17:40 Miscellaneous will clauses

(a) Preamble and express revocation of other wills

I, _______________ , a domiciliary of _______________ County, Georgia, do hereby
make, publish and declare this my LAST WILL AND TESTAMENT, and I hereby revoke
all wills and codicils heretofore made by me.
(b) Payment of debts
I direct my Executor to pay out of the residue of my estate, as soon after my death as my
Executor deems feasible, all of my debts, including charitable pledges, whether or not
enforceable; the expenses of my last illness, funeral and burial; debts and claims duly
allowed against my estate; expenses of administration of my estate; and all estate,
inheritance, succession, transfer, legacy and death taxes assessed or imposed with respect
to my estate, or any part thereof, whether or not passing under this Will.
[or]
I direct my Executor to pay out of the residue of my estate, as soon after my death as my
Executor deems feasible, all of my debts; provided, however, that my Executor shall not
pay any outstanding liens, encumbrances, mortgages or other debts that encumber any
property that does not pass through my probate estate but rather becomes the property of
another person by virtue of the law relating to joint tenancy with right of survivorship or
other similar law.
(c) Funeral expenses and disposition of the body
Unless contrary to directions that I have left pursuant to a health-care advance directive
or other similar document, I hereby direct that my body be buried in a suitable manner
[cremated] and that the costs of my funeral and marker over my grave be paid by my
Executor out of my estate.
[or]
I hereby direct that my Executor shall follow the instructions of ________ , if living,
with whom I have discussed my wishes for the conduct of my funeral and the disposition
of my body, and that the expenses of such funeral and disposition shall be paid by my
Executor out of my estate.
[or]
I hereby direct that my body be buried in a suitable manner and that the costs of my
funeral and burial, including a marker over my grave, be paid by the Executor of my estate.
[or]

I hereby direct that my body be cremated and my remains disposed of in a suitable

manner and that the costs of my funeral be paid by the Executor of my estate.
(d) Identification of parties

(1) I am married and have _______________ children. My spouse's name is

_______________ , and my children's names are _______________ .
[or]
(2) I am currently married to Jane Doe and we have two children, whose names are
John Doe, Jr. and Janet Doe. I have two other children, Sam Doe and Sandy Doe. The
term child or children, as used in this Will, shall include all of these four named
children.
[or]
(3) I am currently living in a committed partnership with ________ and we have two
children, Molly Doe and Lewis Doe. The term child or children, as used in this
Will, shall refer to these two children.
[or]
(4) I am currently married to ________ . For purposes of this instrument, the term
my husband or my spouse shall refer to said individual. Other than in reference to
my husband or my spouse, whenever the term husband or wife or spouse is
used in this instrument, it shall refer to the legal spouse of an individual, whether a
formal or common law spouse, determined in accordance with the laws of the state in
which the spouses were domiciled.
(e) Definitions relating to children and issue

(1)(a) All references in this will to my children are intended to include children of
mine born after the execution of this will, and such after-born children shall participate
equally in my estate with my children who are living at the time of the execution of this
will.
(b) In determining the child, children, or issue surviving any person, and in
determining, on the termination of any trust or estate hereunder, whether any child is
entitled to share in the disposition of the trust or estate, the words child, children, or
issue used in this will shall be deemed to include a child in being during the period of
gestation who is later born alive; however, for other purposes such child's rights shall
accrue from date of birth.
(c) For all purposes under this will, whether for the determination of relationships or
otherwise, adopted children [and children born out of wedlock], whether of mine or any
other person, shall be given exactly the same status as natural born [and legitimate]
children.

