Free Last Will and Testament

What is a Last Will and Testament?

A Last Will and Testament is a legal document that you can use to outline your wishes relating to the distribution your assets and to provide for your loved ones after your death. It is essentially a clear set of estate planning instructions provided to the executor as to how your assets will be distributed and who amongst your family and friends will receive a part of your estate.

A typical Last Will and Testament will cover the following topics, all of which can be customized by Ziji Legal Form’s Last Will and Testament template:

• Appointment of Executor: This allows you to name an executor, the person who is responsible in carrying out your instructions in the Last Will.
• Distribution of Assets: This will specify how your estate and assets will be divided amongst the beneficiaries including the leaving of specific gifts or inheritances.
• Appointment of Guardianship of Minor Children: If you have any minor children, then you can designate a guardian who will look after the care and well being of your minor children in the event of your death.
• Appointment of Caretaker of Pets: If you have any pets, you can designate a guardian who will look after your pet.
• Debts and Taxes: This allows you to address the payment of outstanding debts, taxes, and funeral expenses before distribution of your assets to the beneficiaries.
• Last Requests: This allows you to specify any final instructions relating to funeral, burial preferences, or even deal with the forgiveness of debt owed to you.

Why is it important to have a Last Will?

Having a Last Will allows you to control what happens to your assets after death and it removes any ambiguity as to how your assets will be distributed. When a person dies intestate, it means the person died without a valid will, the state laws will dictate who gets the assets and how much of the assets they receive. If you have no surviving family member or a will, your assets may even be absorbed by the state. Therefore, it is very important to have a valid Last Will to ensure your assets are distributed according to your wishes and having such explicit instructions will also prevent confusion or dispute relating to your estate after your death. Anyone over the age of 18 and is of sound mind can create a Last Will to ensure no ambiguity exists regarding their estate after death.

Is a Last Will different from a Living Will?

While they may sound similar but they serve very different purposes. A Last Will deals with the distribution of your estate after your death. Basically, a Last Will is a set of explicit instructions as to who gets what that is carried out by the executor you have chosen in your will. However, a Living Will deals with how your health care preferences are handled when you are incapacitated. If you are unconscious after an accident and cannot give consent, the Living Will allows you to provide guidance to your family what types of treatments will you accept. For example, whether to accept a CPR treatment, get a blood transfusion, or how long you wish to stay on a ventilator should you remain in a coma etc. In short, a Last Will deals with how your assets are distributed after death, while a Living Will deals with what types of medical treatments are acceptable to you when you are unable to give your consent.

Who is the testator?

You, the person who is writing and making a will is referred to as the testator. In the past, a female testator is referred to as a testatrix. However, in modern times, the word testator is commonly used to refer to both male and female testators.

Who is the executor?

The executor is the person appointed by the testator and he/she is responsible for administering the estate and for carrying out the last wishes of the testator according to the instructions left in the will. The executor must at least 18 years of age and of sound mind. The executor should be an individual who lives in the same state as the testator.

Who is the guardian appointed by the testator?

The guardian is the person appointed by the testator to look after any minor children of the testator in the event of the testator’s death.

What is executor bond?

An executor bond, also known as an estate bond or probate bond, is a type of surety or fiduciary bond that guarantees if the executor misappropriates the testator’s assets or makes a mistake in handling the assets, the beneficiaries will be reimbursed by the bond company. Because of the cost associated with getting the executor bond, some testators may choose to waive this requirement for the executor that they trust. However, it is always prudent to require an executor bond from the executor to ensure the testator’s wishes will be fulfilled.

Who is the trustee?

The trustee is the person appointed by you, the testator, and who has a fiduciary duty to manage and administer your minor children's trust assets until they become adults. The trustee is responsible for managing the assets in the trust and make distributions for the minor children's benefits (e.g. education, health care, physical well being and support etc.). Once your children reach the age of 18, typically the proceeds of the trust assets are paid out in full to them by the trustee and the trustee's role will end.

What is a specific gift?

A specific gift or specific bequest, refers to any specific property that is given to a beneficiary in a will. This is typically what comes to mind when most people think of giving away their estate in a will. For example, it can be a coin collection, a piece of artwork, or jewelry etc.

Note that you as the testator cannot give away certain gifts that you do not have full ownership. For example, you cannot give away spousal property or real estate that you and your spouse jointly own. You also cannot give financial instruments such as life insurance policy, annuities, or pension fund proceeds that already have a designated beneficiary.

