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Pennsylvania Last Will and Testament for Divorced Person Not Remarried...

Pennsylvania Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

Category:

Wills - For People with Children

State:

Pennsylvania

Control #:

PA-WIL-01400

Format:

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What this document covers

This Last Will and Testament is specifically designed for a divorced person who has not remarried and has both adult and minor children. It outlines how your estate will be managed and distributed after your death, including appointing a personal representative, designating beneficiaries, and establishing a trust for minor children. This form is crucial for ensuring your assets are distributed according to your desires and that your children's futures are secured.

What’s included in this form

Personal details: Include your name, residence, and the revocation of any previous wills.
Children's information: List the names and birthdates of all children, including both minor and adult children.
Specific bequests: Specify items or property you wish to leave to specific individuals.
Residuary estate: Define how the remainder of your estate will be distributed among your children.
Trust for minors: Set terms for managing the trust until minor beneficiaries come of age.
Guardian appointment: Designate a guardian for minor children in the event of your passing.

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Situations where this form applies

This form should be used when you want to create a legally binding document to outline your wishes regarding the distribution of your estate after death. It is particularly applicable if you are a divorced individual with children and want to ensure that both your minor and adult children are provided for. If you have specific property you wish to distribute or want to establish a trust for your minor children, this document is also vital.

Who should use this form

Individuals who are divorced and have no plans to remarry.
Parents with both adult and minor children.
Anyone looking to clearly articulate how their assets should be distributed after death.
Those who want to safeguard the financial future of minor children through a trust.

Steps to complete this form

Enter your full name and county of residence on the first pages.
Specify the names and birthdates of all your children in the designated fields.
Complete the specific bequests section by detailing any property bequeathed to specific individuals.
State the names of the trustee and guardian, as necessary, for minor children.
Sign the will in front of at least two witnesses and obtain a notary signature if including a self-proving affidavit.
Store the completed will in a safe location, and consider providing copies to your designated executor.

Notarization requirements for this form

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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

We protect your documents and personal data by following strict security and privacy standards.

Mistakes to watch out for

Failing to have the will signed by the required number of witnesses.
Not specifying a guardian for minor children.
Leaving out important details about specific bequests or trust arrangements.
Neglecting to store the will in a safe and accessible place.

Benefits of using this form online

Easy accessibility: Download the form anytime and complete it at your convenience.
Editability: You can fill in your information directly on your computer for accuracy.
Comprehensive instructions: Follow clear guidelines to ensure all necessary fields are completed correctly.
Legal compliance: The forms are drafted with attention to state-specific requirements.

Key takeaways

This form is specifically for divorced individuals without a current spouse, providing tailored provisions for minor and adult children.
Proper completion and signing in front of witnesses are critical for ensuring the document's legality.
Establishing a trust for minor children can secure their financial future until they reach adulthood.
Online access to the form provides users with flexibility and convenience.

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Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

Note: Note: This summary is not intended to be an all-inclusive discussion of the law of wills in Pennsylvania, but does provide basic and other information. This discussion does not include handwritten wills.

Who may make a will: Any person 18 or more years of age who is of sound mind may make a will. § 2501.

Form and execution of a will: Every will shall be in writing and shall be signed by the testator at the end thereof, subject to the following rules and exceptions:

Words following signature.-The presence of any writing after the signature to a will, whether written before or after its execution, shall not invalidate that which precedes the signature.

Signature by mark.-If the testator is unable to sign his name for any reason, a will to which he makes his mark and to which his name is subscribed before or after he makes his mark shall be as valid as though he had signed his name thereto; Provided, That he makes his mark in the presence of two witnesses who sign their names to the will in his presence.

Signature by another.-If the testator is unable to sign his name or to make his mark for any reason, a will to which his name is subscribed in his presence and by his express direction shall be as valid as though he had signed his name thereto: Provided, That he declares the instrument to be his will in the presence of two witnesses who sign their names to it in his presence. § 2502.

Validity of execution: A will is validly executed if executed in compliance with section 2502 (relating to form and execution of a will), or in compliance with the law of the jurisdiction where the testator was domiciled at the time of the execution of the will or at the time of his death. § 2504.1.

Revocation of a will: No will or codicil in writing, or any part thereof, can be revoked or altered otherwise than:

Will or codicil. By some other will or codicil in writing;

Other writing. By some other writing declaring the same, executed and proved in the manner required of wills; or

Act to the document. By being burnt, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revocation, by the testator himself or by another person in his presence and by his express direction. If such act is done by any person other than the testator, the direction of the testator must be proved by the oaths or affirmations of two competent witnesses. § 2505.

Modification by circumstances: Wills shall be modified upon the occurrence of any of the following circumstances among others:

[Repealed].

Divorce.-If the testator is divorced from the bonds of matrimony after making a will, any provision in the will in favor of or relating to his spouse so divorced shall thereby become ineffective for all purposes unless it appears from the will that the provision was intended to survive the divorce.

Marriage.-If the testator marries after making a will, the surviving spouse shall receive the share of the estate to which he would have been entitled had the testator died intestate, unless the will shall give him a greater share or unless it appears from the will that the will was made in contemplation of marriage to the surviving spouse.
§ 2507.

Devise or bequest to trust: A devise or bequest in a will may be made to the trustee of a trust, including any unfunded trust, established in writing by the testator or any other person before, concurrently with or after the execution of the will. Such devise or bequest shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after execution of the will. Unless the will provides otherwise, the property so devised or bequeathed shall not be deemed held under a testamentary trust of the testator but shall become and be a part of the principal of the trust to which it is given to be administered and disposed of in accordance with the provisions of the instrument establishing that trust and any amendment thereof. An entire revocation of the trust prior to the testator's death shall invalidate the devise or bequest unless the will directs otherwise. § 2515.

Penalty clause for contest: A provision in a will or trust purporting to penalize an interested person for contesting the will or trust or instituting other proceedings relating to the estate or trust is unenforceable if probable cause exists for instituting proceedings. § 2521.

Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

Who may make a will: Any person 18 or more years of age who is of sound mind may make a will. § 2501.

Form and execution of a will: Every will shall be in writing and shall be signed by the testator at the end thereof, subject to the following rules and exceptions:

Words following signature.-The presence of any writing after the signature to a will, whether written before or after its execution, shall not invalidate that which precedes the signature.

Revocation of a will: No will or codicil in writing, or any part thereof, can be revoked or altered otherwise than:

Will or codicil. By some other will or codicil in writing;

Other writing. By some other writing declaring the same, executed and proved in the manner required of wills; or

Modification by circumstances: Wills shall be modified upon the occurrence of any of the following circumstances among others:

[Repealed].

Pennsylvania Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

This form is part of a form package!

What this document covers

What’s included in this form

Related forms

Situations where this form applies

Who should use this form

Steps to complete this form

Notarization requirements for this form

Get your form ready online

Mistakes to watch out for

Benefits of using this form online

Key takeaways

Looking for another form?

Viewed forms

Form popularity

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