[or]
(2)(a) References in this Will to child or children mean lawful blood descendants
in the first degree of the parent designated; and references herein to issue or
descendants mean lawful blood descendants in the first, second or any other degree of
the ancestor designated; provided always, however, that an adopted child and such
adopted child's issue, whether natural or adopted, shall be considered in this Will as
lawful blood descendants of the adopting parent or parents and of anyone who is by
blood or adoption an ancestor of the adopting parent or of either of the adopting parents.
The terms child or children shall [not] include any child who is born out of
wedlock.
(b) A child in gestation at the time of an event, who is later born alive shall be
deemed to be in being, living, or surviving at the time of such event.
[or]
(3) As used in this instrument, the term child or issue means the blood
descendants of any individual; provided, however, that an adopted child and such child's
issue, whether natural or adopted, shall be considered as issue on an individual. A child
born out of wedlock shall [not] be included in the term issue.
[or]
(4)(a) For purposes of this instrument, the term my children as used herein shall be
deemed to refer only to ________ and ________ , who are my only two children and
the term shall not be construed to refer to any other individual who claims to be a child
of mine.
(b) Subject to the provisions of subparagraph (a) above, which apply only to my
children, the use of the terms issue, child or children of any other person shall
refer only to children conceived, born or adopted during a valid marriage and shall not
include children born out of wedlock unless such child is legally adopted by the parent.
(c) In the case of adoption, the terms issue, child or children shall refer to only
those persons who were age 21 or younger at the date of adoption.
[or]
(5)(a) For purposes of this instrument, the term my children as used herein shall be
deemed to refer only to ________ and ________ , who are my only two children and
the term shall not be construed to refer to any other individual who claims to be a child
of mine.
(b) Subject to the provisions of subparagraph (a) above, which apply only to my
children, the use of the terms issue, child or children of any other person shall
refer to any child conceived or born during the marriage of the parent, any legally
adopted child of a parent, or any child born out of wedlock who would be deemed to be
a child of the parent pursuant to the provisions of O.C.G.A. 53-2-3 and 53-2-4.
[or]
(6)(a) As used in this instrument, the term child or issue means the blood
descendants of any individual; provided, however, that an adopted child and such child's
issue, whether natural or adopted, shall be considered as issue on an individual. A child
born out of wedlock shall [not] be included in the term issue.

(b) Any child or issue who is adopted after that individual's interest vests in him or
her shall [not] be divested of such interest as a result of the adoption.
[or]
(7) Whenever this instrument directs that property is to be distributed or allocated
per stirpes to or among the then living issue of any individual, the property shall be
divided into as many equal shares as there are then living children of the individual and
deceased children of such individual who have one or more issue then living (even if all
the individual's children are deceased). Each share that is allocated to the issue of a
deceased child shall be distributed among that child's issue in the same manner.
[or]
(8) As used in this instrument, the term child or issue means: 1) any child born in
wedlock to an individual and that child's issue; 2) the adopted child of any individual
and that child's issue; 3) any child born out of wedlock to an individual and that child's
issue, provided that the child would be eligible to inherit from the individual pursuant to
the terms of O.C.G.A. 53-2-3 or its successor; and 4) the child or any issue of a child
who is conceived by means of artificial insemination, in vitro fertilization, or other
alternative forms of conception and who has been born or is in gestation at the time of
the individual's death, provided that child would be considered the child of the
individual under prevailing law or generally accepted medical standards.
[or]
(9) As used in this instrument, the terms child or children or issue or
descendants shall include any adopted child and such child's issue but only if the
adopted child is taken into the household of the adoptive parent while still a minor and
raised as the child of the adoptive parent.
[or]
(10) As used in this instrument, the terms child or children or issue or
descendants shall include any adopted child and such child's issue; provided,
however, that the terms shall not include an individual who is adopted while an adult
and with whom the adoptive parent did not share a de facto parent-child relationship.
[or]
(11) As used in this instrument, the term child means any child, whether born in or
out of wedlock; an adopted child; and a child who is born by means of assisted
reproduction techniques, including but not limited to artificial insemination or in vitro
fertilization, even if such child is conceived after the parent's death, but provided the
child is either in utero not later than 36 months after the date of the parent's death or
born not later than 45 months after the parent's death.
(f) Will made in contemplation of birth or adoption of children
This will is made in contemplation of the birth of future children of mine or the future
adoption by me of a child or children. This will shall not be revoked in the event of the
birth or adoption by me of a child or children in the future and all such children shall be
included in any gift in this Will that is made to my child or children.

