Free Will For Married Couple Agreement Form Template

Will For Married Couple Agreement Form

I. The Couple

We, Husband's Name and Wife's Name, married out of Community of Property to each other as husband and wife, with our primary place of residence at Address, hereby declare and sign this document to be our Last Will and Testament on Month Day, Year. By the execution of this will, we revoke all prior wills and codicils made by us, or created by either of us.

II. Joint Children

During the marriage, we have Number joint children, namely:

  1. Child's Name, born on Month Day, Year and is Ageyears old. We intend for this child to receive an equal share of our estate as outlined in Section V.

  2. Child's Name, born on Month Day, Year and is Ageyears old. This child will also receive an equal share of our estate, in accordance with the provisions in this will.

  3. Child's Name, born on Month Day, Year and is Ageyears old. This child is likewise entitled to an equal portion of the estate as detailed in Section V.

III. Mutual Agreements Upon Death

It is mutually agreed upon by us and with each other that:

A. Death of One Spouse

Upon the death of one spouse, the surviving spouse shall inherit all property, assets, and possessions unless otherwise stated in this will. The intention is for the surviving spouse to manage and utilize these assets for their support and well-being until their own death.

B. Event of Death of Both Spouses

In the event that both of us die within Number days apart, the estate shall be distributed equally among our children as stated in Section V. Should any child predecease us, that child’s share shall pass to their descendants, per stirpes.

C. Common Funeral Arrangements

We request that a joint funeral or memorial service be held if both of us pass away within a close time frame. The service should reflect our mutual wishes for simplicity and be attended by close family and friends. The location and arrangements should be handled by the executor in consultation with our family.

IV. Appointment of Executors

We appoint each other as the executor of this will. The surviving spouse shall have full authority to administer, manage, and distribute the estate in accordance with the terms of this will, without requiring the approval of any court. The executor shall pay any debts, expenses, and taxes owed by the estate from its assets.

In the event that the survivor dies, or the surviving spouse is unable or unwilling to serve as the executor, Alternate Executor's Name residing at Alternate Executor's Address shall be appointed as the executor ("Alternate Executor"). The Alternate Executor shall have all powers necessary to settle the estate, including the right to sell or dispose of assets, pay debts and expenses, and distribute the remaining estate in accordance with this will. The executor shall act with full discretion, but with a duty to carry out the terms of this will as faithfully as possible.

V. Distribution of Assets

A. Immovable Property

  1. Our primary residence located at Address shall be bequeathed to Name(s), who shall have equal rights of possession, use, and ownership of the property. In the event that the named beneficiaries cannot take possession, the property shall be sold, and the proceeds distributed equally among our children.

  2. Any other immovable properties owned by us shall be sold, and the net proceeds from these sales shall be divided equally among our children. This distribution should be conducted promptly, with all reasonable steps taken to maximize the value of the estate.

B. Movable Property

  1. All personal belongings, including furniture, vehicles, and household items, shall be divided equally among our children or sold if they cannot reach an agreement on distribution. If sold, the proceeds shall be distributed equally among the beneficiaries listed in Section II.

  2. Items of significant sentimental or personal value may be distributed according to the wishes expressed by either of us in a letter of instruction or memorandum attached to this will.

C. Bank Accounts, Investments, and Financial Assets

  1. All bank accounts, stocks, bonds, and other financial assets held in our names shall be liquidated and the net proceeds divided equally among our children. Any costs associated with the liquidation of these assets shall be paid out of the estate prior to distribution.

  2. Any retirement accounts or pension benefits shall be distributed to the named beneficiaries as per the applicable laws and regulations governing such accounts. In cases where no beneficiary is named, these shall be treated as part of the residuary estate.

VI. Guardianship

A. Nomination of Guardian

In the event of our simultaneous deaths or the death of the surviving spouse, we nominate Guardian's Name, residing at Guardian's Address, as the legal guardian of our minor children. This person shall have the authority to make all decisions regarding the care, upbringing, and welfare of our children.

B. Alternate Guardian

If the primary guardian is unable or unwilling to act, we nominate Alternate Guardian's Name, residing at Alternate Guardian's Address, as the alternate guardian. The alternate guardian shall assume all rights and responsibilities of guardianship in the event that the primary guardian cannot fulfill their duties.

VII. Residuary Estate

Any residue of our estate, not specifically bequeathed or otherwise disposed of under this will, shall be divided equally among our children listed in Section II. If any child predeceases us, their share shall pass to their descendants, per stirpes. Should there be no descendants, that share shall be divided equally among the surviving children or their descendants.

VIII. Special Instructions

A. Funeral Arrangements

  1. We wish to be cremated/buried according to our respective preferences, and our ashes/remains should be interred at Location. If both of us die within a close period, a joint memorial service should be conducted to honor our lives together.

  2. Our funeral or memorial service should be modest, reflecting our values and attended by family and close friends. We request that any expenses related to these arrangements be paid from our estate.

Charitable Donations

  1. We direct that a donation of Amount be made to Charity Name, located at Charity Address. This donation should be made as soon as practicable after our deaths and be funded from our estate prior to any distribution to beneficiaries.

  2. Additional donations may be made to charities or causes we supported during our lifetime, at the discretion of the executor, provided such donations do not significantly reduce the estate's value available for distribution to our beneficiaries.

IX. Execution of Will

We declare this document to be our Last Will and Testament, and we sign our names below in the presence of the undersigned witnesses. These witnesses, Witness' Name and Witness' Name attest to our signatures and affirming that this document represents our joint and mutual intentions.

Husband

Name:

Date:

Wife

Name:

Date:

Attestation

On the date first above written, Husband's Name and Wife's Name, who are personally known to us, declared in our presence that this document is their joint and mutual last will and testament. They signed this document freely and voluntarily, appearing to be of sound mind and free from undue influence.

We, the undersigned, at their request, and in their presence, and in the presence of each other, do hereby sign our names as witnesses. We affirm that we have witnessed the signing of this will and that, to the best of our knowledge, they were acting of their own free will at the time of signing.

Witness

Name:

Date:

Witness

Name:

Date:

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