Examples of Wills
A Will (also known as a Last Will and Testament ) is a document that outlines your wishes regarding what should happen to your property after you pass away.
It establishes legally binding directions, ensures that your loved ones are protected, and helps simplify the process for those you leave behind.
In order that you may see what a Will might look like, we present you 3 Will scenarios, broken down and summarised in easy-to-understand language, and with an example Will to preview.
Scenario #1 - Married Couple with Kids
Robert and Mary Wallace are a married couple. Robert is 45 years old and Mary is 42 years old. They have a son, Michael, who is 15, and a daughter, Jessica, who is 9. They do not plan on having any more kids.
As a couple, they both want Wills.
They click Start for Free and select the Matching Wills for a Couple option that is available in our Will-Building Questionnaire there.
By completing the questions and forms they quickly obtain the best set of Wills that cover themselves and their family.
According to their Wills, when the first spouse among them dies, that spouse's assets will shift to the surviving spouse. Then after that spouse has passed, their assets will go to their children equally. And finally, anticipating all possibilities, if any of their children is not alive but has had their own children (grandchildren to Robert and Mary) then their portion will instead go to those children.
Also, in an emergency scenario where both Robert and Mary have died where at least one of their children is under 18, they want Robert's brother, Phillip Wallace, to be their children's Guardian.
You can see a plain English summary of this Will Plan in the next section.
In the section after that, you can see free partial previews of official Wills for Robert and Mary Wallace. You can see the actual legal language in use.
Robert Wallace and Mary Wallace's Will Plan
- To Partner
- To Children
- To Grandchildren (if any)
Property
Primary Intention
When the first partner among Robert and Mary Wallace dies, their property shall go to the second, surviving partner.
Alternate Scenario
When the second, surviving partner among Robert and Mary Wallace dies, their property shall go in equal parts to whoever is then alive of their son, Michael Wallace, and their daughter, Jessica Wallace.
Alternate Scenario
If a child of Robert and Mary Wallace's above is not alive at the time of their death but has left children of their own then alive, then the interest as to their property they would have received had they been alive shall instead go in equal parts to such children of their own.
Executors
Primary Intention
When the first partner among Robert and Mary Wallace dies, their Executor shall be the second, surviving partner.
Alternate Scenario
When the second, surviving partner among Robert and Mary Wallace dies or cannot or will not act as Executor, their Executors shall be whoever is alive and not a minor of their son, Michael Wallace, and their daughter, Jessica Wallace.
(In the event that an Executor is needed but no one above is alive and able and willing to act as one, a suitable person may apply to Court to act as Executor.)
Guardians
Primary Intention
When the second, surviving partner among Robert and Mary Wallace dies, their minor childrens' Guardian shall be Phillip Wallace, if he is alive.
Preview Last Will and Testament of Robert Wallace (Scenario #1)
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THIS IS THE LAST WILL AND TESTAMENT of me, Robert Wallace.
1. REVOCATION
I hereby revoke all Wills and Codicils that I have previously made.
2. APPOINTMENT OF EXECUTOR
I appoint my wife, Mary Wallace, as my Executor under this my Will.
If my wife, Mary Wallace, is not alive or is unable or unwilling to act as my Executor, I appoint as my Executors, jointly, in her place instead, such of my son, Michael Wallace, and my daughter, Jessica Wallace, who are alive, have attained the age of majority, and are able and willing to act.
Any reference in my Will to "my Executor" or "my Trustees" shall be interpreted to include such changes in number and/or gender as the context requires. In addition, the term "my Trustees" shall include, where the context permits, the Executor, Executrix, Executors, Executrices, the Estate Trustee(s) and the Personal Representative(s) for the time being, whether original, additional or substitutional.
3. DISPOSITION OF MY ESTATE
I give all of my real property and all of my personal property, wherever the same may be located, including any property over which I may have a power of appointment, to my Trustees upon the following trusts.
i. Debts, Funeral Expenses and Taxes
I direct my Trustees to pay, out of the residue of my estate, my just debts, funeral and testamentary expenses, income taxes and all other levies (such as estate taxes, inheritance taxes and succession duties) payable in connection with any property passing or deemed to pass upon my death and on any gift or benefit conferred by me under this my Will as well as the expenses of administering my estate.
ii. Residue
I direct my Trustees to deliver the residue of my estate to my wife, Mary Wallace, if she is alive at the time of my death.