In order to ensure your will is complete and will reflect your full wishes in the distribution of your estate, it is prudent to name an alternative beneficiary for each gift you leave in your will, in case the original beneficiary dies before you.

What is a wipeout clause in a will?

A wipeout clause is sometimes called a "total wipeout clause", "total failure clause", "catch-all clause", or a "fail safe clause". This provision basically states if the named beneficiaries and eligible heirs die before the testator, the estate will go to the wipeout beneficiary instead. This wipeout beneficiary can be a close family relative/friend, or a charity or organization that is important to the testator. The testator can name more than one wipeout beneficiary.

Can I use a Last Will to care for my pets?

Pets are an important part of your family and you certainly can use a Last Will to look after them. You, as the testator, can designate a caretaker to look after your pets. You can use our Ziji Legal Forms Last Will template to draft any clause to ensure your pets will be cared for after your death. For example, you can designate a part of your estate to be used for the care and well being of your pets to ensure their food, grooming, and medical needs are looked after.

Who are the witnesses and do I need to notarize my Last Will?

In most jurisdictions, you do not need to notarize your Last Will for it to be valid. However, you must sign the Last Will with two witnesses in your presence and in the presence of each other. In other words, the two witnesses must watch you sign the Last Will together, and they should watch each other sign the will as the witness in the same room. Typically, witnesses should not be a beneficiary in the Last Will and they must be of sound mind that is at least 18 years of age. Notarizing the will may accelerate the probate process in court but it is certainly not required for a valid Last Will.

What is probate?

Probate is basically a process through the court in which your Will is validated and then administered after death.

What is an affidavit and why is it often signed with the Will?

The affidavit, sometimes called an affidavit of execution, is a sworn statement. It involves having the signee declaring that the jurisdiction’s signing and witnessing requirements were followed. Once this affidavit is signed and notarized, the court will assume the Will is a “self-proved will” during probate which means the validity of the Will won’t be questioned unless credible evidence is introduced proving otherwise.

Why is it prudent to sign an affidavit with the Will?

If the aforementioned affidavit is not signed, the witness who did not sign the affidavit may be required to appear in probate court to attest that he or she was a witness and that the signing requirements were followed. So, while it is not a requirement to sign this affidavit to have a valid will, it is prudent to so, since it will save time and money during the probate process and the executor will not have to track down the witnesses to attend probate court.

Where should you store your Will?

Store your signed Will and Affidavit in a safe place. While it may be tempting to put the documents inside your safety deposit box in the local bank, but that is not a good idea. Without going through the probate process, which requires your Will, your executor will not have access to your safety deposit box. Store the documents somewhere secure that your executor will have access to after your passing and inform your executor where the documents are kept.

How often should I update my Last Will?

It’s recommended to review and update your Last Will every few years or whenever there is a significant life event, such as marriage, divorce, the birth of a child, or the acquisition of substantial assets. This ensures that your Will remains accurate and reflective of your current wishes.

Is an online Last Will legally valid?

Yes, an online Last Will can be legally valid as long as it meets the legal requirements of your jurisdiction, including being properly signed and witnessed. At Ziji Legal Forms, our templates are designed by our legal staff that complies with legal standards to ensure your Will is valid.

Can I name multiple executors in my Will?

Yes. You can appoint more than one executor to administer your estate. This can provide backup in case one executor is unable or unwilling to serve. It’s important to clarify whether the executors must act jointly or if they can act independently to avoid confusion.

Can I include digital assets in my Will?

Absolutely. Digital assets, such as online accounts, social media profiles, cryptocurrency, and digital photos or files, can be addressed in your Will. You should provide clear instructions on access, management, or distribution of these assets to ensure your wishes are followed.

Can I provide for stepchildren or non-biological children in my Will?

Yes. You can include stepchildren, adopted children, or other non-biological children as beneficiaries in your Will. It’s important to clearly identify them by name and relationship to avoid confusion or disputes, and consider naming alternate beneficiaries in case any named individuals predecease you.

Can my Will include charitable donations?

Yes. You can leave specific gifts or a portion of your estate to charities, nonprofits, or organizations that are meaningful to you. Clearly naming the organization and the amount or asset to be donated ensures your philanthropic wishes are honored.

What happens if I die without a Will?

If you pass away intestate—without a valid Will—state laws will determine how your assets are distributed. This may result in your estate being divided among relatives according to statutory formulas, which may not align with your personal wishes. In some cases, assets may even go to the state if no legal heirs are identified.

What jurisdictions can use our Last Will document?

You can use our template to create a legal and valid Last Will document for the following jurisdictions: