LAST WILL AND TESTAMENT
I, ____, of _________________, California, revoke my former Wills and Codicils and declare this to be my Last Will and Testament.
IDENTIFICATION OF FAMILY
I am married to __ and all references in this Will to “my spouse” are references to __, my spouse or domestic partner, registered with the California Secretary of State.
The names of my children are __. All references in this Will to “my children” are references to the above-named children and any children born to me or adopted by me after the signing of this Will.
PAYMENT OF DEBTS AND EXPENSES
I direct that my just debts, funeral expenses and expenses of last illness be first paid from my estate.
DISPOSITION OF PROPERTY
Residuary Estate. I direct that my residuary estate be distributed to _, _________________, _________________. If such beneficiary does not survive me, my residuary estate shall be distributed to the following beneficiaries in the percentages as shown:
50% to my heirs-at-law, their identities and respective shares to be determined under the laws of the State of California, then in effect, relating to the succession of separate property that is not attributable to a predeceased spouse, as if I had died intestate at the time fixed for distribution under this provision.
50% to my spouse’s heirs-at-law, their identities and respective shares to be determined under the laws of the State of California, then in effect, relating to the succession of separate property that is not attributable to a predeceased spouse, as if my spouse had died intestate at the time fixed for distribution under this provision.
100 – Percent Total
NOMINATION OF EXECUTOR
I nominate _, of _________________, California, and _, of _________________, California, as Co-Executors (the “Executor”), to serve without bond, surety, or other security. If one (or both) of the above nominees does not serve for any reason, I nominate _, of _________________, California, as replacement Co-Executor (or sole Executor), to serve without bond, surety, or other security.
NOMINATION OF DIGITAL EXECUTOR
I nominate _, of _________________, California, as my Digital Executor, to serve without bond, surety, or other security. If such person or entity does not serve for any reason, I nominate _, of _________________, _________________, to serve as my Digital Executor, without bond, surety, or other security. For the purposes of this Will, Digital Executor shall mean a designated executor assigned to manage the responsibilities for my digital assets after death.
NOMINATION OF GUARDIAN
Should it become necessary to appoint a guardian of the person of a minor child, I nominate _, of _________________, California, to serve as Guardian of my surviving children who are minors at the time of my death. If such person is unable to serve as Guardian, I nominate _, of _________________, California, to serve as the Guardian. No guardian shall be required to file or furnish any bond, surety or other security in any jurisdiction.
- Power to Administer Estate. My Independent Executor, with respect to my estate, in addition to other powers and authority granted by law or necessary or appropriate for proper administration, shall have the following rights, powers, and authority without order of court and without notice to anyone: to identify, gather, value, secure, manage and distribute assets, to maintain records, to settle and wind up business affairs, to pay just debts, to file necessary tax returns, to redirect mail, to cancel services, to establish trusts, and to carry out my wishes as set forth in this Will.
- Independent Administration. My Independent Executor shall have the right to administer my estate using “informal”, “unsupervised”, or “independent” probate or equivalent legislation designed to operate without unnecessary intervention by the probate court.
DIGITAL EXECUTOR POWERS
- Digital Executor. My Digital Executor, in addition to other powers and authority granted by law or necessary or appropriate for proper administration, shall have the right and power to manage, distribute, and/or terminate my digital assets in accordance with the Letter of Instructions incorporated by reference into this Will, without order of court and without notice to anyone. My Digital Executor’s powers shall include, but not be limited to, the power to access, download, and backup digital assets, to convert my file formats, to access any and all devices as necessary to manage digital assets, to clear computer caches and to delete files. The Digital Executor shall also:
- Standard of Care. Manage, distribute, and/or terminate my digital assets, exercising the judgment and care, under the circumstances then prevailing, that persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their digital assets, considering the probable safety of their digital assets.
- Employ Professional Assistance. Employ and compensate counsel and other persons deemed necessary by the Digital Administrator for proper administration of my digital assets.
- Delegate Authority. Delegate authority when such delegation is advantageous to the estate or to the management, distribution and/or termination of my digital assets.
- Duration of Powers. Continue to exercise the powers provided in this Article VIII notwithstanding the termination of my estate until all the digital assets of the estate have been distributed.
- Compensation. Receive reasonable compensation for their services under this Will and be exonerated from and to pay all reasonable expenses and charges of the estate.
- Independent Administration. My Digital Executor shall have the right to administer my digital assets using “informal”, “unsupervised”, or “independent” probate or equivalent legislation designed to operate without unnecessary intervention by the probate court.
- Paragraph Titles and Gender. The titles given to the paragraphs of this Will are inserted for reference purposes only and are not to be considered as forming a part of this Will in interpreting its provisions. All words used in this Will in any gender shall extend to and include all genders, and any singular words shall include the plural expression, and vice versa, specifically including “child” and “children”, when the context or facts so require, and any pronouns shall be taken to refer to the person or persons intended regardless of gender or number.
- One Hundred-Twenty (120) Hour Survival Requirement. For the purposes of determining the appropriate distributions under this Will, no person shall be deemed to have survived me unless such person is also surviving on the one hundred-twentieth (120) hour after the hour of my death.
- Common Disaster. If my spouse and I die under circumstances such that there is no clear or convincing evidence as to the order of our deaths, or if it is difficult or impractical to determine which person survived the death of the other person, it shall, for the purpose of distribution of my life insurance, property passing under any trust or other contracts, if any, and property passing under this Will, be conclusively presumed that I predeceased my spouse, and notwithstanding any other provision of this Will, my spouse (or my spouse’s estate as the case may be) shall receive the distribution to which my spouse would otherwise be entitled to receive without regard to a survivorship requirement, if any.
- Liability of Fiduciary. No fiduciary who is a natural person shall, in the absence of fraudulent conduct or bad faith, be liable individually to any beneficiary of my estate, and my estate shall indemnify such natural person from any and all claims or expenses in connection with or arising out of that fiduciary’s good faith actions or nonactions of the fiduciary, except for such actions or nonactions which constitute fraudulent conduct or bad faith. No successor trustee shall be obliged to inquire into or be in any way accountable for the previous administration of the trust property.
- Compensation. The Executor is entitled to receive reasonable compensation for their services under this Will and be exonerated from and to pay all reasonable expenses and charges of the estate and trust.
- Beneficiary Disputes. If any bequest requires that the bequest be distributed between or among two or more beneficiaries, the specific items of property comprising the respective shares shall be determined by such beneficiaries if they can agree, and if not, by my Executor.
- No-Contest. If any beneficiary should bring a direct contest to this will without probable cause as defined by the California Probate Code Section 21310 et seq., should file or cause to be filed a pleading challenging the transfer of property on the grounds that the property did not belong to the transferor, or file or cause to be filed a creditors claim or prosecution of and based on it, said beneficiary shall be disqualified and forfeit any inheritance under this will.
IN WITNESS WHEREOF, I have subscribed my name below, this _____ day of _____________________, _______.
Testator Signature: ___________________________________
We, the undersigned, hereby certify that the above instrument, which consists of _____ pages, including the page(s) which contain the witness signatures, was signed in our sight and presence by ____ (the “Testator”), who declared this instrument to be his/her Last Will and Testament and we, at the Testator’s request and in the Testator’s sight and presence, do hereby subscribe our names as witnesses on the date shown above.
Witness Signature: ___________________________________
Phone Number: _________________
Witness Signature: ___________________________________
Phone Number: _________________
Name of Each Digital Asset and Digital Executor
Name of Digital Asset:
Name of Sole Digital Executor: _, City: _________________, State: California
Letter of Instructions
Residual Estate Digital Assets
Name of Digital Asset: C
Where to Access: _________________
Additional Information: _________________