If my wife, Mary Wallace, is not alive at the time of my death, I direct my Trustees to divide the interest as to the residue of my estate to which my said wife would have been entitled had she been alive at the time of my death in equal shares among such of my son, Michael Wallace, and my daughter, Jessica Wallace, who are then alive.
If either of my son, Michael Wallace, or my daughter, Jessica Wallace, is not alive at the time of my death but has left issue then alive, I direct my Trustees to divide the interest as to the residue of my estate to which such beneficiary would have been entitled had they been alive at the time of my death among their issue then alive in equal shares per stirpes.
4. APPOINTMENT OF GUARDIANS
I appoint Phillip Wallace to have custody of my children who, at the time of my death, have not yet attained the age of majority and have no parents left then alive.
I request my guardians to apply to a court of competent jurisdiction within ninety (90) days of my death for appointment as the custodian and guardian of the property of such minor children (expenses associated with such application to be paid out of the residue of my estate).
5. INTEREST OF MINORS
If any person should become entitled to a share of my estate before the attaining the age of majority, my Trustees shall hold such share in trust and invest it for the benefit of such person.
Except as may be otherwise provided in this my Will, I authorize my Trustees to apply such amounts from the income and capital of such share as my Trustees, in their absolute discretion, consider advisable, for the care, maintenance, education, advancement in life or other benefit of such person until he or she attains the age of majority, at which time my Trustees shall pay or transfer such share, or the part thereof remaining, to him or her.
Any net income derived from such share which is not paid to or applied for the benefit of such person in any year shall be accumulated and added to the capital of such person's share.
Any payment or transfer which, pursuant to this my Will, may be made to or on behalf of a beneficiary under the age of majority, may be effected by payment or transfer to such beneficiary or to his or her parent, to his or her guardian, or to such other person standing in loco parentis to such beneficiary.
6. SURVIVORSHIP
Where circumstances are such that I have died, a person named in or contemplated by this my Will has died, and it is unknown which of us predeceased the other, then such other person shall be deemed to have predeceased me.
If, as the result of such a deemed predecease, a double payment of a cash legacy that is mirrored in my and such person's Wills must be made, then, if I was the later born of such other person and me, such cash legacy in my Will shall not take effect and shall lapse.
7. JURIDICAL PERSONS
Where in my Will, "alive", is used in respect of a non-natural person, such as, without limitation, a corporation, trust, or charity, such language shall assume the non-biological connotation of, "remain(s) in existence, even if known by another name".
With respect to any payment or transfer which, pursuant to this my Will, may be made to a beneficiary which is a charity, such gift is general in nature and may be used for whatever purpose that such charitable beneficiary wishes.
8. MEMBERS OF A RELATIONSHIP CLASS
Unless otherwise specifically provided, any generalized reference in this my Will to a class of persons in terms of their relationship to another person (for example, by use of words such as "my/his/her/their issue" or "my/his/her/their children") shall not include a person born outside marriage, nor a person who comes within the description traced through another person who was born outside marriage, except that:
i. Any person who was born outside marriage but whose natural parents subsequently married one another shall be regarded as having been born in lawful wedlock to those parents;
ii. Any person who has been legally adopted shall be regarded as having been born in lawful wedlock to the adopting parent;
iii. Any child, conceived but unborn, whose natural parents are then married to one another shall be regarded as having been born in lawful wedlock to those parents
iv. If, in the unanimous opinion of my Trustees, an individual has demonstrated a settled intention to treat another as his or her child, the recipient of such treatment shall be deemed to be a child of such individual.
9. EXCLUSION FROM COMMUNITY OF PROPERTY
I declare that all property passing to any person, whether as a result of my death or as a result of a gift made by me during my lifetime, as well as any property into which such property can be traced, together with all income from any such property, shall not fall into the community of property that may exist between such beneficiary and his or her spouse, and shall remain the sole and separate property of such beneficiary, free from all matrimonial rights or controls by his or her spouse.
Preview Last Will and Testament of Mary Wallace (Scenario #1)
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THIS IS THE LAST WILL AND TESTAMENT of me, Mary Wallace.
1. REVOCATION
I hereby revoke all Wills and Codicils that I have previously made.
2. APPOINTMENT OF EXECUTOR
I appoint my husband, Robert Wallace, as my Executor under this my Will.
