Dated the day of 20
THE LAST WILL AND TESTAMENT
OF
REF:
THIS IS THE LAST WILL AND TESTAMENT of me, (NRIC No. ) of
, .
1. I HEREBY REVOKE all former wills and testamentary dispositions previously
made by me AND DECLARE this to be my last will and testament.
2. This will is made in contemplation of my marriage to my partner (full
name) and is not void if the marriage does not take place.
3. Where any gift herein is made to a person who does not survive me for a period
of 30 days the gift is to be treated as if that person died before me.
4. In this will any gift, which depends on the beneficiary surviving me by a
specified period or attaining an age does not vest unless the beneficiary so
survives or attains the age specified. Income produced by the gift after my
death and before vesting accumulates to the gift.
5. If my spouse survives me schedule 1 applies.
6. If my spouse does not survive me schedule 2 applies.
7. Schedule 3 applies in any event.
Schedule 1
Spouse survives me
8. I appoint my spouse, (full true name) (NRIC No. ) of (full
address) and (full true name) (NRIC No. ) of (full address) to
be the executors and trustees of this my will and in case any of them shall die in
my lifetime or shall renounce probate or be unable to act in the office of
executor or trustee then I appoint (full true name) (NRIC No. ) of
(full address) to fill the vacancy. I DECLARE that the expression “my
trustees” when hereinafter used and where the context permits shall mean and
include the executor or executors and trustee or trustees for the time being of
my will whether original surviving substituted or additionally appointed.
9. If the other parent of my children has not survived me then I appoint my spouse
to be the guardian of those minor children.
10. Gifts to my trustees are not dependent on them acting as executors or trustees
and they may apply to the court for commission.
11. My trustees hold my estate on trust:
(a) To pay all debts, legacies, funeral and testamentary expenses and any
death, estate or succession duties.
(b) To give to the sum of RM provided they survive me and if
not this gift shall form part of the rest and residue of my estate.
(c) To give to my collection of provided they survive me and if
not this gift shall form part of the rest and residue of my estate.
(d) To give the rest and residue of my estate to my spouse.
Choose (d) or (e) onwards
(e) To give to my spouse my principal place of residence together with all
furniture and furnishings therein freed of all moneys secured thereon
which shall be paid out of the residue of my estate.
(f) To divide the rest and residue of my estate into equal shares and to
hold those shares for the following who survive me and attain the age of
18 years namely:
(i) My spouse share
(ii) My son shares
(iii) My daughter shares
(iv) Provided always that should not survive me to take under this
my will leaving children living at my death then such children having
attained the age of eighteen (18) years shall take by substitution and
if more than one equally the share in my estate which their parent
would otherwise have taken.
(v) If the trusts of a share fail because no person attains a vested
interest in the share then that share is to be added equally to the
other shares and this applies to the original shares as well as to
shares which have increased by operation of this provision.
End of Schedule 1
Schedule 2
Spouse does not survive me
12. I appoint (full true name) (NRIC No. ) of (full address) and
(full true name) (NRIC No. ) of (full address) to be the
executors and trustees of this my will and in case any of them shall die in my
lifetime or shall renounce probate or be unable to act in the office of executor or
trustee then I appoint (full true name) (NRIC No. ) of (full
address) to fill the vacancy. I DECLARE that the expression “my trustees”
when hereinafter used and where the context permits shall mean and include
the executor or executors and trustee or trustees for the time being of my will
whether original surviving substituted or additionally appointed.
13. If the other parent of any of my children has not survived me then I appoint
(NRIC No. ) of as guardian of my minor children.
14. Gifts to my trustees are not dependent on them acting as executors or trustees
and they may apply to the court for commission.
15. My trustees hold my estate on trust:
(a) To pay all debts, legacies, funeral and testamentary expenses and any
death, estate or succession duties.
(b) To give to the sum of RM provided they survive me and if
not this gift shall form part of the rest and residue of my estate.
(c) To give to my collection of provided they survive me and if
not this gift shall form part of the rest and residue of my estate.
(d) To divide the rest and residue of my estate equally among those of my
children who survive me and attain the age of 18 years provided always
that should any of my children not survive me to take under this my will
leaving children living at my death then such children having attained the
age of eighteen (18) years shall take by substitution and if more than one
equally the share in my estate which their parent would otherwise have
taken.