Mar 28th, 2008, 22:06 | #1 |
华枫家庭,离婚问题 专家
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【原创】遗嘱样本(sample)-Alberta
越来越多的人向我索要遗嘱的样本,现把一个简单的sample提供如下。注意,以下样本仅供参考。参阅人自己要承担一切责任,一切后果,本人不承担任何责任。 ********************** LAST WILL AND TESTAMENT THIS IS THE LAST WILL AND TESTAMNET of me, , presently of the of in the Province of Alberta. PART 1 – INITIAL MATTERS 1. REVOCATION: I hereby revoke all former Wills and Codicils. 2. APPONTMENT OF EXECUTORS AND TRUSTEES: (a) I appoint to be the Executor of may Will if survives me. (b) If my fails to survive me or is unable or unwilling to act as the Executor of my Will, I appoint Execut of my Will and Trustee of the trusts created by this Will. (c) I refer to my Execut or my Execut and Trustee whether original, substituted or surviving, as my “Trustees”. 3. FUNERAL INSTRUCTIONS: It is my wish that following my death my remains be cremated. 4. JOINT ACCOUNTS: I declare that the beneficial interest in any deposit account in any bank, trust company or other institution authorized to accept deposits and which shall at the time of my death be in the joint names of myself and , or on which my shall have the right to draw cheques, shall on my death, pass to my by survivorship. PART II - DISPOSITION OF ESTATE 5. ESTATE TO TRUSTEES: I give and appoint to my Trustees all my property wherever located, including any property over which I may have a general power of appointment, upon the following trusts: (a) APYMNET OF DEBTS: To pay my legally enforceable debts, funeral expenses and all expenses incurred in connection with the administration of my estate. (b) SPECIFIC BEQUESTS AND LEGACIES: (i) If my , shall survive me for a period of thirty (30) days, I give, devise and bequeath all of my estate both real and personal of whatever kind and wheresoever situate and over which I may have any power of appointment to my said for own absolute use. (ii) If my does not survive me, I direct that such specific bequest form part of the residue of my estate. (iii) Further, I may leave a memorandum regarding the disposition of personal items and although it may not be binding by law, it is my wish that my Trustees in consultation and agreement with my , follow such memorandum as though it formed a part of my Will. (c ) RESIDUARY BENEFICIARIES: (i) If my , does not survive me, to divide the full residue of my estate equally among my two (2) daughters, . (ii) If any of my fail to survive me, to divide and deliver the share they would have received by reason of this Will equally among their children and failing such children, to go to the surviving sister. (iii) I direct that under this Will my “daughters’ children’ refers only to their natural lineal children. (iv) I further direct that my Trustees set aside the share of any infant beneficiary under the age of eighteen (18) years of age, to keep that share invested and to pay the income or capital of that share or as much of either or both as my Trustees consider advisable for the maintenance, education, advancement or benefit of that infant and to pay or transfer the capital or the amount remaining to that beneficiary when he or she has passed h9is or her eighteen (18) birthday. (v) I further direct that if one of my wishes to purchase the home property located in , Alberta from the remaining daughter, she shall be given that option, commencing with the youngest daughter to the oldest, the value of such property to be the fair market value at the time of my death. PART III – ADMINISTRATION OF ESTATE 6. POWER OF TRUSTEE: To carry out the terms of my Will and the Trust created by my Will I give my Trustees the following powers: (a) Power to Realize Estate: (i) To use their discretion in the realization of my estate with power to sell, call in and convert into money at any time and upon any terms which they may choose, or to postpone the realization of my estate or any part of my estate for whatever length of time they may choose. (ii) To retain any assets of my estate, in whole or in part, in the form in which they are at my death until they are distributed, sold or otherwise disposed or, even though they are not authorized by law as trustees’ investments. (b) Payment of Taxes: To prepay or commute all or any part of those income taxes for which my estate is or may become liable, or to postpone the payment of all or any part of those taxes and to make any election or allocation under the Income Tax Act which my Trustees consider from time to time to be in the best interest of my estate and the beneficiaries of my estate. The exercise by way of my Trustees of their discretion shall be binding upon all beneficiaries of my estate, even though an advantage may be conferred upon one beneficiary at the expense of another beneficiary and even though an even hand is not maintained amongst the beneficiaries of my estate. (c ) Transfer of Assets: To distribute my estate or pay any share or interest in it, either wholly or in part, by transferring some, or all, of the assets forming my estate at the date of my death or the date of distribution. For the purpose of such distribution my Trustees may determine the value of the assets transferred in such manner as to ensure equality amongst the beneficiaries of my estate and if my Trustees do determine those values, that determination is binding upon all beneficiaries of my estate. (d) Allocation of Funds: To determine in their discretion whether funds received by my estate are received as capital or income. 7. CAPITALIZATION OF INCOME: Any income accruing to a share of my estate which is not paid to the beneficiary of that share shall be added to the capital of such share and be dealt with as a part of that capital. 8. SURVIVORS: Any beneficiary under this Will who does not survive me for thirty (30) days shall be deemed to have predeceased me. 9. HEADINGS: The heading in this Will are for convenience only and do not form part of this Will. IN WITNESS WHEREOF I have to this my Last Will and Testament, written upon this and the five (5) preceding pages, subscribed my name this day of A.D. 200 . SIGNED PUBLISHED AND DECLARD by ) the said ) Testate as and for Last) Will in the presence of us, both ) present at the same time, who at ) ______________________________ Request, in presence and ) in the presence of each other have ) hereunto subscribed our names as witnesses. ) ____________________________________ ________________________________ Witness Witness ___________________________________ _________________________________ Address Address __________________________________ __________________________________ Occupation Occupation |
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