If my husband, Robert Wallace, is not alive or is unable or unwilling to act as my Executor, I appoint as my Executors, jointly, in his place instead, such of my son, Michael Wallace, and my daughter, Jessica Wallace, who are alive, have attained the age of majority, and are able and willing to act.
Any reference in my Will to "my Executor" or "my Trustees" shall be interpreted to include such changes in number and/or gender as the context requires. In addition, the term "my Trustees" shall include, where the context permits, the Executor, Executrix, Executors, Executrices, the Estate Trustee(s) and the Personal Representative(s) for the time being, whether original, additional or substitutional.
3. DISPOSITION OF MY ESTATE
I give all of my real property and all of my personal property, wherever the same may be located, including any property over which I may have a power of appointment, to my Trustees upon the following trusts.
i. Debts, Funeral Expenses and Taxes
I direct my Trustees to pay, out of the residue of my estate, my just debts, funeral and testamentary expenses, income taxes and all other levies (such as estate taxes, inheritance taxes and succession duties) payable in connection with any property passing or deemed to pass upon my death and on any gift or benefit conferred by me under this my Will as well as the expenses of administering my estate.
ii. Residue
I direct my Trustees to deliver the residue of my estate to my husband, Robert Wallace, if he is alive at the time of my death.
If my husband, Robert Wallace, is not alive at the time of my death, I direct my Trustees to divide the interest as to the residue of my estate to which my said husband would have been entitled had he been alive at the time of my death in equal shares among such of my son, Michael Wallace, and my daughter, Jessica Wallace, who are then alive.
If either of my son, Michael Wallace, or my daughter, Jessica Wallace, is not alive at the time of my death but has left issue then alive, I direct my Trustees to divide the interest as to the residue of my estate to which such beneficiary would have been entitled had they been alive at the time of my death among their issue then alive in equal shares per stirpes.
4. APPOINTMENT OF GUARDIANS
I appoint Phillip Wallace to have custody of my children who, at the time of my death, have not yet attained the age of majority and have no parents left then alive.
I request my guardians to apply to a court of competent jurisdiction within ninety (90) days of my death for appointment as the custodian and guardian of the property of such minor children (expenses associated with such application to be paid out of the residue of my estate).
5. INTEREST OF MINORS
If any person should become entitled to a share of my estate before the attaining the age of majority, my Trustees shall hold such share in trust and invest it for the benefit of such person.
Except as may be otherwise provided in this my Will, I authorize my Trustees to apply such amounts from the income and capital of such share as my Trustees, in their absolute discretion, consider advisable, for the care, maintenance, education, advancement in life or other benefit of such person until he or she attains the age of majority, at which time my Trustees shall pay or transfer such share, or the part thereof remaining, to him or her.
Any net income derived from such share which is not paid to or applied for the benefit of such person in any year shall be accumulated and added to the capital of such person's share.
Any payment or transfer which, pursuant to this my Will, may be made to or on behalf of a beneficiary under the age of majority, may be effected by payment or transfer to such beneficiary or to his or her parent, to his or her guardian, or to such other person standing in loco parentis to such beneficiary.
6. SURVIVORSHIP
Where circumstances are such that I have died, a person named in or contemplated by this my Will has died, and it is unknown which of us predeceased the other, then such other person shall be deemed to have predeceased me.
If, as the result of such a deemed predecease, a double payment of a cash legacy that is mirrored in my and such person's Wills must be made, then, if I was the later born of such other person and me, such cash legacy in my Will shall not take effect and shall lapse.
7. JURIDICAL PERSONS
Where in my Will, "alive", is used in respect of a non-natural person, such as, without limitation, a corporation, trust, or charity, such language shall assume the non-biological connotation of, "remain(s) in existence, even if known by another name".
With respect to any payment or transfer which, pursuant to this my Will, may be made to a beneficiary which is a charity, such gift is general in nature and may be used for whatever purpose that such charitable beneficiary wishes.
