Sample Will
If you are considering writing a will or even just wondering what a will looks like, this sample will can help. It shows what information needs to be provided in a will and how it should be laid out. This sample will is completely fictional and not based on real circumstances. If the sample will is similar to actual events or people, it is purely coincidental.
Your own will or the will of others may look different to this sample will as every will is tailored to specific circumstances.
The Will of Joe Blogs (Sample Will)
1: Personal Information
The will must contain personal information to prove that it is the will of the deceased and not someone else’s. In this sample will, Joe Blogs shares their name and place of residence to prove their identity as well as show which jurisdiction the sample will was written in.
I, Joe Blogs, a resident of Los Angeles, California, declare that this is my will.
2: Revoking Previous Wills
Most wills have a clause revoking any previously made wills in order to make it clear that only the clauses in this will must be honored. In the case of this sample will, if Joe Blogs had a few previous wills, it leaves the will open to contest because it is not clear that this current will is instead of the previous wills, not in addition to them. On top of revoking this clause, all copies of previous wills should also be destroyed in order to prevent confusion.
I revoke all previously made wills and codicils.
3: Marital Status
Your will should state if you are married or in a marriage-like relationship that is recognized by your jurisdiction. Some states have probate laws that mean your spouse or registered partner is automatically entitled to certain items of property. For example, in this sample will, Joe Blog’s marriage to Linda Fischer may mean Linda receives automatic survivorship rights to their jointly owned home.
I am married to Linda Fischer.
5: Pets, Children, and Other Dependents
This section of the sample will must list any dependents and assign guardianship and make provisions for the dependents after their death. Dependents include pets, children, and any adult dependents who, because of disability or any other reason, cannot care for themselves. In this sample will, Joe Blogs states what should happen to their child if he and Linda Fischer die. In this sample will, Joe Blogs leaves a sum of money to the guardian of their child. This is common in wills, as raising children is expensive, and a sum of money can help pay for the costs of caring for the child.
In the event of my death, I leave $30,000 to the legal guardian of my child Peter Blogs in the hope that it will be used for the care and maintenance of my child. The legal guardian will not have access to Peter Blog’s college fund, which may only be used as per the terms of the trust.
If my wife Linda Fischer survives me, then she will remain the legal guardian of our child Peter Blogs. If Linda Fischer does not survive me, then I name my brother Steve Blogs as the legal guardian of our child.
6: Bequests of Property
In this sample will we will look at both the legal language of this section and how the bequests can be handled. Let’s start with the legal language of the sample will.
In order to receive property as per this will, the beneficiary must survive me for at least 45 days. The term “survive me” when used in this will means to be alive for a person and for an organization; it means to exist on the 45th day after my death.
If I bequest property to be shared between multiple beneficiaries, and some of the beneficiaries do not survive me, then unless stated otherwise, the shares of the beneficiaries that do not survive me must be split equally between the surviving beneficiaries.
For the purpose of this will, the residuary estate refers to all property not otherwise bequeathed in this will. Any failed or lapsed bequests will also be counted in the residuary estate.
So the above is the legal language of the sample will. It defines certain terms to ensure they are clear in case the will is contested. Let’s start with the first paragraph, which defines survivorship. The purpose of this clause is to ensure your property goes to who you want it to. If, for example, you died in a car accident with your brother who died three days after you, without this clause, the items you left him would not go to the alternate beneficiaries they name but would become part of your brother’s estate. Therefore, it will be shared with whoever your brother names in his will, instead of people you want to leave it to.
The second paragraph of this section of the sample will is to make provisions for if someone passes away before you. It states what should be done if property is shared between multiple people and one or more of them dies before you or before the survivorship clause duration.
The third paragraph of this section of the sample will defines residuary estate. By adding a provision for the residuary state, you do not have to name every single belonging in the will and bequest it to someone. It also helps deal with things that you may have acquired between writing the will and dying.
Now, onto the bequests.
-
- I bequeath $20,000 to Person A. If person A does not survive me, then the money shall go to Person B.
- My share portfolio shall be split between Person C, Person D, and Person E. Person C shall receive ½ of the share and Person D and E shall receive ¼ share each.
- I leave my art collection to Fancy Art Gallery.
- I bequeath $30,000 to the Woof Animal Shelter.
- I leave my residuary estate to my wife Linda Fischer. If she does not survive me, then I leave it to Peter Blogs in a trust.
All property named in this will shall pass subject to any liens or other encumbrances placed on it in order to pay off any outstanding debts or loans.
7: Forgiveness of Debt
In this sample will, Joe Blogs has made a number of loans to friends and family. Depending on his wishes, he can either ask that the money continue to be repaid to the estate, a trust, or another party. He also has the option to forgive the debt, which is commonly done.
I wish to forgive the following debts and any accrued interest:
-
- Person A $20,000 lent on 3rd of March 2001
- Person B $5,000 lent on 5th of June 2018
- Person C $10,000 lent on 20th of October 2019
- Person D $10,000 lent on 5th of July 2020
8: Executor
Your will should name an executor who will administer the will and take any action required of the estate, like repaying debts and selling property in order to split it. In this sample will, Joe Blogs names a person as their executor and provides an alternative. You can name more than one executor if you wish or even name an attorney or other professional. If you do so, make provisions for their fees in this section too.
I name Person A as my executor. If they are unable or unwilling to serve as my executor, then I name Person B as my executor. No executor shall be required to post bond.
9: Executor’s Powers
This part of the sample will lays out any powers that the will-maker wants the executor to have. The state laws will grant the executor a number of powers as standard, but you can add additional powers for your executor. This will mean the executor does not have to seek permission from the court if they need to do things that are outside of their legally mandated powers. By adding a clause that states that you wish your executor to handle the will outside of court supervision and you grant them the powers necessary to do so, it removes the need to seek court approval which only adds expense and delays to the probate process.
I grant my executor the powers to take any legally permissible actions necessary to probate my will outside of court supervision. I grant them the powers to execute my will in the simplest and most straightforward way possible as allowed by the law.
10: Payment of Debts
In this sample will, Joe Blogs knows that he may die with some debts, so he states what asset will be used to pay for these debts. These assets are often bank accounts to make debt repayment simple.
I direct that the following accounts be used to pay all expenses and debts my estate owes. The exception is liens or encumbrances placed on property.
-
- Account details
- Account details
11: Payment of Taxes
In this sample will, Joe Blogs makes provisions for inheritance taxes to ensure they do not affect the bequests to friends and family. You can designate certain assets that may be used to pay inheritance taxes.
I direct that the following accounts be used to pay all inheritance taxes or estate taxes that may be payable by my estate or beneficiaries.
-
- Account details
- Account details
12: No Contest
This sample will includes a clause to deter beneficiaries from contesting the will. It can sound harsh, but it means your will is executed in a timely manner and is not tied up in long court proceedings. It is worth noting that most states do not recognize no contest clauses if someone does contest the will, especially if they contest the will for good reason.
If any of the beneficiaries in this will contest the provisions or the will in general, then their share shall be revoked. Any bequests made to the contesting beneficiary should be handled as if that beneficiary did not survive me.
13: Severability
A severability clause is designed to ensure that one clause, if found to be invalid, cannot invalidate the entire will. This sample will, for example, states that invalid clauses can be disregarded and the rest of the will remains intact.
If any provision of this will is held invalid, other clauses not related to that clause shall remain intact.
Signature
I, Joe Blogs, the maker of this will, sign my name to this instrument, on the ______(date)_________ at _________________(location)__________________. I declare that this is my last will and that it is signed willingly. I sign this will and execute it voluntarily and not under any constraint or undue influence. I am legally empowered to make this will.
Signature: _______________________________________
Witnesses
We sign our names to this document and declare that we witnessed Joe Blogs willingly sign and execute this will. We witnessed the signing in the presence of each other and of Joe Blogs. To the best of our knowledge, Joe Blogs is legally empowered to make a will, is of sound mind, and was not under any undue influence to make this will. We understand that a false declaration is considered perjury.
We sign on the ________________(date) ______________ at _____________(location)______________________.
Witness 1
Signature: __________________________________________________
Print your name: __________________________________________________
Address: ________________________________________________________
City, State: ______________________________________________________
Witness 2
Signature: __________________________________________________
Print your name: __________________________________________________
Address: ________________________________________________________
City, State: _____________________________________________________