유언장 양식 (영문)

[김영원]

유언을 쓴다쓴다 하면서 이제까지 미뤄왔습니다. 잘했다 할수 없는 일이지요. 다음 여행 전에는 반드시 준비하려합니다. 참고로 여기 양식 하나 올립니다.

Will of __________ [your name]

I, __________ [your name], a resident of__________ [city], __________ [county], __________ [state], declare that this is my will.

1.    Revocation of Prior Wills. I revoke all wills and codicils that I have previously made.

2.    Personal Information. I am married to __________ [spouse's name], and all references in this will to my __________ [husband/wife] are to __________ [him/her].

3.    Children. I have __________ [number] __________ [child/children] whose name(s) and date(s) of birth __________ [is/are]:

      __________ [name] __________ [date of birth]

      __________ [name] __________ [date of birth]

(repeat as needed)

There __________ [is/are] __________ [number] living __________ [child/children ] of my deceased child __________ [name]:

      __________ [name of grandchild]     __________ [date of birth]

      __________ [name of grandchild]     __________ [date of birth]

(repeat as needed)

If I do not leave property in this will to a child or grandchild listed above, my failure to do so is intentional.

4.    Specific Gifts. I leave the following specific gifts:

I leave __________ [description of gift(s)] to __________ [beneficiary/beneficiaries] or, if __________ [she/he/they] __________ [does/do] not survive me, to __________ [alternate beneficiary/beneficiaries].

I leave __________ [description of gift(s)] to __________ [beneficiary/beneficiaries] or, if __________ [she/he/they] __________ [does/do] not survive me, to __________ [alternate beneficiary/beneficiaries].

(repeat as needed)

5.    Residuary Estate. I leave my residuary estate, that is, the rest of my property not otherwise specifically

and validly disposed of by this will or in any other manner, to __________ [residuary beneficiary/beneficiaries] __________ [] or, if __________ [she/he/they]  __________ [does/do] not survive me, to __________ [alternate residuary beneficiary/beneficiaries].

6.    Beneficiary Provisions. The following terms and conditions shall apply to the beneficiary clauses of this will.

A. 45-Day Survivorship Period. As used in this will, the phrase "survive me" means to be alive or in existence as an organization on the 45th day after my death. Any beneficiary, except any alternate residuary beneficiary, must survive me to inherit under this will.

B. Shared Gifts. If I leave property to be shared by two or more beneficiaries, it shall be shared equally between them unless this will provides otherwise.

If any beneficiary of a shared specific gift left in a single paragraph of the Specific Gifts clause, above, does not survive me, that deceased beneficiary's portion of the gift shall be given to the surviving beneficiaries in equal shares.

If any residuary beneficiary of a shared residuary gift does not survive me, that deceased beneficiary's portion of the residue shall be given to the surviving residuary beneficiaries in equal shares.

C. Encumbrances. All property that I leave by this will shall pass subject to any encumbrances or liens on the property.

7.Executor.

A. Nomination of Executor. I nominate __________ [executor's name] as executor, to serve without bond. If __________ [she/he] shall for any reason fail to qualify or cease to act as executor, I nominate __________ [successor executor's name] as executor, also to serve without bond.

B. Executor's Powers. I direct that my executor take all actions legally permissible to have the probate of my will conducted as simply and as free of court supervision as possible, including filing a petition in the appropriate court for the independent administration of my estate.

I grant to my personal representative the following powers, to be exercised as he or she deems to be in the best interests of my estate:

1.    To pay, as my executor decides is best (unless state law requires a specific method for payment), all my debts and taxes, that may, by reason of my death, be assessed against my estate or any portion of it.

2.    To retain property without liability for loss or depreciation resulting from such retention.

3.    To dispose of property by public or private sale, or exchange, or otherwise, and receive or administer the proceeds as a part of my estate.

4.    To vote stock, to exercise any option or privilege to convert bonds, notes, stocks or other securities belonging to my estate into other bonds, notes, stocks or other securities, and to exercise all other rights and privileges of a person owning similar property in his own right.

5.    To lease any real property that may at any time form part of my estate.

6.    To abandon, adjust, arbitrate, compromise, sue on or defend and otherwise deal with and settle claims in favor of or against my estate.

7. To continue, maintain, operate or participate in any business which is a part of my estate, and to effect incorporation, dissolution or other change in the form of organization of the business.

8. To do all other acts, which in his or her judgment may be necessary or appropriate for the proper and advantageous management, investment and distribution of my estate.

The foregoing powers, authority and discretion are in addition to the powers, authority and discretion vested in him or her by operation of law and may be exercised as often as is deemed necessary or advisable without application to or approval by any court in any jurisdiction.

Signature

I subscribe my name to this will the __________ [day] day of __________ [month], __________ [year], at__________ [city], __________ [county], __________ [state], and do hereby declare that I sign and execute this instrument as my last will and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am of the age of majority or otherwise legally empowered to make a will, and under no constraint or undue influence.

_______________________________________ [your signature]

Witnesses

On this __________ [day] day of __________ [month], __________ [year], __________ [your name] declared to us, the undersigned, that this instrument was __________ [his/her] will and requested us to act as witnesses to it. __________ [He/She] thereupon signed this will in our presence, all of us being present at the same time. We now, at__________ [his/her] request, in __________ [his/her] presence, and in the presence of each other, subscribe our names as witnesses and declare we understand this to be __________ [his/her] will, and that to the best of our knowledge the testator is of the age of majority, or is otherwise legally empowered to make a will, and under no constraint or undue influence.

We declare under penalty of perjury that the foregoing is true and correct, this __________ [day] day of__________ [month], __________ [year] at __________ [city and state].

_____________________________________ [witness's signature]

__________ [witness's typed name] residing at __________ [address],__________ [city], __________ [county], __________ [state]

_____________________________________ [witness's signature]

__________ [witness's typed name] residing at __________ [address],__________ [city], __________ [county], __________ [state]

_____________________________________ [witness's signature]

__________ [witness' typed name] residing at __________ [address],__________ [city], __________ [county], __________ [state]

[oxcal]

이런거 골치아픈거여 - 아무래두 법원에서 해결해야항께 미리미리 나눠주든가 trust를 만드는기 더 편할낀디

[julliana]

여기선 유언장이 일반화 되지 않았죠. 우리 친정 아버지께선 올해 91(in Korean age)세 이시자만 아직도 미작성이시랍니다.

[이영순]

저는 거금(?) 들여 유언장을 작성 했는데 마음은 놓이네요