(g) Provision in lieu of year's support

The provisions in this will for my husband/wife and children are in lieu of year's
support.
(h) Testamentary gift of all tangible personal property
All my household furniture and furnishings, books, pictures, objects of art, silverware,
jewelry, clothing and other such personal effects, and any automobiles and boats I may
own at the time of my death, I give and bequeath to my husband/wife, _______________ ,
if he/she survives me, otherwise then to my descendants who survive me per stirpes.
[or]
All household furniture and furnishings, books, pictures, objects of art and silverware in
my home are the property of my wife and the Executor shall make no claim that such items
are a part of my estate. I give and bequeath to my husband/wife, _______________ , if
he/she survives me, my jewelry, clothing and other such personal effects and any
automobiles and boats I may own at the time of my death, and if he/she fails to survive me,
then to my descendants who survive me per stirpes.
[or]
If my spouse does not survive me, then I give all my household furniture and
furnishings, books, pictures, objects of art, silverware, jewelry, clothing and other such
personal effects to be divided substantially equally among my surviving children in such
shares as they shall unanimously agree among themselves. Should my surviving children
be unable to reach an agreement among themselves, then my Executor in my Executor's
sole discretion shall divide the property among my surviving children.
[or]
If my spouse does not survive me, I dispose of my household furniture and furnishings
and objects of art in my home by directing that the same shall be selected in rotation by the
following named beneficiaries in this manner:
(A) In the first rotation, each of the following named persons who shall survive me
shall select in the order they are named one item of my household furniture and
furnishings and objects of art and I give and bequeath to such person the item he or she
shall have so selected: (1) my living children, in order of age, from youngest to oldest;
(2) my living grandchildren of any deceased child, in order of age, from youngest to
oldest; (3) my living siblings, from youngest to oldest. Subsequent rotations shall
continue in the same manner until all the items of my household furniture and
furnishings have been selected or until my beneficiaries have no further desire to select
items.
(B) In the event that there are items left over after the selection process is complete, I
give my Executor full discretion to dispose of these items in any manner my Executor
sees fit, including the sale of any item with the proceeds to become part of the residue of
my estate or the distribution of any item to any person my Executor considers
appropriate, including my neighbors, friends, and charitable organizations, without the

receipt of consideration for such items.

[or]
(1) All my household furniture and furnishings, books, pictures, objects of art,
silverware, jewelry, clothing, and other such personal effects, and any automobiles I
may own at the time of my death I give and bequeath to my spouse if he/she survives
me, otherwise then to my descendants who survive me per stirpes.
(2) I may leave with my Will or among my personal papers at the time of my death a
written memorandum setting forth certain items of tangible personal property which I
wish to devise to certain persons. Although I realize that this list is not legally binding, I
request my spouse or my descendants to respect my wishes as spelled out in this list and
I direct my Executor to deliver the property on this listed to the designated individuals if
my spouse or descendants should so consent.
(i) Gifts of specific property or money
I give my diamond engagement ring to my daughter, _______________ , if she survives
me and, if she does not survive me, I give my diamond engagement ring to her oldest
surviving child.
[or]
I give any automobiles that I may own at the time of my death to my friend, Jane Doe,
free and clear of any encumbrances or liens thereon.
[or]
I give the sum of $5,000 to the American Cancer Society or to any successor charitable
institution of the American Cancer Society.
[or]
I give to my son the sum of $25,000, to be paid from the proceeds of the sale of any real
property owned by me at my death.
(j) Testamentary gift subject to indebtedness
I give, bequeath, and devise to my son the office building known as the
_______________ Building, and all land adjoining the same, located on
_______________ Street, in the City of _______________ , Georgia, which said building
is subject to a certain deed to secure debt executed by me to _______________ on the
_______________ day of _______________ , _______________ , which deed to secure
debt my son is to assume and pay. In the event my son declines to accept this devise upon
the conditions herein set forth, said office building shall fall into the residue of my estate.
(k) Testamentary gift free from indebtedness
I give, bequeath, and devise to my daughter the office building known as the

