale touring bicycle, together with its fitted panniers, to Owen James Bennett, my brother, of 4 Hilltop Close, Northbridge, Westford 41806, if he survives me by thirty days. If he does not survive me, the bicycle forms part of my residuary estate.

I give 12,000 Westford dollars to Harbour Children’s Hospice, a registered charitable organisation at 2 Seafarer Road, Port Lennox, Westford 41910, for its general charitable purposes. If that organisation has ceased to exist at my death, my executors may pay the gift to a substantially similar registered charity.

5. Gift of the residue

I give the residue of my estate, after the gifts and payments above, to my children Lydia Rose Bennett and Jonah Miles Bennett in equal shares if they both survive me by thirty days. If one child dies before me or does not survive the thirty-day period, that child’s share passes to that child’s own living descendants in equal family branches. If neither child nor any descendant survives me, the residue passes to Harbour Children’s Hospice or its substantially similar successor.

Any share due to a beneficiary who is under the age of twenty-five is to be held by my trustees. The trustees may use income or capital for that beneficiary’s health, education, maintenance and reasonable benefit. The balance is to be transferred when the beneficiary reaches twenty-five, subject to any mandatory law. A trustee may retain, invest and vary investments prudently and must keep records.

6. Guardian and personal wishes

If at my death either child is a minor and no surviving parent has legal responsibility, I nominate Clara June Bennett as guardian, with Samuel Idris Cole as substitute guardian. This nomination is a statement of my wishes and takes effect only as the applicable child-protection or guardianship law permits; a court or public authority may have the final decision.

I prefer cremation and a modest memorial service near Willowmere Lane. These are non-binding wishes, and my executors may make practical arrangements after consulting my children and considering cost.

7. Signature and witnesses

I sign this will on 18 September 2026 at Northbridge, Westford, intending it to be my will. I ask both witnesses to be present together and to sign in my presence and in the presence of each other, but the witnesses must follow the formalities required where this will is signed.

Testator: Mara Elise Bennett

Signature: ____________________ Date: 18 September 2026

Witness one: Helen Maris Ford, 19 Cedar Walk, Northbridge, Westford 41806

Signature: ____________________ Date: 18 September 2026

Witness two: Marcus Theo Lin, 31 Quarry Road, Northbridge, Westford 41806

Signature: ____________________ Date: 18 September 2026

The witnesses confirm that they observed Mara Elise Bennett sign or acknowledge this document and that, so far as they reasonably observed, she appeared to sign voluntarily. Their signatures are not a substitute for any additional attestation clause, notarial act, or statutory form required in the applicable jurisdiction.

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