Your WILL contains the following provisions:

WILL provisions explained:

 

All WILLS contain the following provisions

1. Revokes prior wills:

When you make your WILL, you want it to be clear that the WILL contains the instructions that must be followed when you die.  To make your intentions clear, your WILL revokes any prior will you may have made.   You cannot have two valid wills at the same time.

“I being of sound mind and memory, and not acting under duress or undue influence of any person whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other and former Wills and Codicils to Wills heretofore made by me.”

2. Instructions to pay bills and expenses:

When you die a Court proceeding called Probate is started. Your Estate has an obligation to pay any debts that you owed before your property is distributed to your beneficiaries.

“I DIRECT my Personal Representative to first pay my legal debts duly proven, the expenses of my last illness, funeral and burial expenses, administration expenses, legal fees, all inheritance, estate or similar duties or taxes occasioned by my death, whether or not the property or interest giving rise to such taxes or duties shall have passed under this, my LAST WILL AND TESTAMENT”

3. Appoints your Personal Representative (PR):

You appoint the person you want to be responsible for making sure your wishes, as explained in your WILL, are followed.  Your PR administers your estate, gathers your property and distributes your property to the people you choose.

“I hereby NOMINATE and APPOINT (the person you choose), as my Personal Representative of this my Last Will and Testament to serve without bond.”

4. Provides for a “separate writing” allowed by law:

There are strict legal requirements for making a valid legal will.  However for certain types of personal property the very strict legal requirements have been relaxed allowing you to keep a list that gives certain things to individual people.  This list can be modified without having to amend or make a new will.

“I may leave a writing separate from this Will disposing of some or all of my tangible personal property as allowed by law, or such other provision that currently allows for a separate writing. If I do so, the writing is to be incorporated by reference into this Will or otherwise be legally binding. I direct that it be incorporated or followed and prevail over the residual disposition below. To be valid my separate writing shall be signed by me and describe the item and the person to receive the item with reasonable certainty. This provision shall apply whether the writing is signed by me before or after this Will is executed.”

5. Names your residual benificiaries who receive a percentage of your remaining property:

The main purpose of your WILL is to transfer your property to the people or organizations that you choose (your Beneficiaries).  Your WILL can transfers specific peoperty to specific Beneficiaries.  After the property is transferred to the specific Beneficiaries there may be property remaining called your: residual property.  Your residual property is then given to your residual Beneficiaries.  Your residual Beneficiaries recieve a percentage of your residual property.

“I GIVE, DEVISE and BEQUEATH all of the rest, residue and remainder of my estate, real, personal and mixed whatsoever and wheresoever situated, of which I may die possessed, or which I may have the power to dispose of at my decease as follows: [A list of your residual Beneficiaries and the percentage of your residual property each will receive.]

Your FREE SIMPLE WILL is limited to these first five provisions.  If you have minor children or want more options you will need to choose a BASIC WILL, a DELUXE WILL or a COMPLEX WILL.

6. Names a Guardian for the day to day care of your minor children:

If you have minor children they may need a Guardian to take care of them after your death.  Your WILL allows you to nominate the person you want to be appointed as the Guardian of your minor children.

“In the event any of my children have not reached the age of eighteen (18) years at the time of my death and are in need of a Guardian, I hereby nominate and appoint [the person you believe is best able to care for your children], as the Guardian(s) of my children. I specifically direct that said Guardian(s) herein named shall not be required to furnish any bond or other security to act as such Guardian(s).”

7. Creates a Trust and names a Trustee to manage the property you leave for your children:

If you have minor children or grandchildren they cannot own the property that you want to give them.  A Trust is created to hold the property until they are old enough to take control of the property.  A Trust is a list of rules that determines how your property will be managed until it is given to your beneficiary.  You name a Trustee, a person you trust to manage your Trust until it is distributed. Your WILL includes instructions that create a simple trust that allows the Trustee to use the trust property for the benefit of your beneficiaries until they reach the age that you have selected for distribution of the trust property.