_______________ Building, and all land adjoining the same, located on

_______________ Street, in the City of _______________ , Georgia, which said building
is subject to a certain deed to secure debt executed by me to _______________ on the
_______________ day of _______________ , ________ . I direct my Executor to pay the
indebtedness secured by said deed to secure debt out of the residue of my estate, it being
my desire that my said daughter shall receive said office building free of any debts.
(l) Bequest of bonds
I give, bequeath, and devise to my husband, _______________ , any bond or bonds of
_______________ Company, a corporation organized and existing under the laws of the
State of _______________ , which I may own at the time of my death. In the event my
said husband should not survive me at the time of my death, then and in that event only, I
direct that the above bequest of bonds shall lapse and the same shall fall in the residue of
my estate. (or) In the event my said husband should not survive me at the time of my death,
then and in that event only, I give, bequeath, and devise said bonds to any of my children
then living at the time of my death.
(m) Bequest of business
I give, bequeath, and devise to my daughter, _______________ , the good will of my
trade or business, carried on by me at _______________ , and the stock and trade, fixtures
and all other effects belonging thereto, and the benefit of all contracts existing in respect of
the business, and all accounts and debts due me in regard to said business, or standing to
the credit of my business account at my bank at the time of my death. However, my
daughter shall discharge all debts and liabilities owed by said business at my death.
(n) Annuity for mother
In the event my mother, _______________ , shall survive me, I give, bequeath, and
devise to her an annuity of _______________ dollars ($_______________ ), per annum,
payable in equal quarterly installments, so long as she may live. On the death of my
mother, all payments shall cease, and her estate shall have no claim or right to any sum for
the period from the last quarterly payment to the date of her death. The annuity herein
provided for my mother shall be paid out of my residuary estate.
(o) Provision for support of husband
In the event my husband, _______________ , at any time before the final distribution of
all my estate under this will be without adequate means of support and in actual need of
support, then my executor (or trustee) shall be authorized to pay to my said husband, from
the income or principal of the property in its hands, such amounts as the executor (or
trustee) may deem sufficient to provide for the maintenance and support of my said
husband, and to enable him to maintain a home for himself and our children, taking into
consideration any other means of support my said husband may have to the knowledge of
the executor (or trustee).

(p) Life estate in residence to spouse

(1) I give and devise to my beloved spouse, _______________ , all of my interest in

our home and the land upon which it is situated, located at _______________ Street, in
the city of _______________ , Georgia, for her/his natural life or until she/he may
remarry, with remainder over, upon the death or remarriage of my spouse, to my then
living lineal descendants, per stirpes.
[or]
(2) My spouse shall have the right during her/his life to occupy without payment of
any rent any real property which we were occupying as our principal residence at the
time of my death. During the course of her/his life, my spouse shall be responsible for
paying all taxes, insurance, assessments, expenses of repairs and other charges
necessary to maintain said the property in reasonable condition. My spouse shall also
have the right to sell such real property and build, purchase, rent, or lease a residence
that is of substantially similar or of lesser value. At the death of my spouse, I devise the
residence or replacement residence to my lineal descendants.
(q) Life estate with power to sell and consume
I give and devise to my beloved spouse, _______________ , for her/his natural life the
use of all of my real and personal property. Such property is to be turned over to her/him
without restriction, and she/he shall have the power to sell and convey such property or any
part of it without permission of any court, as though she/he were the absolute owner,
provided that the proceeds shall be reinvested and she/he shall have the right to use so
much of the income or principal as may be necessary for her/his support and maintenance.
Upon the death of my spouse, I give and devise the rest and residue of my property to my
then living lineal descendants, per stirpes.
(r) Testamentary gift of life estate in marital residence
conditioned upon widowhood
I give and devise to my wife, _______________ , for her life or until her remarriage,
our home at _______________ (address), or any other home which may be our regular
place of abode at my death. At the death or remarriage of my wife, or at my death if my
wife predeceases me, such home shall go to my daughter, _______________ , her heirs
and assigns forever, if she is then living, or, if she is not then living, to her oldest issue then
living, his or her heirs and assigns forever. My wife shall not be liable for waste nor be
required to furnish security of any kind. She shall, however, make all ordinary repairs on
the premises, maintain adequate fire insurance coverage, and pay all taxes and assessments,
and make all mortgage payments, whether of interest or of principal. In addition to this
devise, I give and bequeath to my wife outright all tangible personal property located on
the premises which is being used or is usable for the maintenance or furnishing of either
the house or the property on which it is located.
(s) Testamentary gift conditioned on college education

