Free Last Will and Testament Template

LAST WILL AND TESTAMENT

Of James William Chen  ·  Governed By The Law Of The State Of California

I, James William Chen, a resident of 742 Evergreen Terrace, Los Angeles, CA 90001, in the State of California, being of legal age, of sound mind and disposing memory, and not acting under duress, menace, fraud, or undue influence of any person, do hereby make, publish, and declare this instrument to be my Last Will and Testament, and do hereby revoke any and all former wills, codicils, and testamentary dispositions heretofore made by me.

I declare that I am married, married to Sarah Lin Chen. I have the following children, all of whom I hereby declare: Emily Chen (born 2012), Ryan Chen (born 2015). I intend this Will to govern the distribution of my entire estate, both real and personal, wherever situated. This Will is executed in compliance with the formal-execution requirements of the Uniform Probate Code §2-502 as enacted in the State of California (Cal. Prob. Code §§6110, 6112), which require (i) a writing, (ii) the signature of the testator (or another at the testator's direction and in the testator's conscious presence), and (iii) the signatures of 2 competent witnesses who witnessed either the signing or the testator's acknowledgment of the signature.

I direct my Executor to pay, as soon as reasonably practicable after my death and from available estate funds, all of my legally enforceable debts, costs of last illness, funeral and burial expenses (including a memorial service if my Executor deems appropriate), and all costs and expenses of administration of my estate, including attorney's fees and court costs. My Executor shall have the discretion to negotiate, settle, or contest any claims against my estate. My Executor is further authorized and directed to file all required federal and state estate, inheritance, gift, and fiduciary income tax returns, including, if applicable, U.S. Form 706 under IRC §6018, and to claim the unified credit against estate tax under IRC §2010 and the charitable deduction under IRC §2055 to the extent available. All estate, inheritance, and succession taxes (if any) shall be paid from the residuary estate, without apportionment against any specific devise or non-probate transfer, unless applicable law requires otherwise.

I hereby nominate, constitute, and appoint Margaret Ann Torres, my Sister, of 500 Pine Street, Seattle, WA 98101, as the Executor (also referred to as "Personal Representative") of this Will. If my primary Executor is unable or unwilling to serve, I nominate David Robert Nguyen, my Brother-in-law, of 100 Oak Avenue, Portland, OR 97201, as Alternate Executor. I authorize my Executor to serve without bond or surety, and I grant my Executor full power and authority, consistent with UPC §§3-703 and 3-715 (or the analogous state fiduciary statutes), to: (a) collect, manage, invest, and reinvest estate assets; (b) sell, lease, or encumber real or personal property; (c) pay debts, taxes, and expenses; (d) distribute assets to beneficiaries; (e) retain professional counsel; and (f) take any and all actions reasonably necessary to administer my estate, with or without prior court approval. My Executor shall exercise the duties of prudent administration and impartial loyalty to the beneficiaries, and shall comply with the informal or supervised probate procedures provided under the probate code of the State of California.

I give, devise, and bequeath all of my property, real, personal, and mixed, of whatever kind and wherever situated, that I own or to which I am entitled at the time of my death (the "Residuary Estate"), after payment of all debts, taxes, expenses, and any specific bequests made under this Will, in equal or proportionate shares as follows: (a) 60% to Sarah Lin Chen (my Spouse); (b) 40% to Emily Chen (my Daughter). If the above-named beneficiaries predecease me or fail to survive me by thirty (30) days, then I give the Residuary Estate to Ryan William Chen, my Son. Any beneficiary who fails to survive me by thirty (30) days shall be deemed to have predeceased me, consistent with the 120-hour survival rule of UPC §2-702 (or the analogous state enactment), and that beneficiary's share shall pass to surviving beneficiaries in proportion to their shares, or, if none, as provided herein. If any devise to a beneficiary who is a grandparent, or a descendant of a grandparent, of the Testator lapses because the beneficiary fails to survive, that share shall pass to the beneficiary's surviving descendants by right of representation in accordance with the anti-lapse statute codified at UPC §2-603 and the counterpart statute of the State of California.

This Will is ambulatory and may be revoked, in whole or in part, at any time by a subsequent writing executed with the formalities of Cal. Prob. Code §§6110, 6112, or by a physical act of revocation (burning, tearing, canceling, obliterating, or destroying) performed with the intent to revoke, as provided by UPC §2-507 and the analogous revocation statutes of the State of California. Because the State of California is a community property jurisdiction (Cal. Fam. Code §§760–770), my surviving spouse retains his or her one-half undivided interest in our community property by operation of law, separate and apart from any disposition in this Will. I intend this Will to dispose only of my one-half community interest and all of my separate property. Nothing herein shall be construed to override the spousal community-property regime or any spousal homestead or family-allowance rights conferred by State of California law.

In the event of my death, I hereby nominate and appoint Linda Grace Torres, my Sister, of 300 Oak Lane, Austin, TX 78701, as guardian of the person (and, if no separate trustee is appointed, of the estate) of each of my minor children surviving me. If the above-named guardian is unable or unwilling to serve, I nominate Robert James Nguyen, my Uncle, of 77 Maple Court, Denver, CO 80202 as Alternate Guardian. I request that the court of probate in the State of California give greatest weight to my expressed nomination. My guardian shall serve without bond and shall have the authority to make all decisions regarding the education, health, welfare, and general upbringing of my minor children in a manner consistent with my known values and wishes.

