MyWill™ - Sample Last Will and Testament

Last Will and Testament

THIS IS THE LAST WILL AND TESTAMENT of me, Mr. John Peter Smith, of Toronto, in the Province of Ontario, Canada.

1. REVOCATION

I HEREBY REVOKE all former wills, codicils and other testamentary dispositions made by me.

2. EXECUTORS

I NOMINATE, CONSTITUTE and APPOINT my wife, Jane Smith, of 1634 Dundas Avenue, Toronto, Ontario, to be the Estate Trustee, Executor, and Trustee of this my Will, provided that there should be at all times one (1) Estate Trustee, Executor and Trustee of this my Will so that in the event that my above-named Estate Trustee, Executor and Trustee shall have predeceased me or shall survive me but die before the trusts hereof shall have terminated or shall be unable or unwilling to act or to continue to act, I appoint, in the following order of priority, such one of the persons hereinafter named as shall not already be acting and as shall be able and willing to act to fill the vacancy so created, namely, my friend, Cindy Jones, of 166 Bayview Avenue, Apt. A-43, Toronto, Ontario, then my brother, Albert Smith, of Minneapolis, Minnesota, U.S.A.. References to "my Trustee" in this my Will shall include each Estate Trustee, Executor and Trustee of my Will, my estate or any portion thereof who may be acting as such from time to time whether original or substituted and whether one or more.

3. PROPERTY TO TRUSTEE

I GIVE, DEVISE, AND BEQUEATH all of my property of every nature and kind and wheresoever situate, including property over which I may have a general power of appointment, to my Trustee upon the following trusts, namely:

Debts, Expenses and Taxes

1. To pay out of my general estate my debts, funeral and testamentary expenses.

2. To pay out of my general estate all income taxes, estate, inheritance and succession duties or taxes whether imposed by or pursuant to the law of this or any other jurisdiction whatsoever that may be payable in connection with any property passing on my death or in connection with any insurance on my life or any gift or benefit given or conferred by me either during my lifetime or by survivorship or by this my Will or any codicil hereto and whether such duties or taxes be payable in respect of estates or interests which fall into possession at my death or at any subsequent time.

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