I give and bequeath to my nephew, _______________ , the sum of $_______________

provided that at the time of my death he has been graduated from a college accredited by
the Association of American Universities. If he has not then been graduated, I direct my
Executor to hold that sum and to pay it over to my nephew if he does so graduate between
the time of my death and the time he reaches 24 years of age. If my nephew predeceases
me, or, if he has not been graduated from such a college by his 24th birthday, this bequest
shall lapse and become part of my residuary estate.
(t) Advancements and satisfaction
Certain advancements have heretofore been made by me to my children, a written
record of which will be found among my books and records. All such advancements shall
be deducted without interest from the testamentary gifts herein made to such child.
[or]
On _______________ , ________ (year), I gave to my son, _______________ , the
following property: _______________ . Said property was at that time and is now intended
to be given to my son, _______________ , in complete satisfaction of the testamentary gift
to him of the same property that appears in my Will, and I direct that my executor shall not
distribute to my son or any of his representatives any property in replacement of said
testamentary gift.
(u) Jointly owned property and community property

(1) All securities, bank accounts, savings accounts, certificates of deposit and other
similar property I may own at the time of my death in the name of myself and any other
person which are in terms payable on or after my death to that person or which, under
applicable law, are presumed held with a right of survivorship, shall be that person's sole
property, and my Executor shall make no claim against that person on account thereof.
If any such property is subject to any mortgage, lien or other encumbrances, my
Executor shall not be required to pay such debt using other assets in my probate estate,
but instead such debt shall become the debt of the person who becomes the owner of the
property.
(2) In the event my spouse and I have acquired property during the course of our
marriage which was community property in accordance with the applicable laws of the
jurisdiction in which we resided, I direct that my Executor make no claim against my
spouse's portion of that community property.
(v) Joint bank accounts--nonsurvivorship
I have established a joint bank account with the _______________ Bank in my name
and the name of my child, _______________ . My sole reason for establishing said
account is for my convenience only, in order that my child, _______________ , can
discharge my financial obligations in the event of my illness or other disability. It is my
desire that any sums remaining on deposit in said account at my death become a part of my
estate and, if necessary, my Executor shall make a claim against my child for such
amounts.

(w) Survivorship clause

Notwithstanding anything in this Will to the contrary, if any beneficiary survives me,
but dies within sixty days after my death, all provisions in this Will for such beneficiary
shall lapse, and the provisions of this Will shall be construed and applied as if such
beneficiary predeceased me.
[or]
If any beneficiary and I die under circumstances in which it cannot be determined which
of us died first, I shall be presumed to have survived that beneficiary for purposes of this
Will.
(x) In terrorem (no contest) clause
If any beneficiary under this Will contests its validity or the validity of any of its
provisions, or institutes any proceeding to prevent this Will or any of its provisions from
being carried out in accordance with its terms, whether or not in good faith and with
probable cause, then all benefits for such beneficiary in this Will are revoked and annulled
and the benefits which such beneficiary would have received shall go to the residuary
beneficiaries of this Will, other than such contesting beneficiary. If all of the residuary
beneficiaries join in such a contest or proceeding, the residue of my estate shall be
disposed of as follows: _______________ .
(y) Rule against perpetuities savings clause
Anything in this Will to the contrary notwithstanding, all property of every trust created
by this Will shall vest in and be distributed to the persons then entitled to the income from
such property at the expiration of twenty-one (21) years after the death of the last surviving
beneficiary of this Will who was in life at the date of my death unless sooner vested as
provided herein. The purpose of this provision is to prevent any possible violation of the
rule against perpetuities and this provision should be so construed.
(z) Acceleration clause
In the event any beneficiary under this Will shall renounce or disclaim his or her
interest, then it is my express intention that that beneficiary be treated as if he or she were
dead as of the effective date of the renunciation or disclaimer and any successive interests
shall [not] accelerate in vesting and possession.
(aa) Definition of education