8. MEMBERS OF A RELATIONSHIP CLASS
Unless otherwise specifically provided, any generalized reference in this my Will to a class of persons in terms of their relationship to another person (for example, by use of words such as "my/his/her/their issue" or "my/his/her/their children") shall not include a person born outside marriage, nor a person who comes within the description traced through another person who was born outside marriage, except that:
i. Any person who was born outside marriage but whose natural parents subsequently married one another shall be regarded as having been born in lawful wedlock to those parents;
ii. Any person who has been legally adopted shall be regarded as having been born in lawful wedlock to the adopting parent;
iii. Any child, conceived but unborn, whose natural parents are then married to one another shall be regarded as having been born in lawful wedlock to those parents
iv. If, in the unanimous opinion of my Trustees, an individual has demonstrated a settled intention to treat another as his or her child, the recipient of such treatment shall be deemed to be a child of such individual.
9. EXCLUSION FROM COMMUNITY OF PROPERTY
I declare that all property passing to any person, whether as a result of my death or as a result of a gift made by me during my lifetime, as well as any property into which such property can be traced, together with all income from any such property, shall not fall into the community of property that may exist between such beneficiary and his or her spouse, and shall remain the sole and separate property of such beneficiary, free from all matrimonial rights or controls by his or her spouse.
Scenario #2 - Young Single Adult
Henry Lee is 26 years old. He has a stable income and good savings.
He would like to get married and have children someday but those things are still some time away and until then he'd like a Will in place to cover his assets in case something should happen to him.
His parents, Patrick and Isabelle Lee, are alive. In the unlikely event that he passes away, he would like his assets to go to them.
He also has an older sister, Michelle Lee. In an alternate scenario, if he has passed and his parents are not alive, then his assets will go to Michelle. Finally, as a final, extreme alternate scenario, if neither Henry's parents nor Michelle are alive, his assets will go to Michelle's children.
Though he wants his assets to go to his parents as a first choice, he chooses his sister Michelle to be the Executor of his Will in all cases and oversee the transfer.
Henry obtained this Will by clicking Start for Free and selecting the Will for an Individual option that is available in our Will-Building Questionnaire there.
When Henry hopefully gets married and has children in the next few years he will immediately replace this Will with a new Will to include his new family. But until then, he is satisfied with having this Will in place.
Henry Lee's Will Plan
- To Parents
- To Sister
- To Sister's Children (if any)
Property
Primary Intention
When Henry Lee dies, Henry Lee's property shall go in equal parts to whoever is then alive of Henry Lee's father, Patrick Lee, and Henry Lee's mother, Isabelle Lee.
Alternate Scenario
If both of Henry Lee's parents above are not alive at the time of Henry Lee's death, Henry Lee's property shall go to Henry Lee's sister, Michelle Lee, if she is then alive.
Alternate Scenario
If Henry Lee's sister, Michelle Lee, above is not alive at the time of Henry Lee's death but has left children of her own then alive, then the interest as to Henry Lee's property she would have received had she been alive shall instead go in equal parts to such children of her own.
Executors
Primary Intention
When Henry Lee dies, Henry Lee's Executor shall be Henry Lee's sister, Michelle Lee, if she is alive.
(In the event that an Executor is needed but no one above is alive and able and willing to act as one, a suitable person may apply to Court to act as Executor.)
Preview Last Will and Testament of Henry Lee (Scenario #2)
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THIS IS THE LAST WILL AND TESTAMENT of me, Henry Lee.
1. REVOCATION
I hereby revoke all Wills and Codicils that I have previously made.
2. APPOINTMENT OF EXECUTOR
I appoint my sister, Michelle Lee, as my Executor under this my Will.
Any reference in my Will to "my Executor" or "my Trustees" shall be interpreted to include such changes in number and/or gender as the context requires. In addition, the term "my Trustees" shall include, where the context permits, the Executor, Executrix, Executors, Executrices, the Estate Trustee(s) and the Personal Representative(s) for the time being, whether original, additional or substitutional.
3. DISPOSITION OF MY ESTATE
I give all of my real property and all of my personal property, wherever the same may be located, including any property over which I may have a power of appointment, to my Trustees upon the following trusts.
i. Debts, Funeral Expenses and Taxes
I direct my Trustees to pay, out of the residue of my estate, my just debts, funeral and testamentary expenses, income taxes and all other levies (such as estate taxes, inheritance taxes and succession duties) payable in connection with any property passing or deemed to pass upon my death and on any gift or benefit conferred by me under this my Will as well as the expenses of administering my estate.
ii. Residue
I direct my Trustees to divide the residue of my estate in equal shares among such of my father, Patrick Lee, and my mother, Isabelle Lee, who are alive at the time of my death.
