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Last Will and Testament

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LAST WILL AND TESTAMENT

This is the last will of me, ________, currently of the city of ________, in the Province of Alberta, (hereinafter referred to as my "Will"), with respect to the disposition of all property owned by me at the time of my death.


PRELIMINARY DECLARATIONS

1. I revoke all former wills and other testamentary dispositions made by me.

2. I am married to ________


EXECUTOR

Definition

3. The expression 'my Executor' used throughout this Will includes either the singular and plural, and the masculine or feminine gender as appropriate wherever the fact or context so requires. The term 'executor' in this Will is synonymous with and includes the terms 'personal representative' and 'executrix'.


Appointment of Executor


4. I appoint the following: ________, my ________, of ________, to be the sole executor of my Will but if ________ should predecease me or is unable or unwilling to act as my Executor, then I appoint the following: ________, my ________, of ________ to be Executor of my Will in the place and stead of ________.

5. No individual acting as an Executor under this Will will be required to give any security for the performance of his or her duties notwithstanding the laws of any country or other jurisdiction to the contrary.


Powers of my Executor

6. To carry out the terms of my Will, I give my Executor the following duties and powers with respect to my estate:

a. To pay my legally enforceable debts, funeral expenses and all expenses in connection with the administration of my estate and trusts created by my Will as soon as convenient after my death. If any of the real property devised in my Wills remains subject to a mortgage at the time of my death, then I direct that the devisee taking that mortgaged property will take the property subject to that mortgage and that the devisee will not be entitled to have the mortgage paid out or resolved from the remaining assets of the residue of my estate;

b. To take all legal actions to have the probate of my Will completed as quickly ans simply as possible, and as free as possible from any court supervision, under the law of the Province of Alberta;

c. To retain, exchange, insure, repair, improve, sell or dispose or any and all personal property belonging to my estate as my Executor deems advisable without liability for loss or depreciation;

d. To invest, manage, lease, rent, exchange, mortgage, sell, dispose of or give options without being limited to term and to insure, repair, improve, or add to or otherwise deal with any and all real property belonging to my estate as my Executor deems advisable without liability or depreciation;

e. To purchase, maintain, convert and liquidate investments or securities, and to vote stock, or exercise any option concerning any investments or securities without liability for loss;

f. To open or close bank accounts;

g. To maintain, continue, dissolve, change or sell any business which is part of my estate, or to purchase any business if deemed necessary or beneficial to my estate by me Executor;

h. To maintain, settle, abandon, sue or defend, or otherwise deal with any lawsuit against my estate;

i. To employ any lawyer, accountant or other professional; and

j. Except as otherwise provided in this Will, to act as my Trustee by holding in trust the share of any minor beneficiary, and to keep such share invested, pay the income or capital or as much of either or both as my Executor considers available for the maintenance, education, advancement or benefit of such minor beneficiary and to pay or transfer the capital of such share or the amount remaining of that share to such beneficiary when he or she reaches the age of majority or, during the minority of such beneficiary, to pay or transfer such share to any parent or guardian of such beneficiary subject to like conditions and the receipt of any such parent or guardian discharges my Executor.

7. The above authority and powers granted to my Executor are in addition to any powers and elective rights conferred by provincial/territorial or federal law or by any other provision of this Will and me be exercised as often as required, and without application to or approval by any court.


Compensation of Executor

8. My Executor is entitled to compensation for acting as Executor under this Will in addition to any gift or benefit given by me under my Will or any codicil to it.

9. Where at any time any of my Executor is a solicitor, my Executor will be entitled to charge and be paid all usual professional fees or other charges for business transacted, time expended, and acts done by my Executor or my Executor's in connection with the administration of my estate and the trusts of this my Will, including acts which a Trustee not being in any professional or business could have done personally.


DISPOSITION OF ESTATE


Distribution of Residue

10. To receive any gift or property under this Will, a beneficiary must survive me for thirty (30) days. Beneficiaries of my estate residue will receive and share all of my property and assets not specifically bequeathed or otherwise required for the payment of any debts owed, including but not limited to, expenses associated with the probate of my Will, the payment of taxes, funeral expenses or any other expense resulting from the administration of my Will. The entire estate residue is to be divided between my designated beneficiaries with the beneficiaries receiving a share of the entire estate residue. All property given under this Will is subject to any encumbrances or liens attached to the property.