I make the following specific bequests, to be distributed by my Executor as soon as practicable after my death, free of any encumbrances if possible:

(a) [Cash Gift] $10,000 USD — to Maria Chen, my daughter.
(b) [Personal Property] Vintage Rolex watch (reference 1675) — to Ryan Chen, my son.

If any specific beneficiary named above predeceases me, that specific bequest shall lapse and the gifted property shall become part of my residuary estate, consistent with the lapse rule of UPC §2-603 as enacted in the State of California.

Pursuant to the Revised Uniform Fiduciary Access to Digital Assets Act ("RUFADAA") as enacted in the State of California (adopted, with state-specific variations, in 46+ U.S. jurisdictions), I hereby grant my Executor the lawful consent required under 18 U.S.C. §2701 et seq. (Stored Communications Act) and the federal Computer Fraud and Abuse Act, 18 U.S.C. §1030, to access, manage, control, copy, delete, and distribute all of my digital assets and digital accounts, including but not limited to: (a) email accounts and the content of electronic communications; (b) social media accounts; (c) financial accounts accessed online, including brokerage and cryptocurrency wallets and exchanges; (d) cloud storage accounts and digital files; (e) domain names and websites; and (f) any other digital property in which I have an ownership interest. This Will shall serve as the testator's affirmative direction under RUFADAA §4 (Uniform Law Commission numbering; see the corresponding section of the California enactment), overriding any contrary online tool or default terms-of-service provision and authorizing disclosure of both the catalog and content of electronic communications to my Executor to the fullest extent permitted by law. My Executor shall have full authority to take all actions available to me under applicable terms of service, to close or memorialize accounts as appropriate, and to convert or liquidate digital assets in accordance with my wishes as otherwise expressed in this Will. Cryptocurrency, NFT, and on-chain assets shall be distributed in accordance with any specific bequest under Article 6, and, absent such a bequest, shall pass through the residuary estate.

Specific digital assets / instructions:
Google account, LastPass vault, Fidelity brokerage account, Coinbase (BTC/ETH)

I direct that my Executor ensure that Max, Luna (Golden Retriever, Tabby Cat) be transferred to the care of Karen Louise Park, of 88 Willow Way, San Jose, CA 95101, whom I trust to provide a loving and suitable home. I bequeath the sum of $5,000 for ongoing care and veterinary expenses to Karen Louise Park to be used exclusively for the ongoing care, feeding, veterinary treatment, and general welfare of my pet(s). This pet-care provision is intended to be enforced as a statutory pet trust to the fullest extent permitted by UTC §408 (or the analogous pet-trust statute of the State of California). If Karen Louise Park is unwilling or unable to accept custody of my pet(s), my Executor is directed to find a suitable alternative caretaker or to donate my pet(s) to a reputable animal shelter or rescue organization. It is my express wish that my pet(s) remain together if possible and be placed in a home with adequate space, time, and resources for their proper care.

If any beneficiary under this Will, or any person claiming under or through any such beneficiary, shall contest this Will or any provision thereof, or shall institute or join in any action or proceeding to oppose the probate of this Will, to set aside or vary any provision of this Will, or to impair or invalidate any provision of this Will, then any share or interest in my estate given to or for such person under this Will shall be revoked and shall pass to the remaining beneficiaries named herein as if such contesting person had predeceased me.

State-specific enforceability: Under the law of the State of California, this clause is enforceable only against contests brought without probable cause (Cal. Prob. Code §21311).

This Will shall be signed by the Testator at the end, in the presence of 2 (two) competent witnesses who are at least eighteen (18) years of age, who are not beneficiaries under this Will (to avoid the purging provisions of UPC §2-505 and the corresponding interested-witness statutes such as Cal. Prob. Code §6112 and N.Y. EPTL §3-3.2), and who shall sign in the presence of the Testator and of each other, as required by Cal. Prob. Code §§6110, 6112. If the State of California has enacted the harmless-error rule of UPC §2-503 (or an equivalent provision such as Cal. Prob. Code §6110(c)(2)), any minor defect in execution shall not defeat the validity of this Will upon clear and convincing evidence of the Testator's intent.

Governing Law: This Will shall be construed, interpreted, and administered in accordance with the laws of the State of California, including the probate code of that State as it incorporates or modifies the Uniform Probate Code. Severability: If any provision of this Will is held invalid, it shall be severed and the remainder of this Will shall continue in full force and effect. Per Stirpes Distribution: Unless expressly stated otherwise, all distributions under this Will shall be made per stirpes, meaning that if any beneficiary predeceases me and leaves descendants, those descendants shall take the share the beneficiary would have taken in equal shares by right of representation. Pour-Over Integration: Any devise to a trust established by me during my lifetime (or by this Will) shall be construed to incorporate such trust by reference to the fullest extent permitted by the Uniform Testamentary Additions to Trusts Act (UTATA) and UPC §2-511. Self-Proving Affidavit: A self-proving affidavit executed before a notary public pursuant to Cal. Prob. Code §8220, if attached hereto, shall establish prima facie evidence of due execution and dispense with the live testimony of witnesses at probate. Gender and Number: Wherever the context requires, the masculine shall include the feminine and neuter, and the singular shall include the plural, and vice versa.

NOTARY ACKNOWLEDGMENT

State of ________________________, County of ________________________

On this ______ day of ________________________, 20______, before me personally appeared James William Chen, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.