If both of my father, Patrick Lee, and my mother, Isabelle Lee, are not alive at the time of my death, I direct my Trustees to deliver the interest as to the residue of my estate to which such beneficiaries would have been entitled had they been alive at the time of my death to my sister, Michelle Lee, if she is then alive.
If my sister, Michelle Lee, is not alive at the time of my death but has left issue then alive, I direct my Trustees to divide the interest as to the residue of my estate to which my said sister would have been entitled had she been alive at the time of my death among her issue then alive in equal shares per stirpes.
4. INTEREST OF MINORS
If any person should become entitled to a share of my estate before the attaining the age of majority, my Trustees shall hold such share in trust and invest it for the benefit of such person.
Except as may be otherwise provided in this my Will, I authorize my Trustees to apply such amounts from the income and capital of such share as my Trustees, in their absolute discretion, consider advisable, for the care, maintenance, education, advancement in life or other benefit of such person until he or she attains the age of majority, at which time my Trustees shall pay or transfer such share, or the part thereof remaining, to him or her.
Any net income derived from such share which is not paid to or applied for the benefit of such person in any year shall be accumulated and added to the capital of such person's share.
Any payment or transfer which, pursuant to this my Will, may be made to or on behalf of a beneficiary under the age of majority, may be effected by payment or transfer to such beneficiary or to his or her parent, to his or her guardian, or to such other person standing in loco parentis to such beneficiary.
5. SURVIVORSHIP
Where circumstances are such that I have died, a person named in or contemplated by this my Will has died, and it is unknown which of us predeceased the other, then such other person shall be deemed to have predeceased me.
If, as the result of such a deemed predecease, a double payment of a cash legacy that is mirrored in my and such person's Wills must be made, then, if I was the later born of such other person and me, such cash legacy in my Will shall not take effect and shall lapse.
6. JURIDICAL PERSONS
Where in my Will, "alive", is used in respect of a non-natural person, such as, without limitation, a corporation, trust, or charity, such language shall assume the non-biological connotation of, "remain(s) in existence, even if known by another name".
With respect to any payment or transfer which, pursuant to this my Will, may be made to a beneficiary which is a charity, such gift is general in nature and may be used for whatever purpose that such charitable beneficiary wishes.
7. MEMBERS OF A RELATIONSHIP CLASS
Unless otherwise specifically provided, any generalized reference in this my Will to a class of persons in terms of their relationship to another person (for example, by use of words such as "my/his/her/their issue" or "my/his/her/their children") shall not include a person born outside marriage, nor a person who comes within the description traced through another person who was born outside marriage, except that:
i. Any person who was born outside marriage but whose natural parents subsequently married one another shall be regarded as having been born in lawful wedlock to those parents;
ii. Any person who has been legally adopted shall be regarded as having been born in lawful wedlock to the adopting parent;
iii. Any child, conceived but unborn, whose natural parents are then married to one another shall be regarded as having been born in lawful wedlock to those parents
iv. If, in the unanimous opinion of my Trustees, an individual has demonstrated a settled intention to treat another as his or her child, the recipient of such treatment shall be deemed to be a child of such individual.
8. EXCLUSION FROM COMMUNITY OF PROPERTY
I declare that all property passing to any person, whether as a result of my death or as a result of a gift made by me during my lifetime, as well as any property into which such property can be traced, together with all income from any such property, shall not fall into the community of property that may exist between such beneficiary and his or her spouse, and shall remain the sole and separate property of such beneficiary, free from all matrimonial rights or controls by his or her spouse.
Scenario #3 - Retired Senior
Daniel Smith is 67 years old. He is retired after a long and successful career.
He is divorced and has two adult children: a son, Liam, and a daughter, Alexandra. He would like to leave his many assets to them along with others.
On his death, from his estate, he would like to make a fixed cash gift of $20,000.00 to his charity of choice, Sick Kids Hospital. (*The condition 'if they are then alive' will be taken to mean 'if they are then still in existence' in the actual Will.)
He would like to give his valuable vintage motorcycle to his brother, Allan Smith.
He would like to gift his ranching property to his son.
As for the remainder of his assets, he would like to give one third (1 of 3 parts) to his son, and two thirds (2 of 3 parts) to his daughter.
His son and daughter's entitlements shall go to any of their children if they predecease Daniel.
Finally, he has made funeral plans well in advance. He has communicated his wishes to his children, but he would like to indicate such wishes in his Will as well.