11. I direct my Executor to to transfer the entire residue of my estate to my spouse, if my spouse survives me for thirty (30) full days, for their own use absolutely.

12. If my spouse is not living on the thirtieth day following my death, I direct my Executor to divide the residue of my estate into as many equal shares as there will be children of mine then alive at my death, subject to the provisions hereinafter specified specified and to pay and transfer one such share to each of those surviving children.

13. If any child of mine dies before becoming entitled in accordance with the terms of this Will, to receive of his or her share of my estate, I direct that such share or the amount remaining of that share will be divided and transferred in equal shares to each of the surviving children of that deceased child of mine. And if any of such children of my deceased child dies before receiving the whole of his or her share of my estate, that share or the amount remaining thereof will be divided in equal shares amongst the surviving children of that child of mine. But if that deceased child of mine leaves no surviving children, then that share or the amount remaining of that share will be divided amongst my surviving children in equal shares.

14. In cases where a child or grandchild of mine is a minor at the time he or she becomes entitled in accordance with the terms of this Will to receive his or her share of my estate, and where a guardian, custodian or trustee is not already identified under my Will, that share shall be held my Executor in trust for each of those surviving children who is a minor child, as specified under Powers of my Executor above.


TESTAMENTARY TRUST

Testamentary Trust For Minor Beneficiaries

15. It is my intent to create a testamentary trust (the "Testamentary Trust") for each minor beneficiary named in this Will. I name my Executor as trustee (the "Trustee") of and and all Testamentary Trust required in my Will. Any assets bequeathed, transferred, or gifted to a minor beneficiary named in my Will are to be held in a separate trust by the Trustee until that minor beneficiary reaches the designated age. Any property left by me to any minor beneficiary in my Will will be given to my Executor to be managed until that minor reaches the age of majority.


Trust Administration

16. The Trustee will manage the Testamentary Trust as follows:

a. The assets and property will be managed for the benefit of the minor until the minor reaches the age set by me in the final distribution;

b. Upon the minor reaching the age set by me for final distribution, all property and asset remaining in the trust will be transferred to the minor beneficiary as quickly as possible; and

c. Until the minor beneficiary reaches the age set by me for final distribution, my Trustee will keep the assets of the trust invested and pay the whole or such part of the net income derived therefrom and any amount or amounts out of the capital that my Trustee may deem advisable to or for the support, health, maintenance, education, or benefit of that minor beneficiary.


17. The Trustee may, in the Trustee's discretion, invest and reinvest trust funds in any kind of real or personal property and any kind of investment, provided that the Trustee acts with the care, skill, prudence and diligence, considering all financial and economic considerations, that a prudent person acting in a similar capacity and familiar such matters would use.

18. No bond or other security of any kind will be required of any Trustee appointed under my Will.


Trust Termination

19. The Testamentary Trust will end after any of the following:

a. The minor beneficiary reaches the age set by me for final distribution;

b. The minor beneficiary dies; or

c. The assets of the trust are exhausted through distributions.


General Trust Provision

20. The expression "my Trustee" used throughout this Will includes either the singular of the plural, and the masculine or the feminine gender as appropriate wherever the fact or context so requires.


Powers of Trustee

21. To carry out the term of my Will, I give my Trustee the following powers to be used in his or her discretion in the management of a trust created hereunder, namely:

a. The power to make such expenditures as are necessary to carry out the purpose of the trust;

b. Subject to my express direction to the contrary, the power to sell, call in and convert into money any trust property, including real property, that my Trustee in his or her discretion deems advisable;

c. Subject to my express direction to the contrary, the power to mortgage trust property where my Trustee considers it advisable to do so;

d. Subject to my express direction to the contrary, the power to borrow money where my Trustee considers it advisable to do so;

e. Subject to my express direction to the contrary, the power to lend money to the trust beneficiary if my Trustee considers it is in the best interest of the beneficiary to do so;

f. To make expenditures for the purpose of repairing, improving and rebuilding any property;

g. To exercise all rights and options of an owner of any securities held in trust;

h. To lease trust property, including real estate, without being limited as to term;