“IN THE EVENT any of my children named as a beneficiary under this will or any other beneficiary under this will has not reached the age of [the age you determine your trust should end] years at the time of my death, then and in that event, I direct that any distribution to that beneficiary, whether real, personal or mixed, and wheresoever the same may be situated, be placed in trust, with [the person you name as the Trustee to manage your trust], acting as Trustee, to have and to hold the same in Trust, with such Trust administered according to the laws of the state of North Dakota, to invest and reinvest the same, collect the income therefrom, and to use the principal and income as follows: To pay such amounts as may be reasonably necessary for the care and support of said beneficiary who have not yet reached the age of [distribution age] years. To pay on their behalf, in the Trustee’s sole discretion, such amounts as may be deemed reasonably necessary for the tuition, room, board and living expenses, as long as they are actively engaged in pursuing a formal college, business or vocational education or its equivalent and are making satisfactory scholastic progress. It is my desire that my Trustee, in distributing funds for pursuing a formal education or its equivalent, encourage them to work during the summer months to pay their own personal expenses while they are pursuing a formal education in order to become self‑supporting and to appreciate the value of an education”

There are some additional basic Trust provisions that establish the Trust agreement provided in a BASIC WILL or a DELUXE WILL.  If you require more detailed or specific trust provisions you must use a COMPLEX WILL.

8. A BASIC WILL for a married couple is limited to creating “mirror wills” where both wills contain the same residual Beneficiaries, the same Guardian and same Trustee:

For a married couple, the spouse is named as the primary beneficiary with residuary beneficiaries named if the spouse does not survive. With a BASIC WILL the Spouse’s will is a mirror image of the Client’s will. (These types of wills are sometimes called “sweetheart” wills.)

“IN THE EVENT any of my children named as a beneficiary under this will or any other beneficiary under this will has not reached the age of [the age you determine your trust should end] years at the time of my death, then and in that event, I direct that any distribution to that beneficiary, whether real, personal or mixed, and wheresoever the same may be situated, be placed in trust, with [the person you name as the Trustee to manage your trust], acting as Trustee, to have and to hold the same in Trust, with such Trust administered according to the laws of the state of North Dakota, to invest and reinvest the same, collect the income therefrom, and to use the principal and income as follows: To pay such amounts as may be reasonably necessary for the care and support of said beneficiary who have not yet reached the age of [distribution age] years. To pay on their behalf, in the Trustee’s sole discretion, such amounts as may be deemed reasonably necessary for the tuition, room, board and living expenses, as long as they are actively engaged in pursuing a formal college, business or vocational education or its equivalent and are making satisfactory scholastic progress. It is my desire that my Trustee, in distributing funds for pursuing a formal education or its equivalent, encourage them to work during the summer months to pay their own personal expenses while they are pursuing a formal education in order to become self‑supporting and to appreciate the value of an education”

Your BASIC WILL is limited to these first eight provisions.  If you want more options you will need to choose, a DELUXE WILL or a COMPLEX WILL.

9. DELUXE WILL or COMPLEX WILL does not require your spouse’s will to be a  “mirror” will.

 

Both wills can name different residual Beneficiaries, a different Guardian and a different Trustee.

10. You can make specific gifts to individuals or charities.

 

Specific individual bequests (gifts) of property or money can be made to specific individuals, organizations or charities.  These specific gifts are distributed first with any remaining property considered your residuary property and distributed to your residual Benficiaries.

A. I GIVE, DEVISE and BEQUEATH the following specific gifts:  (gifts are listed)

If a Beneficiary of a specific gift does not survive me to collect his or her specific gift, that specific gift shall pass to the surviving issue of that deceased Beneficiary per stirpes, if the Beneficiary does not have any surviving issue, then that share shall become part of my residuary estate.

B. AND, I GIVE, DEVISE, and BEQUEATH the residue of my estate to:

11. You can your include a personal statement in your WILL.

 

Your personal statement can include any information you want  You can explain why you gave certain gifts.  You can request your PR to hold a reading of your WILL for your Beneficiaries.

 “I direct my Personal Representative to schedule a reading of this my LAST WILL AND TESTAMENT and notify all of my family, heirs and beneficiaries of the time and place of the reading of my LAST WILL AND TESTAMENT. The reading of my will shall start with this statement to my family, heirs and beneficiaries:”

12. Your WILL can include instructions for your funeral or burial instructions.

 

 “I DIRECT my Personal Representative to take all actions necessary to comply with these instructions concerning my funeral and burial. No different funeral or burial arrangements may be made or entered into by my heirs or by my Personal Representative. Further the power of my Personal Representative is limited to only pay funeral and burial expenses from my estate that are consistent with these instruction. My instructions are:

 

Your DELUXE WILL is limited to these twelve provisions.  If you want more options you will need to choose a COMPLEX WILL.

A COMPLEX WILL can contain special trust provisions, provide for specific beneficiaries under special circumstances and address any other concerns that you have that are not included in the other types of wills.