Daniel constructed this Will by clicking Start for Free , completing the questions and forms, and utilizing the powerful customization options that allow for declaring named gifts and declaring percentages for entitlements.
At this point in this life, Daniel is satisfied that such a comprehensive Will as this will be the last that he requires.
Daniel Smith's Will Plan
- Gift To The Hospital For Sick Children
- Gift To Brother
- Gift To Son
- Gift To Grandchildren (if any)
- Property To Children
- Property To Grandchildren (if any)
Property - Named Gifts
Primary Intention for Gift
When Daniel Smith dies, a cash sum in the amount of $20,000.00 shall go to the Hospital for Sick Children, if they are then alive.
Primary Intention for Gift
When Daniel Smith dies, Daniel Smith's 1952 Vincent Black Shadow motorcycle shall go to Daniel Smith's brother, Allan Smith, if he is then alive.
Primary Intention for Gift
When Daniel Smith dies, Daniel Smith's land and ranching property at 1654 Wilderness Trail, Clearwater, Ontario shall go to Daniel Smith's son, Liam Smith, if he is then alive.
Alternate Scenario
If Daniel Smith's son, Liam Smith, above is not alive at the time of Daniel Smith's death but has left children of his own then alive, then the interest as to Daniel Smith's gift of Daniel Smith's land and ranching property at 1654 Wilderness Trail, Clearwater, Ontario he would have received had he been alive shall instead go in equal parts to such children of his own.
Property - Remainder
Primary Intention for Remainder
When Daniel Smith dies, the remainder of Daniel Smith's property shall go in 1 part (33.3%) to Daniel Smith's son, Liam Smith, if he is then alive; and, 2 parts (66.7%) to Daniel Smith's daughter, Alexandra Smith, if she is then alive.
Alternate Scenario
If a child of Daniel Smith's above is not alive at the time of Daniel Smith's death but has left children of their own then alive, then the interest as to the remainder of Daniel Smith's property they would have received had they been alive shall instead go in equal parts to such children of their own.
Executors
Primary Intention
When Daniel Smith dies, Daniel Smith's Executors shall be whoever is alive of Daniel Smith's son, Liam Smith, and Daniel Smith's daughter, Alexandra Smith.
(In the event that an Executor is needed but no one above is alive and able and willing to act as one, a suitable person may apply to Court to act as Executor.)
Funerary Arrangements
It is Daniel Smith's wish that, upon Daniel Smith's death, Daniel Smith's body be cremated.
Daniel Smith's Executors may contact Serenity Gardens Funeral Home, with whom Daniel Smith has made funeral arrangements.
Preview Last Will and Testament of Daniel Smith (Scenario #3)
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THIS IS THE LAST WILL AND TESTAMENT of me, Daniel Smith.
1. REVOCATION
I hereby revoke all Wills and Codicils that I have previously made.
2. APPOINTMENT OF EXECUTOR
I appoint as my Executors, jointly, under this my Will, such of my son, Liam Smith, and my daughter, Alexandra Smith, who are alive and are able and willing to act.
Any reference in my Will to "my Executor" or "my Trustees" shall be interpreted to include such changes in number and/or gender as the context requires. In addition, the term "my Trustees" shall include, where the context permits, the Executor, Executrix, Executors, Executrices, the Estate Trustee(s) and the Personal Representative(s) for the time being, whether original, additional or substitutional.
3. DISPOSITION OF MY ESTATE
I give all of my real property and all of my personal property, wherever the same may be located, including any property over which I may have a power of appointment, to my Trustees upon the following trusts.
i. Debts, Funeral Expenses and Taxes
I direct my Trustees to pay, out of the residue of my estate, my just debts, funeral and testamentary expenses, income taxes and all other levies (such as estate taxes, inheritance taxes and succession duties) payable in connection with any property passing or deemed to pass upon my death and on any gift or benefit conferred by me under this my Will as well as the expenses of administering my estate.
ii. Gifts and Legacies
a) $20,000.00
I direct my Trustees to deliver the sum of twenty thousand dollars ($20,000.00 CAD) to the Hospital for Sick Children, if they are alive at the time of my death.
b) 1952 Vincent Black Shadow Motorcycle
I direct my Trustees to deliver my 1952 Vincent Black Shadow motorcycle to my brother, Allan Smith, if he is alive at the time of my death.
c) Land And Ranching Property At 1654 Wilderness Trail, Clearwater, Ontario
I direct my Trustees to deliver my land and ranching property at 1654 Wilderness Trail, Clearwater, Ontario to my son, Liam Smith, if he is alive at the time of my death.