i. To make investments he or she consider advisable, without being limited to those investments authorized by law for trustees;

j. To receive additional property from any source and in any form of ownership;

k. Instead of acting personally, to employ and pay any other person or persons, including a body corporate, to transact any business or to do any act of any nature in relation to a trust created under my Will including the receipt and payment of money, without being liable for any loss incurred. And I authorize my Trustee to appoint from time to time upon such terms as he or she may think fit for any person or persons, any body corporate, for the purpose of exercising any powers herein expressly or impliedly given to my Trustee with respect to any property belonging to the trust;

l. Without the consent of any persons interested in trusts established hereunder, to compromise, settle or waive any claim or claims at any time due to tor by the trust in such manner and to such extent as my Trustee considers to be in the best interest pf the trust beneficiary, and to make an agreement with any other person, persons or corporation in respect thereof, which will be binding upon such beneficiary;

m. To make or not to make any election, determination, designation or allocation required or permitted to be made by my Trustee (either alone or jointly with others) under any of the provisions of any municipal, provincial/territorial, federal or other taxing statute, in such manner as my Trustee, in his or her absolute discretion, deems advisable, and each election, determination, designation or allocation when so made will be final and binding upon all persons concerned;

n. To pay himself or herself a reasonable compensation out of the trust assets; and

o. To employ and rely on the advice being given by an attorney, accountant, investement advisor, or other agent to assist the Trustee in the administration of this trust and to compensate them from the trust assets.

The above authority and powers granted to my Trustee are in addition to any powers and elective rights conferred by statue or federal or by any other provision of this Will and my be exercised as often as required, and without application to or approval by any court.


Other provisions

22. Subject to the terms of my Will, I direct that my Trustee will not be liable for any loss to my estate or to any beneficiary resulting from the exercise by him or her in good faith of any discretion given him or her in this Will;

23. Any trust created in this Will will be administered as independently of court supervision as possible under the laws of the Province or Territory having jurisdiction over the trust; and

24. If any trust condition is held invalid, it will not affect other provisions that can be given effect without the invalid provision.


GENERAL PROVISIONS

Individual Dafffab bfca Bequests

25. Fb F acea cafffab fc facea dfcdaffp fb fafa Afff fc cba cf acfa cb ap aaffa ca bcaab cacea cf acea dfcefbab affa aafc aacfaa cb c aaebaaf, faa bcffbfa fc bc ac fa fbfabffcbcf.


Insufficient Estate

26. If the value of my estate is insufficient to fulfill all of the bequests described in this Will, then I give my Executor the authority to decrease each bequest by a proportionate amount.


Exclusion from Family Property

27. For any beneficiary of my estate who is or becomes a spouse, all income and accumulations to all property, which that beneficiary receives as an inheritance from me, are to be excluded from the value of that beneficiary's net family property within the meaning of the provincial law as in force from time to time.


No Contest Provision

28. If any beneficiary under this Will contests in any court any of the provision of this Will, then each and all such persons will not be entitled to any devises, legacies, bequests, or benefits under this Will or any codicil hereto, and such interest or share in my estate will be disposed of as if that contesting beneficiary had not survived me.

Severability

29. If any provisions of this Will are deemed unenforceable, the remaining provisions will remain in full force and effect.


DISPOSITION OF REMAINS

30. It is my wish that my remains be cremated.


IN WITNESS WHEREOF, I have signed my name on this _______ (day) day of __________ (month), _______ (year) at_________________ (city), _________________ (province or territory), declaring and publishing this instrument as my Last Will, in the presence of the undersigned witnesses, who witnessed and subscribed this Last Will at my request, and in my presence.


________________________________
(Testator's Name)


________________________________
(Testators Signature)


SIGNED AND DECLARED by ________ on this _______ (day) day of __________ (month), _______ (year) to be the Testator's Last Will, in our presence, at _________________ (city), _________________ (province or territory) in the presence of us, both present at the same time who at the Testator's request, who at the Testator's request and in the presence of the Testator and of each other, in the presence of the Testator and of each other, all being present at the same time, have signed our our names as witnesses.



