The following example shows a marked up HotDocs Model that incorporates variable tables.
Colors have been used to distinguish variable fields, If fields, and Repeat fields from the rest of the document text.
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LAST WILL AND TESTAMENT
OF
[ClientName;format=upper]
I, [ClientName;format=upper], of [ClientCityOrCounty], Washington, being of sound and disposing mind, memory, and understanding, do hereby make, publish and declare this to be my Last Will and Testament (this “Will”), hereby revoking all prior wills, codicils, or other testamentary dispositions made by me.
[if:ClientIsMarriedOrHasChildren:
ITEM ONE: IDENTIFICATION
[if:ClientIsMarried:As used in this Will, the word “spouse” refers to [SpouseName;format=upper]. ][if:ClientHasChildren:I have [NumberOfChildren;format=alpha][ClientHasOneChild;merge=child/children] living on the date of execution of this will, [repeat:ChildList;format="a, b, and c":[ChildName;format=upper]]. As used herein, the terms “child” and “children” shall refer to any of my children named herein as such and any children subsequently born to or adopted by me. As used herein, the term “my descendants” shall include all children. A person who has a relationship by or through legal adoption shall take under this will as if the person had the relationship by or through birth.]]
ITEM TWO: FUNERAL PROVISION
I direct my Personal Representative to pay my funeral expenses, including the cost of a suitable marker for my grave, the cost of cremation by a reputable funeral director, and/or the expenses of any memorial service as my Personal Representative may deem appropriate, to be paid from the principal of my residuary estate, free of any limitation or restriction imposed by law with respect to the amount thereof and without the necessity of an order of court.
ITEM THREE: PAYMENT OF TAXES
I direct that all taxes due by me, all federal and state inheritance and estate taxes due and payable by reason of my death, and all expenses of administration of my estate, shall be payable out of the principal of the rest and residue of my estate, and no one shall be required or called upon by my Personal Representative to contribute to the payment of any such taxes.
ITEM FOUR: TANGIBLE PERSONAL PROPERTY
(A) I give and bequeath all automobiles, equipment and machinery, furniture, chinaware, silverware, household furnishings, books, pictures and other similar objects, all clothing, jewelry and all other tangible personal property which I may own at the time of my death in accordance with the Personal Property Memorandum. To the extent this property is not disposed of by such writing, this property shall pass as part of my Residuary Estate.
(B) I direct that any and all expenses related to the maintenance and storage of such tangible personal property after my death, and the transportation and delivery of such property to the beneficiary or beneficiaries, shall be borne by my estate.
ITEM FIVE: DISPOSITION OF RESIDUARY ESTATE
[if:ClientIsMarried: (A) Disposition to Spouse. After the payment of all expenses of administration and other charges payable from my estate, I hereby give, devise and bequeath all the rest, residue and remainder of my estate, real, personal or mixed, wheresoever situated and howsoever acquired (my “Residuary Estate”) unto my spouse, if my spouse survives me.
(B) Disposition to Children and Descendants. If my spouse predeceases me, then my Residuary Estate shall be divided into a sufficient number of equal shares, if more than one (1), so that there shall be set apart therefrom one (1) such share for each of my children as shall survive me, and one (1) such share for the descendants (as a group) of each child of mine who predeceases me, but of whom one (1) or more descendants shall survive me. Any share of my Residuary Estate to which the descendants (as a group) of a deceased child of mine shall be entitled as hereinabove provided shall be further divided into equal shares, so that there shall be set apart therefrom one (1) such share for each child of such deceased child of mine. Subject to ITEM SEVEN of this Will, each share of my Residuary Estate shall be distributed to my respective beneficiaries free of trust.
(C) Alternate Disposition. If none of my spouse, children, or other descendants survive me, then my Residuary Estate shall be distributed, free of trust, to [repeat:BeneficiaryList;format="a, b and c":[BeneficiaryName;format=upper]].
/else: (A) After the payment of all expenses of administration and other charges payable from my estate, I hereby give, devise and bequeath all the rest, residue and remainder of my estate, real, personal or mixed, wheresoever situated and howsoever acquired (my “Residuary Estate”) [if:ClientHasChildren:to my descendants who survive me. If none of my descendants survive me, I give the remainder of my real and personal estate (hereinafter referred to as my “Residuary Estate”) ][if:BeneficiaryIsIndividual:[if:MoreThanOneBeneficiary:in equal shares ]to [repeat:BeneficiaryList;format="a, b and c":[BeneficiaryName;format=upper]]. But if [if:OneBeneficiary:[BeneficiaryGender;merge=he/she]/elseif:TwoBeneficiaries:either /else:any such individual] predeceases me leaving descendants who survive me, [if:OneBeneficiary:my Residuary Estate/else:that individual’s share] shall pass to such descendants[if:MoreThanOneBeneficiary:. If [if:TwoBeneficiaries:either/else:any] such individual predeceases me leaving no descendants who survive me, then that individual’s share shall pass [if:TwoBeneficiaries:to the other individual who survives me or, if the other individual predeceases me, then to the descendants who survive me, collectively, of that other individual/else:in equal shares to each such individual who survives me and to the descendants who survive me, collectively, of each such individual who predeceases me leaving descendants who survive me]]/else: to [BeneficiaryCharityName;format=upper], or its successor in interest].
(B) Whenever property is to be distributed to the descendants of a person (the “ancestor”), such property shall be divided into equal shares, one share for each then living descendant in the first generation below the ancestor in which at least one descendant is living, and one share for each deceased descendant in such generation who has a descendant then living. Each share created for a living descendant shall be distributed to such descendant. Each share created for a deceased descendant shall be divided and distributed according to the directions in the two preceding sentences until no property remains undistributed.
(C) A person who has a relationship by or through legal adoption shall take under this will as if the person had the relationship by or through birth.
ITEM SIX: FAILURE OF BENEFICIARIES
Any property of my estate maturing for ultimate and absolute distribution in respect to which there is no one then living and qualified to take under the foregoing provisions hereof shall be distributed to such person or persons as would have been entitled to receive my estate, and in the same proportions as they would have taken, had I died immediately following the time as of which there is no taker, intestate, unmarried, domiciled in the State of Washington, and the absolute owner of such share, portion of a share or other property then to be disposed of, as the case may be.
ITEM SEVEN: TRANSFERS TO MINORS
If any beneficiary entitled to a share of my estate under the foregoing provisions of this Will shall not have attained the age of twenty-one (21) years at the time for outright distribution of such share, then my Personal Representative shall distribute the share which such beneficiary would have been entitled to receive to such person (including any Personal Representative of mine) as my Personal Representative shall determine, to be held by such person as custodian for such beneficiary under the Washington Uniform Transfers to Minors Act until such beneficiary attains the age of twenty-one (21) years.
ITEM EIGHT: APPOINTMENT OF PERSONAL REPRESENTATIVE
(A) I hereby nominate and appoint [PersonalRepresentativeName;format=upper] to serve as Personal Representative of my estate under this, my Last Will and Testament.[if:AlternatePersonalRepresentativeNominated: If my above-named Personal Representative predeceases me, or survives me and is unable or unwilling for any reason to serve as my Personal Representative, then I hereby nominate and appoint [AlternatePersonalRepresentativeName;format=upper] to serve as my Personal Representative in his/her place and stead.]
(B) I direct that my Personal Representative herein named be excused from the necessity of giving bond.
(C) I confer upon my Personal Representative all powers necessary, proper or convenient for the preservation, management and direction of my estate, and I authorize my Personal Representative to buy, sell, assign, transfer, convey, exchange, divide, invest, reinvest, hypothecate, pledge, mortgage, borrow, lend (with or without security), lease, release, deed, grant options, compromise, arbitrate, consent to or oppose reorganizations, consolidations, mergers or partitions, select depositories for the funds of my estate and from time to time to deposit therein the funds of the estate, employ and pay counsel, and otherwise to deal with the whole or any portion of my estate, real and personal, as my said Personal Representatives may deem to be proper and advantageous to my estate, and to that end, to make contracts, deeds, conveyances, leases, releases, transfers and other instruments in writing, and to receive payment and to do all other acts and things incident thereto, all of which powers shall be exercised without the necessity of prior application to or subsequent ratification by any court.
(D) I further confer upon my Personal Representative all powers necessary, proper or convenient, without filing reports with any court, to continue, incorporate, enter into, or operate any business, whether as a stockholder, general or limited partner, sole or joint owner, or otherwise; to invest whatever assets may be needed in the business; to employ agents to operate the business; to serve in any capacity with the business; to receive reasonable compensation for such services, in addition to compensation for services as a fiduciary; and to reorganize, liquidate, merge, consolidate, or transfer the business or any part of it.
(E) It is my intention, and I hereby declare, that the mention of the above powers is not intended to be a limitation upon the exercise of other powers by my Personal Representative, but that my Personal Representative shall have all powers which my Personal Representative may deem to be necessary, proper or convenient for the advantageous administration of my estate and to carry out the purposes of this Will.
(F) My Personal Representative, while acting in good faith, shall not be liable or held responsible for any loss.
ITEM NINE: MISCELLANEOUS
(A) Governing Law. This Will shall be interpreted pursuant to the laws of the State of Washington, without regard to its conflict of laws principles.
(B) Headings. The item and paragraph headings are for convenience only, and shall have no bearing on the construction or interpretation of this Will.
(C) Severability. If any court of competent jurisdiction or any regulatory agency shall at any time invalidate any of the separate provisions of this Will, such invalidation shall not be construed as invalidating the whole of this Will, but only the separate provision or provisions in controversy. All of the remaining provisions shall be undisturbed as to their legal force and effect.
(D) Context. Gender, singular, or plural shall be interpreted as the context requires.