(1) The term education as used in this document includes public or private
elementary and secondary schooling, including instruction in music, art and other
subjects conducted either before or after the regular school day; vocational training;

college and postgraduate study, at an institution of the beneficiary's choice. Education

expenses shall include but not be limited to the tuition; room and board (whether or not
charged by an educational institution at which such individual shall be a student);
expenses of travel to and from the educational institution; laboratory or other fees;
uniforms (including athletic uniforms) and other appropriate school clothing; books;
laboratory or other equipment or tools (including computer hardware and software); or
any other material or activities that my Trustee shall determine to be of educational
benefit or value to such individual.
[or]
(2) Education means public or private elementary and secondary schooling,
including instruction in music, art and other subjects conducted either before or after the
regular school day; vocational training; college and postgraduate study at an institution
of the beneficiary's choice; and payments for such education shall include tuition,
books, supplies, living expenses, and reasonable travel, including, in the discretion of
the trustee, travel within the United States or abroad that is designed to supplement the
beneficiary's education.
[or]
(3) Education means public or private elementary and secondary schooling,
vocational training, and college and post-graduate education and education expenses
include the cost of tuition, room, board, fees, books, supplies, and any other expense
and allowance as seems proper to the trustee at an institution selected by the
beneficiary's parent, legal guardian, or person with whom he or she resides or, if the
beneficiary is over age 18, at an appropriately accredited institution of the beneficiary's
choice.
(bb) Alternative dispute resolution clauses

(1) It is my strong wish and desire that any dispute that should arise in relation to the
probate of this Will or the administration of my estate or any trust created hereunder be
resolved by mediation or some other appropriate form of alternative dispute resolution
and I hereby authorize my personal representative or trustee to participate in such
proceeding and urge all beneficiaries under this Will to do likewise.
[or]
(2) As a condition of accepting any benefit under this Will or of qualifying to serve in
any fiduciary capacity under this Will, each beneficiary and fiduciary agrees to binding
arbitration of all disputes to be conducted in accordance with the rules of the American
Arbitration Association. Any beneficiary who fails to participate in arbitration shall be
treated as if he or she predeceased me and any fiduciary who fails to participate shall be
treated as having resigned his or her position. All fees and costs incurred in conjunction
with the arbitration shall be borne by my estate.
(cc) Indebtedness to beneficiaries
I am not indebted to any beneficiary under this will. If any beneficiary should so claim,
I direct my executor to demand verification of the claim. If in my executor's opinion the

claim is valid, I direct my executor to pay the claim and then to set off payment of the debt
against any devise that is to be distributed to that beneficiary under the terms of this will.
(dd) Conflict of interest of fiduciaries
I recognize that the Executor or Trustee named by me in this will may own interests in
real or personal property that is also part of my estate or may serve as an officer, director,
or employee of a business venture that is included in whole or in part in my estate.
Notwithstanding any otherwise applicable provisions of law, no Executor or Trustee named
in this will shall be barred from serving solely because said fiduciary owns an interest in
real or personal property, or in a corporation or other business venture, or is an officer,
director or employee of any corporation or other business venture an interest in which is
also a part of my estate.
[or]
I recognize that in the exercise of their powers, one or more of my Executors or Trustees
may be placed in a position of having conflicting interests as a fiduciary and as an
individual and I direct that such conflicting interests shall not be a basis for any Executor
or Trustee not participating in the exercise of such powers.
(ee) Spendthrift Clause
No interest of any beneficiary of any trust created under this will shall be subject to
pledge, assignment, sale or transfer nor shall any beneficiary have the power in any manner
to anticipate, assign, convey, pledge, or otherwise encumber the income or principal.
Should a beneficiary perform any of these prohibited acts or should an attempt be made to
subject the trust principal or income to the payments of the debts or obligations of a
beneficiary, the trustee shall have absolute discretion to withhold any further payments to
that beneficiary or to use such payments for the benefit of the beneficiary in any manner
that the trustee in the trustee's sole discretion deems appropriate.