WITNESS:




________________________________
Name:
Address:
City:

Occupation:



WITNESS:




________________________________
Name:
Address:
City:

Occupation:

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LAST WILL AND TESTAMENT

This is the last will of me, ________, currently of the city of ________, in the Province of Alberta, (hereinafter referred to as my "Will"), with respect to the disposition of all property owned by me at the time of my death.


PRELIMINARY DECLARATIONS

1. I revoke all former wills and other testamentary dispositions made by me.

2. I am married to ________


EXECUTOR

Definition

3. The expression 'my Executor' used throughout this Will includes either the singular and plural, and the masculine or feminine gender as appropriate wherever the fact or context so requires. The term 'executor' in this Will is synonymous with and includes the terms 'personal representative' and 'executrix'.


Appointment of Executor


4. I appoint the following: ________, my ________, of ________, to be the sole executor of my Will but if ________ should predecease me or is unable or unwilling to act as my Executor, then I appoint the following: ________, my ________, of ________ to be Executor of my Will in the place and stead of ________.

5. No individual acting as an Executor under this Will will be required to give any security for the performance of his or her duties notwithstanding the laws of any country or other jurisdiction to the contrary.


Powers of my Executor

6. To carry out the terms of my Will, I give my Executor the following duties and powers with respect to my estate:

a. To pay my legally enforceable debts, funeral expenses and all expenses in connection with the administration of my estate and trusts created by my Will as soon as convenient after my death. If any of the real property devised in my Wills remains subject to a mortgage at the time of my death, then I direct that the devisee taking that mortgaged property will take the property subject to that mortgage and that the devisee will not be entitled to have the mortgage paid out or resolved from the remaining assets of the residue of my estate;

b. To take all legal actions to have the probate of my Will completed as quickly ans simply as possible, and as free as possible from any court supervision, under the law of the Province of Alberta;

c. To retain, exchange, insure, repair, improve, sell or dispose or any and all personal property belonging to my estate as my Executor deems advisable without liability for loss or depreciation;

d. To invest, manage, lease, rent, exchange, mortgage, sell, dispose of or give options without being limited to term and to insure, repair, improve, or add to or otherwise deal with any and all real property belonging to my estate as my Executor deems advisable without liability or depreciation;

e. To purchase, maintain, convert and liquidate investments or securities, and to vote stock, or exercise any option concerning any investments or securities without liability for loss;

f. To open or close bank accounts;

g. To maintain, continue, dissolve, change or sell any business which is part of my estate, or to purchase any business if deemed necessary or beneficial to my estate by me Executor;

h. To maintain, settle, abandon, sue or defend, or otherwise deal with any lawsuit against my estate;

i. To employ any lawyer, accountant or other professional; and

j. Except as otherwise provided in this Will, to act as my Trustee by holding in trust the share of any minor beneficiary, and to keep such share invested, pay the income or capital or as much of either or both as my Executor considers available for the maintenance, education, advancement or benefit of such minor beneficiary and to pay or transfer the capital of such share or the amount remaining of that share to such beneficiary when he or she reaches the age of majority or, during the minority of such beneficiary, to pay or transfer such share to any parent or guardian of such beneficiary subject to like conditions and the receipt of any such parent or guardian discharges my Executor.

7. The above authority and powers granted to my Executor are in addition to any powers and elective rights conferred by provincial/territorial or federal law or by any other provision of this Will and me be exercised as often as required, and without application to or approval by any court.


Compensation of Executor

8. My Executor is entitled to compensation for acting as Executor under this Will in addition to any gift or benefit given by me under my Will or any codicil to it.

9. Where at any time any of my Executor is a solicitor, my Executor will be entitled to charge and be paid all usual professional fees or other charges for business transacted, time expended, and acts done by my Executor or my Executor's in connection with the administration of my estate and the trusts of this my Will, including acts which a Trustee not being in any professional or business could have done personally.


DISPOSITION OF ESTATE


Distribution of Residue

10. To receive any gift or property under this Will, a beneficiary must survive me for thirty (30) days. Beneficiaries of my estate residue will receive and share all of my property and assets not specifically bequeathed or otherwise required for the payment of any debts owed, including but not limited to, expenses associated with the probate of my Will, the payment of taxes, funeral expenses or any other expense resulting from the administration of my Will. The entire estate residue is to be divided between my designated beneficiaries with the beneficiaries receiving a share of the entire estate residue. All property given under this Will is subject to any encumbrances or liens attached to the property.