[if:GuardianNominated:
ITEM TEN: GUARDIAN FOR MINOR CHILDREN
In the event it becomes necessary for a guardian of person and property to be appointed for any child of mine, then I constitute and appoint [GuardianName;format=upper] to serve as guardian of the person and property of any child of mine. [if:AlternateGuardianNominated:Should [GuardianName;format=upper] fail or cease to serve, I name [AlternateGuardianName;format=upper] to be the guardian of the person and property of any child of mine. ]I request that any guardian designated herein or pursuant to the provisions hereof be allowed to qualify as such without being required to give security on any required fiduciary bond.
]
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my seal this [WillExecutionDate;format="dth day of Mn, y";unans="_____ day of _______________, _____"].
_______________________________(SEAL)
[ClientName;format=upper]
The foregoing instrument was SIGNED, SEALED, PUBLISHED and DECLARED by [ClientName;format=upper], as and for [ClientGender;merge=his/her] Last Will and Testament, in the presence of the undersigned, who, at [ClientGender;merge=his/her] request, in [ClientGender;merge=his/her] presence and in the presence of each other, hereunto subscribe our names as attesting witnesses.
_______________________________
Signature of First Witness
[WillWitness1Name]
Address:
[WillWitness1Address]
_______________________________
Signature of Second Witness
[WillWitness2Name]
Address:
[WillWitness2Address][enddocument]
TEXT VARIABLES
Name | Prompt | Resource | Additional |
ClientName | Client full name | ||
ClientCityOrCounty | City or county of residence (e.g., Falls City, Emory County, Sanpete County) | ||
SpouseName | Spouse full name | irrel=hide | |
ChildName | Name of child | ||
PersonalRepresentativeName | Name of personal representative | ||
AlternatePersonalRepresentativeName | Name of alternate personal representative | ||
BeneficiaryName | Name of beneficiary | ||
BeneficiaryCharityName | Name of beneficiary | irrel=hide | |
GuardianName | Name of guardian | irrel=hide | |
AlternateGuardianName | Name of guardian | irrel=hide | |
WillWitness1Name | Name of first witness | warn=no | |
WillWitness1Address | Address | warn=no;height=4 | |
WillWitness2Name | Name of second witness | warn=no | |
WillWitness2Address | Address | warn=no;height=4 |
DATE VARIABLES
Name | Prompt | Resource | Additional |
WillExecutionDate | Date will is executed | warn=no |
TRUE/FALSE VARIABLES
Name | Prompt | Resource | Additional |
ClientIsMarried | Is the client married? | ||
ClientHasChildren | Does the client have children? | ||
GuardianNominated | Does the client want to nominate a guardian for minor children? | ||
AlternateGuardianNominated | Does the client want to nominate an alternate guardian? | ||
AlternatePersonalRepresentativeNominated | Does the client want to nominate an alternate personal representative? |
MULTIPLE CHOICE VARIABLES
Name | Prompt | Resource | Options | Prompts | Additional |
ClientGender | Gender of Client | ClientIsMale/ClientIsFemale | Male/Female | ||
BeneficiaryType | BeneficiaryIsIndividual/BeneficiaryIsCharity | One or more individuals/Charity | irrel=hid | ||
BeneficiaryGender | BeneficiaryIsMale/BeneficiaryIsFemale | Male/Female | irrel=hid |
COMPUTATION VARIABLES
Name | Script |
ClientIsMarriedOrHasChildren | ClientIsMarried or ClientHasChildren |
ClientIsMarriedAndHasChildren | ClientIsMarried and ClientHasChildren |
ClientHasOneChild | count(ChildList) = 1 |
NumberOfChildren | count(ChildList) |
BeneficiaryIsIndividual | BeneficiaryType = "BeneficiaryIsIndividual" |
OneBeneficiary | count(BeneficiaryList) = 1 |
TwoBeneficiaries | count(BeneficiaryList) = 2 |
MoreThanOneBeneficiary | count(BeneficiaryList) = 1 |
DIALOGS
Name | Contents | Resource | Additional |
ClientInformation | ClientName
ClientGender ClientCityOrCounty ClientIsMarried SpouseName ClientHasChildren |
||
ChildList | ChildName | style=spreadsheet | |
PersonalRepresentativeInformation | PersonalRepresentativeName
AlternatePersonalRepresentativeNominated AlternatePersonalRepresentativeName |
||
GuardianInformation | GuardianNominated
GuardianName AlternateGuardianNominated AlternateGuardianName |
||
BeneficiaryInformation | "Identify here the beneficiaries who are to receive the residue of the estate"
BeneficiaryType BeneficiaryCharityName " " BeneficiaryList " " BeneficiaryGender |
||
BeneficiaryList | BeneficiaryName | style=ssonparent; irrel=hide |
INTERVIEW
ClientInformation
ChildList
BeneficiaryInformation
PersonalRepresentativeInformation
GuardianInformation
ExecutionInformation