If my son, Liam Smith, is not alive at the time of my death but has left issue then alive, I direct my Trustees to divide the interest as to my gift of my land and ranching property at 1654 Wilderness Trail, Clearwater, Ontario to which my said son would have been entitled had he been alive at the time of my death among his issue then alive in equal shares per stirpes.
iii. Residue
I direct my Trustees to divide the residue of my estate into a requisite amount of equal shares and deliver one (1) equal share of the residue of my estate to my son, Liam Smith, if he is then alive; and, two (2) equal shares of the residue of my estate to my daughter, Alexandra Smith, if she is then alive.
If either of my son, Liam Smith, or my daughter, Alexandra Smith, is not alive at the time of my death but has left issue then alive, I direct my Trustees to divide the interest as to the residue of my estate to which such beneficiary would have been entitled had they been alive at the time of my death among their issue then alive in equal shares per stirpes.
4. FUNERARY ARRANGEMENTS
Upon my death, I request that my Trustees contact Serenity Gardens Funeral Home, with whom I have made funeral arrangements.
It is my wish that, upon my death, my body be cremated.
5. INTEREST OF MINORS
If any person should become entitled to a share of my estate before the attaining the age of majority, my Trustees shall hold such share in trust and invest it for the benefit of such person.
Except as may be otherwise provided in this my Will, I authorize my Trustees to apply such amounts from the income and capital of such share as my Trustees, in their absolute discretion, consider advisable, for the care, maintenance, education, advancement in life or other benefit of such person until he or she attains the age of majority, at which time my Trustees shall pay or transfer such share, or the part thereof remaining, to him or her.
Any net income derived from such share which is not paid to or applied for the benefit of such person in any year shall be accumulated and added to the capital of such person's share.
Any payment or transfer which, pursuant to this my Will, may be made to or on behalf of a beneficiary under the age of majority, may be effected by payment or transfer to such beneficiary or to his or her parent, to his or her guardian, or to such other person standing in loco parentis to such beneficiary.
6. SURVIVORSHIP
Where circumstances are such that I have died, a person named in or contemplated by this my Will has died, and it is unknown which of us predeceased the other, then such other person shall be deemed to have predeceased me.
If, as the result of such a deemed predecease, a double payment of a cash legacy that is mirrored in my and such person's Wills must be made, then, if I was the later born of such other person and me, such cash legacy in my Will shall not take effect and shall lapse.
7. JURIDICAL PERSONS
Where in my Will, "alive", is used in respect of a non-natural person, such as, without limitation, a corporation, trust, or charity, such language shall assume the non-biological connotation of, "remain(s) in existence, even if known by another name".
With respect to any payment or transfer which, pursuant to this my Will, may be made to a beneficiary which is a charity, such gift is general in nature and may be used for whatever purpose that such charitable beneficiary wishes.
8. MEMBERS OF A RELATIONSHIP CLASS
Unless otherwise specifically provided, any generalized reference in this my Will to a class of persons in terms of their relationship to another person (for example, by use of words such as "my/his/her/their issue" or "my/his/her/their children") shall not include a person born outside marriage, nor a person who comes within the description traced through another person who was born outside marriage, except that:
i. Any person who was born outside marriage but whose natural parents subsequently married one another shall be regarded as having been born in lawful wedlock to those parents;
ii. Any person who has been legally adopted shall be regarded as having been born in lawful wedlock to the adopting parent;
iii. Any child, conceived but unborn, whose natural parents are then married to one another shall be regarded as having been born in lawful wedlock to those parents
iv. If, in the unanimous opinion of my Trustees, an individual has demonstrated a settled intention to treat another as his or her child, the recipient of such treatment shall be deemed to be a child of such individual.
9. EXCLUSION FROM COMMUNITY OF PROPERTY
I declare that all property passing to any person, whether as a result of my death or as a result of a gift made by me during my lifetime, as well as any property into which such property can be traced, together with all income from any such property, shall not fall into the community of property that may exist between such beneficiary and his or her spouse, and shall remain the sole and separate property of such beneficiary, free from all matrimonial rights or controls by his or her spouse.