11. I direct my Executor to to transfer the entire residue of my estate to my spouse, if my spouse survives me for thirty (30) full days, for their own use absolutely.

12. If my spouse is not living on the thirtieth day following my death, I direct my Executor to divide the residue of my estate into as many equal shares as there will be children of mine then alive at my death, subject to the provisions hereinafter specified specified and to pay and transfer one such share to each of those surviving children.

13. If any child of mine dies before becoming entitled in accordance with the terms of this Will, to receive of his or her share of my estate, I direct that such share or the amount remaining of that share will be divided and transferred in equal shares to each of the surviving children of that deceased child of mine. And if any of such children of my deceased child dies before receiving the whole of his or her share of my estate, that share or the amount remaining thereof will be divided in equal shares amongst the surviving children of that child of mine. But if that deceased child of mine leaves no surviving children, then that share or the amount remaining of that share will be divided amongst my surviving children in equal shares.

14. In cases where a child or grandchild of mine is a minor at the time he or she becomes entitled in accordance with the terms of this Will to receive his or her share of my estate, and where a guardian, custodian or trustee is not already identified under my Will, that share shall be held my Executor in trust for each of those surviving children who is a minor child, as specified under Powers of my Executor above.


TESTAMENTARY TRUST

Testamentary Trust For Minor Beneficiaries

15. It is my intent to create a testamentary trust (the "Testamentary Trust") for each minor beneficiary named in this Will. I name my Executor as trustee (the "Trustee") of and and all Testamentary Trust required in my Will. Any assets bequeathed, transferred, or gifted to a minor beneficiary named in my Will are to be held in a separate trust by the Trustee until that minor beneficiary reaches the designated age. Any property left by me to any minor beneficiary in my Will will be given to my Executor to be managed until that minor reaches the age of majority.


Trust Administration

16. The Trustee will manage the Testamentary Trust as follows:

a. The assets and property will be managed for the benefit of the minor until the minor reaches the age set by me in the final distribution;

b. Upon the minor reaching the age set by me for final distribution, all property and asset remaining in the trust will be transferred to the minor beneficiary as quickly as possible; and

c. Until the minor beneficiary reaches the age set by me for final distribution, my Trustee will keep the assets of the trust invested and pay the whole or such part of the net income derived therefrom and any amount or amounts out of the capital that my Trustee may deem advisable to or for the support, health, maintenance, education, or benefit of that minor beneficiary.


17. The Trustee may, in the Trustee's discretion, invest and reinvest trust funds in any kind of real or personal property and any kind of investment, provided that the Trustee acts with the care, skill, prudence and diligence, considering all financial and economic considerations, that a prudent person acting in a similar capacity and familiar such matters would use.

18. No bond or other security of any kind will be required of any Trustee appointed under my Will.


Trust Termination

19. The Testamentary Trust will end after any of the following:

a. The minor beneficiary reaches the age set by me for final distribution;

b. The minor beneficiary dies; or

c. The assets of the trust are exhausted through distributions.


General Trust Provision

20. The expression "my Trustee" used throughout this Will includes either the singular of the plural, and the masculine or the feminine gender as appropriate wherever the fact or context so requires.


Powers of Trustee

21. To carry out the term of my Will, I give my Trustee the following powers to be used in his or her discretion in the management of a trust created hereunder, namely:

a. The power to make such expenditures as are necessary to carry out the purpose of the trust;

b. Subject to my express direction to the contrary, the power to sell, call in and convert into money any trust property, including real property, that my Trustee in his or her discretion deems advisable;

c. Subject to my express direction to the contrary, the power to mortgage trust property where my Trustee considers it advisable to do so;

d. Subject to my express direction to the contrary, the power to borrow money where my Trustee considers it advisable to do so;

e. Subject to my express direction to the contrary, the power to lend money to the trust beneficiary if my Trustee considers it is in the best interest of the beneficiary to do so;

f. To make expenditures for the purpose of repairing, improving and rebuilding any property;

g. To exercise all rights and options of an owner of any securities held in trust;

h. To lease trust property, including real estate, without being limited as to term;

i. To make investments he or she consider advisable, without being limited to those investments authorized by law for trustees;

j. To receive additional property from any source and in any form of ownership;

k. Instead of acting personally, to employ and pay any other person or persons, including a body corporate, to transact any business or to do any act of any nature in relation to a trust created under my Will including the receipt and payment of money, without being liable for any loss incurred. And I authorize my Trustee to appoint from time to time upon such terms as he or she may think fit for any person or persons, any body corporate, for the purpose of exercising any powers herein expressly or impliedly given to my Trustee with respect to any property belonging to the trust;

l. Without the consent of any persons interested in trusts established hereunder, to compromise, settle or waive any claim or claims at any time due to tor by the trust in such manner and to such extent as my Trustee considers to be in the best interest pf the trust beneficiary, and to make an agreement with any other person, persons or corporation in respect thereof, which will be binding upon such beneficiary;

m. To make or not to make any election, determination, designation or allocation required or permitted to be made by my Trustee (either alone or jointly with others) under any of the provisions of any municipal, provincial/territorial, federal or other taxing statute, in such manner as my Trustee, in his or her absolute discretion, deems advisable, and each election, determination, designation or allocation when so made will be final and binding upon all persons concerned;

n. To pay himself or herself a reasonable compensation out of the trust assets; and

o. To employ and rely on the advice being given by an attorney, accountant, investement advisor, or other agent to assist the Trustee in the administration of this trust and to compensate them from the trust assets.

The above authority and powers granted to my Trustee are in addition to any powers and elective rights conferred by statue or federal or by any other provision of this Will and my be exercised as often as required, and without application to or approval by any court.


Other provisions

22. Subject to the terms of my Will, I direct that my Trustee will not be liable for any loss to my estate or to any beneficiary resulting from the exercise by him or her in good faith of any discretion given him or her in this Will;

23. Any trust created in this Will will be administered as independently of court supervision as possible under the laws of the Province or Territory having jurisdiction over the trust; and

24. If any trust condition is held invalid, it will not affect other provisions that can be given effect without the invalid provision.


GENERAL PROVISIONS

Individual Dafffab bfca Bequests

25. Fb F acea cafffab fc facea dfcdaffp fb fafa Afff fc cba cf acfa cb ap aaffa ca bcaab cacea cf acea dfcefbab affa aafc aacfaa cb c aaebaaf, faa bcffbfa fc bc ac fa fbfabffcbcf.


Insufficient Estate

26. If the value of my estate is insufficient to fulfill all of the bequests described in this Will, then I give my Executor the authority to decrease each bequest by a proportionate amount.


Exclusion from Family Property

27. For any beneficiary of my estate who is or becomes a spouse, all income and accumulations to all property, which that beneficiary receives as an inheritance from me, are to be excluded from the value of that beneficiary's net family property within the meaning of the provincial law as in force from time to time.


No Contest Provision

28. If any beneficiary under this Will contests in any court any of the provision of this Will, then each and all such persons will not be entitled to any devises, legacies, bequests, or benefits under this Will or any codicil hereto, and such interest or share in my estate will be disposed of as if that contesting beneficiary had not survived me.

Severability

29. If any provisions of this Will are deemed unenforceable, the remaining provisions will remain in full force and effect.


DISPOSITION OF REMAINS

30. It is my wish that my remains be cremated.


IN WITNESS WHEREOF, I have signed my name on this _______ (day) day of __________ (month), _______ (year) at_________________ (city), _________________ (province or territory), declaring and publishing this instrument as my Last Will, in the presence of the undersigned witnesses, who witnessed and subscribed this Last Will at my request, and in my presence.


________________________________
(Testator's Name)


________________________________
(Testators Signature)


SIGNED AND DECLARED by ________ on this _______ (day) day of __________ (month), _______ (year) to be the Testator's Last Will, in our presence, at _________________ (city), _________________ (province or territory) in the presence of us, both present at the same time who at the Testator's request, who at the Testator's request and in the presence of the Testator and of each other, in the presence of the Testator and of each other, all being present at the same time, have signed our our names as witnesses.



WITNESS:




________________________________
Name:
Address:
City:

Occupation:



WITNESS:




________________________________
Name:
Address:
City:

Occupation: