non probate final last will and testament of jesus christ-sample

7/27/2019 NON PROBATE Final Last Will and Testament of JESUS CHRIST-Sample

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Non-Probate Last Will and Testament2of3

JESUS CHRIST45

HIS INSTRUMENT I, Jesus Christ, ACKNOWLEDGED AS EXECUTOR OF THIS NON-6PROBATE WILL of JESUS CHRIST, with respect to my "Excluded Property" which is defined7

herein. For convenience, I will refer to this my Non-Probate Will in this Will only as my "Non-Probate8Will", and to my non-probate estate, and estate in real property as my "Non-Probate Estate in Real9

Property".10

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1. Revocation12I revoke all other Wills and Codicils previously made by me. I will execute my Probate Will13

immediately following the execution of my Non-Probate Will. I intend to have a Probate Will and a14

Non-Probate Will, as separate and substantive Wills.1516

2. Executor and Trustee17(1) I Jesus Christ (grantee), appoint and grant my Wife, Mary Magdalene (grantor), to be the18Executrix and Trustee of my Non-Probate Will and estate in real property.19

(2) If my Wife does not survive me or otherwise is or becomes unwilling or unable to act as my20

Executrix and Trustee before all the trusts set out in my Non-Probate Will have been fully performed, I21

appoint and grant my son, Adam Christ, to be the Executor and Trustee of my Non-Probate Will.22(3) Neither of my Executors and Trustees of my Non-Probate Will shall be required to file a bond or23

give any other security for acting as one of my Executors and Trustees of my Non-Probate Will24

regardless of his place of residence since I have every confidence in my Executors and Trustees of my25Non-Probate Will to carry out the trusts of my Will.26

(4) At any time my Executor and Trustee of my Non-Probate Will in the exercise of an absolute27

discretion considers appropriate, my Executor and Trustee may appoint by deed in writing one or more28executors and trustees to act with my Executor and Trustee, and may remove or replace such substituted29executors and trustees from time to time. Such appointed executor(s) and trustee(s) shall have all the30

same powers, discretions, and authorities that I have given to my Executor and Trustee by my Non-31

Probate Will.32

(5) An Executor and Trustee may resign on 30 days' written notice to the other Executors and Trustees33if any then in office and to the adult beneficiaries of my estate, and such Executor and Trustee resigning34

shall not be required to have his accounts audited by a Court of competent jurisdiction unless required to35

do so by the other Executors and Trustees if any or by any one or more of the adult beneficiaries.36

(6) In my Non-Probate Will, I refer to the Executor and Trustee, or Executors and Trustees, original,37substituted, surviving, or appointed, as my "Non-Probate Estate Trustee".38

393. Non-Probate Estate Trustees Exonerated From Decision to Not Apply For Probate of the Non-40

Probate Will41For greater certainty, I declare that my Non-Probate Estate Trustee of my Non-Probate Will shall have42

no obligation to obtain a Certificate of Appointment of Estate Trustee With A Will if in the exercise of43

an absolute discretion they determine that they will be otherwise able to perform their responsibilities44hereunder. My Non-Probate Estate Trustee shall not be liable for any loss suffered by my Non-Probate45

Estate in Real Property or by any beneficiary as a consequence of not having obtained a Certificate of46


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(1) Entirety of my Estate shall be set aside for my Wife, Mary Magdalene ,1

or any of her issue is living at the Time of Division. The entirety shall not be held in trust2

as herein provided. IfMary Magdalene is not living at the Time of Division, the3Estate in entirety shall be divided in to equal part and shall be set aside out of the residue4

FOR MY CHILDREN in the following equal parts:5

(a) Part forADAM CHRIST

-- One part shall be set aside if my son, ADAM6 CHRIST , or any of his issue is living at the Time of Division. The part shall be7held in trust as herein provided. IfADAM CHRIST is not living at the Time of8Division, the part shall be dealt with by paragraph 8 of my Non-Probate Will headed9

SPECIAL PROVISIONS FOR MY GRANDCHILDREN and GREAT10

GRANDCHILDREN. If neitherADAM CHRIST nor any of his issue is then11living, the part shall not be set aside out of the residue.12

(b) Part for JAMES CHRIST -- One part shall be set aside if my son,13JAMES CHRIST , or any of his issue is living at the Time of Divis ion. The part14

shall be held in trust as herein provided. IfJAMES CHRIST is not living at the15Time of Division, the part shall be dealt with by paragraph 8 of my Non-Probate Will16

headed SPECIAL PROVISIONS FOR MY GRANDCHILDREN and GREAT17 GRANDCHILDREN. If neitherJAMES CHRIST nor any of his issue is then18living, the part shall not be set aside out of the residue.19

(c) Part forMEREDITH MAGDALENE -- One part shall be set aside if my20

step daughter, MEREDITH MAGDALENE , or any of her issue is living at the21

Time of Division. The part shall be held in trust as herein provided. IfMEREDITH22

MAGDALENE is not living at the Time of Division, the part shall be dealt with by23

paragraph 8 of my Non-Probate Will headed SPECIAL PROVISIONS FOR MY24

GRANDCHILDREN and GREAT GRANDCHILDREN. If neitherMEREDITH25

MAGDALENE nor any of her issue is then living, the part shall not be set aside out of26

the residue.27

(d) Part for JOHN CHRIST -- One part shall be set aside if my son, JOHN28CHRIST , or any of his issue is living at the Time of Divis ion. The part shall be29held in trust as herein provided. IfJOHN CHRIST is not living at the Time of30Division, the part shall be dealt with by paragraph 8 of my Non-Probate Will headed31

SPECIAL PROVISIONS FOR MY GRANDCHILDREN and GREAT32GRANDCHILDREN. If neitherJOHN CHRIST nor any of his issue is then33living, the part shall not be set aside out of the residue.34

(e) Part forDAVID CHRIST -- One part shall be set aside if my son, DAVID35CHRIST , or any of his issue is living at the Time of Division. The part shall be held in36trust as herein provided. IfDAVID CHRIST is not living at the Time of Division,37the part shall be dealt with by paragraph 8 of my Non-Probate Will headed SPECIAL38

PROVISIONS FOR MY GRANDCHILDREN and GREAT GRANDCHILDREN. If39neitherDAVID CHRIST nor any of his issue is then living, the part shall not be40set aside out of the residue.41

7. Trusts of Residue for My Children and Other Issue42My Non-Probate Estate Trustee shall separately administer each of the trusts directed to be set up by43

paragraph 6 of my Non-Probate Will upon the following terms:44

(1) Definitions45


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(a) "Division Day" with respect to each of the trusts directed to be set up by1

paragraph 6 of my Non-Probate Will means the first to happen of any date during the2

lifetime of a child that my Non-Probate Estate Trustee selects as Division Day and the3date of death of a child.4

(b) "The Family Members" with respect to each of the trusts directed to be set up by5

paragraph 6 of my Non-Probate Will means collectively the child of mine for whom the6 trust is set up and his or her issue living from time to time during the term of the trust.7(2) Payments of Income and Capital --Until Division Day, my Non-Probate Estate Trustee may pay to8

the Family Members of each trust, and to the exclusion of any one or more of the Family Members, for9

their support, education, and benefit, such amounts out of the income derived from the child's trust or the10

whole income, and out of the capital thereof or the whole capital, that in the exercise of an absolute11discretion my Non-Probate Estate Trustee considers appropriate from time to time. The interests of each12

child are my primary concern and my Non-Probate Estate Trustee shall not be required to keep an even13

hand between my child and his or her other Family Members.14

(3) Accumulating Income -- After the longest period allowed at law to accumulate income, my Non-15Probate Estate Trustee shall immediately prior to the end of each fiscal period pay any surplus net16

income derived from a child's trust to the child.17 (4) Division Day18(a) If my Non-Probate Estate Trustee has selected a date during the lifetime of a child19

as that child's Division Day for that child's Trust, my Non-Probate Estate Trustee shall20

pay and transfer the child's Trust to the child on that date.21

(b) If the date of death of child is the Division Day of that child's trust, my Non-22Probate Estate Trustee shall dispose of that child's trust in such manner as that child may23

by his or her last Will have appointed. In default of such appointment, or insofar as it24

does not take effect, the child's trust shall be divided among the issue of such child in25equal shares per stirpes and dealt with by paragraph 8 of my Non-Probate Will headed26

SPECIAL PROVISIONS FOR MY GRANDCHILDREN and GREAT27

GRANDCHILDREN.28(c) If no issue of the child is living on that child's Division Day, that child's trust shall29

be shall be divided among my issue who are living on that child's Division Day in equal30

sharesper stirpes, provided that if any portion of my Non-Probate Estate is being held in31

trust for any one or more of my issue, the share shall be added to such trust and shall be32administered as though originally a part thereof.33

8. Special Provisions for My Grandchildren and Great Grandchildren 34If, as the result of the distributions provided for in my Non-Probate Will, a beneficiary, other than my35children, becomes entitled to receive any amount of the capital of my Non-Probate Estate before36

attaining age 45 (except an amount paid out to the beneficiary as the result of an exercise of discret ion37

by my Non-Probate Estate Trustee), the amount, which is referred to in this paragraph as "the part", shall38

be held and invested by my Non-Probate Estate Trustee upon the following terms:39(a) Until such beneficiary attains age 45, my Non-Probate Estate Trustee shall pay to40

him or her or apply for his or her support, education, and benefit so much of the income41

and capital of the part that my Non-Probate Estate Trustee in the exercise of an absolute42

discretion considers appropriate from time to time. Any surplus income shall be43accumulated and added to the part. After the longest period allowed by law to accumulate44

income, my Non-Probate Estate Trustee shall pay the net income from such part to the45

beneficiary if he or she has attained age 18 or upon his or her attaining age 18. Until he or46


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she attains age 18, the net income shall be paid and transferred to his or her parent(s) or1

guardian(s) whose receipt shall completely discharge my Non-Probate Estate Trustee.2

(b) When such beneficiary attains age 35, my Non-Probate Estate Trustee shall3transfer one third of the balance of the part to him or her. When such beneficiary attains4

age 40, my Non-Probate Estate Trustee shall transfer one half of the balance of the part to5

him or her. When such beneficiary attains age 45, my Non-Probate Estate Trustee shall6 transfer the balance of the part to him or her.7(c) If a beneficiary dies before attaining age 45, my Estate Trustee shall divide the8

part (or the amount thereof not received by such beneficiary) equally per capita among9

the children of such beneficiary who survive him or her. If such beneficiary leaves no10

children, the part shall be divided among his or her siblings then alive in equal sharesper11capita, and if such beneficiary leaves no children or siblings then alive, the part shall be12

divided among my issue in equal shares per stirpes. If however, any part of my estate is13

being held in trust for a beneficiary of my Non-Probate Estate, the portion of the part so14

held shall be added to that trust as an original portion thereof.1516

9. Payments for Minors17 (1) Except as otherwise provided in my Non-Probate Will, if any person becomes entitled to receive any18share of my Non-Probate Estate while under the age of majority, I direct my Non-Probate Estate Trustee19

to keep that share invested until such person attains the age of majority. In the meantime, my Non-20

Probate Estate Trustee shall pay or apply such amounts out of the income and capital as my Non-Probate21

Estate Trustee in the exercise of an absolute discretion shall consider advisable for the benefit of such22person.23

(2) I authorize and grant my Non-Probate Estate Trustee to make any payments for any person under24

the age of majority which my Non-Probate Estate Trustee is entitled to make under the terms of my25Non-Probate Will to a parent or guardian or other person standing in loco parentis to such person, or to26

make any such payment directly to such person or to any other person for such person, all as my Non-27

Probate Estate Trustee in the exercise of an absolute discret ion considers appropriate. Any evidence that28my Non-Probate Estate Trustee has made any payment shall be a sufficient discharge to my Non-Probate29

Estate Trustee.30

10. Conversion of My Assets and Powers of Non-Probate Estate Trustee31(1) My Non-Probate Estate Trustee shall call in the assets of my estate and may sell any of the assets at32such times, for such price, and in such manner and upon such terms as my Non-Probate Estate Trustee in33

the exercise of an absolute discretion considers appropriate.34

(2) I authorize my Non-Probate Estate Trustee to hold any asset of my Non-Probate Estate without35liability for loss or depreciation as long as my Non-Probate Estate Trustee in the exercise of an absolute36

discretion considers appropriate, whether or not such asset is an investment in which a trustee may by37

law invest trust funds.38

(3) In order to carry out the trusts of my Non-Probate Will, I give my Non-Probate Estate Trustee the39following powers to be used in the exercise of an absolute discret ion at any time:40

(a) Investments41

(i) My Non-Probate Estate Trustee may make any investments for my Non-42

Probate Estate that my Non-Probate Estate Trustee considers appropriate. My43Non-Probate Estate Trustee shall not be liable for any loss that may happen to my44

Non-Probate Estate as a result of any investment made by my Non-Probate Estate45

Trustee in good faith, and in accordance with these instructions.46


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(ii) My Non-Probate Estate Trustee may engage any person or company my1

Non-Probate Estate Trustee considers appropriate as investment counsel, broker,2

or agent. My Non-Probate Estate Trustee may rely upon the advice of and3delegate to such counsel, broker, or agent the management of part or all of my4

Non-Probate Estate as my Non-Probate Estate Trustee deems advisable from time5

to time on a discretionary account basis. My Non-Probate Estate Trustee in the6 exercise of an absolute discretion may pay to such counsel, broker, or agent any7fees or charges so incurred out of my Non-Probate Estate, charged to income or to8

capital or both as my Non-Probate Estate Trustee may determine. Any such fees9

or charges shall not be applied to reduce the compensation awarded to my Non-10

Probate Estate Trustee.11(b) Selling and Disposing-- My Non-Probate Estate Trustee may realize or dispose12

of the assets of my Non-Probate Estate, subject to the trusts of my Non-Probate Will, in13

any manner and on any terms.14

(c) Retention of Assets -- My Non-Probate Estate Trustee may hold any of my assets15in the form in which they may be at the time of my death for any length of time, whether16

or not they are assets in which my Non-Probate Estate Trustee would otherwise be17 entitled to invest trust monies. Those assets so retained shall be deemed to be authorized18investments.19

(d) Distribution in Kind-- My Non-Probate Estate Trustee may make any division,20

distribution or allocation of the assets of my Non-Probate Estate in kind and at such21

valuations as my Non-Probate Estate Trustee in the exercise of an absolute discret ion22considers appropriate. In determining such valuations, my Non-Probate Estate Trustee23

may consider such future expectations for such assets as my Non-Probate Estate Trustee24

in the exercise of an absolute discretion considers appropriate, including any tax liability25or credit. Any decision of my Non-Probate Estate Trustee in this regard shall be binding26

on all beneficiaries of my Non-Probate Estate.27

(e) Employment of Agents -- If my Non-Probate Estate Trustee considers it necessary28to engage any corporation or person to carry out some or all of the directions in my Non-29

Probate Will or to hire professionals as required to assist in the administration of my30

Non-Probate Estate, my Non-Probate Estate Trustee may employ such corporation or31

person and may pay compensation out of my Non-Probate Estate, all as my Non-Probate32Estate Trustee considers appropriate.33

(f) Borrowing-- My Non-Probate Estate Trustee may borrow on behalf of my Non-34

Probate Estate such amounts as my Non-Probate Estate Trustee considers appropriate,35and may mortgage or otherwise charge any of the assets of my Non-Probate Estate.36

(g) Settlement of Claims -- Without the consent of any person interested under my37

Non-Probate Will, my Non-Probate Estate Trustee may compromise, settle or waive any38

claim at any time due to or by my Non-Probate Estate and may make any agreement with39any person, government or corporation which shall be binding upon all persons interested40

in my Non-Probate Estate.41

(h) Elections -- My Non-Probate Estate Trustee may at any time make or choose not42

to make any election, or designation, or may do, or choose not to do, any other act or43exercise any discretion or authority referred to in The Income Tax Act (country xxxx)44

which my Non-Probate Estate Trustee shall consider in the best interests of my Non-45

Probate Estate and my beneficiaries or any of them.46


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(i) Power to Carry on Business -- Without in any way restricting the general power1

and discretion in this Non-Probate Will given to my Non-Probate Estate Trustee, I2

authorize and empower him to carry on any business I may own or I may be interested in3at the time of my death, either alone or in partnership with any person or persons who4

may be a partner or partners therein for the time being, for such length of time as in their5

uncontrolled discretion my Non-Probate Estate Trustee may consider to be in the best6 interests of my Non-Probate Estate. I give to my Non-Probate Estate Trustee power to do7all things necessary or advisable for the carrying on of any such business.8

11. Relationships9Any reference in my Probate Will to a person in terms of a relationship to another person10

determined by blood or marriage shall not include a person born outside marriage nor shall it include a11person who comes within the description by tracing through another person who has been born outside12

marriage, provided that:13

(a) any person who has been legally appointed above here shall be regarded as14

having been born inside marriage to his; and15(b) any person who is born outside marriage and whose natural parents subsequently16

marry shall be regarded as having been born inside marriage to his or her natural parents.17 12. Compensation18I authorize my Non-Probate Estate Trustee to take and transfer at reasonable intervals from the income19

and/or capital of my Non-Probate Estate amounts on account of compensation which my Non-Probate20

Estate Trustee reasonably anticipates will be requested at the end of the accounting period in progress. If21

the amount subsequently awarded on Court audit or agreed to by the beneficiaries is less than the22amount so taken, the excess shall be repaid to my Non-Probate Estate without interest.23

13. Exclusions from Net Family Property24(1) I declare that the income, including capital gains, arising from any interest passing to a beneficiary25under my Non-Probate Will shall be excluded from such beneficiary's net family property or from the26

value of the beneficiary's assets on the death, divorce, or separation of such beneficiary.27

(2) Any part of my Non-Probate Estate transferred to the beneficiaries of my Non-Probate Estate shall28be the separate property of the beneficiaries and shall not fall into any Community of Property or be29

subject to any other matrimonial rights of the spouses of beneficiaries and shall not be liable for the30

obligations of any such spouses or Community. All such amounts transferred to the beneficiaries shall31

not be subject to seizure for the payment of any debts of beneficiaries or their representatives while in32the possession and control of my Non-Probate Estate Trustee.33

14. Alternative Dispute Resolution34Any difference of opinion that may arise during the administration of my Non-Probate Estate should be35resolved as early as possible and with a minimum of formality through the mediation process. I have36

every confidence that this wish will be honored.37

15. Governing Law38My Non-Probate Will shall be governed by and construed in accordance with the laws of XXXXX.39IN TESTIMONY WHEREOF I have to my Non-Probate Will, which is written upon this and preceding40

pages of paper, subscribed my name given to me by my beloved fatherJoseph and motherMary41

house of the Christ family, a miracle of life celebrated annually beginning on the 11th day of September42

in the year 6 BC forever memorialized in the Office of the Registrar of Births and Deaths for the City of43

XXXXXXXXX, in the County ofXXXXX, In the State ofXXXX, in the Country ofXXXXX; before44

and upon the planet Terra, being of sound mind and disposing memory and not acting under duress or45

undue influence, and fully understanding the nature and extent of all my property and of this disposit ion46


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thereof, do hereby make, publish, announce and declare this document to be my non probate Trust and1

Last Will and Testament, and do hereby revoke any and all other wills and codicilsheretofore made by2

or for me; I forbid the unauthorized use and/or the authorized misuse of the name or names of any3beneficiary hereunder; in the month of_________, on the_______ day, of 20_______year.4

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6 SIGNED by: Jesus Christ ,______________________________________________,78

IN WITNESS WHEREOF, I, the said Jesus Christ, hereunto set my hand and seal to this my Will and9Testament, typewritten on eight (8) sheets of paper (including the attestation clause and signatures of10

Witnesses and Notary Public), upon the margin of each page of which I have also initialed and sealed11

this __________ day of _________________________________, 20___.1213

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By: ________________________________151617

STATE OF IDAHO )18

)19COUNTY OF ADA )20

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We, Witness#1, #2 and #3, the Witnesses, respectively, whose names are signed to the attached or22

foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the23testatorJesus Christ signed and executed the instrument as the testatrix, and that the testator affirmed24

that she executed the same as the testatrixs free and voluntary act for the purposes therein expressed;25

and that each of us witnessed, first-hand, that the testator said, declared, announced, and did sign in the26articulation and the memorialization of the spoken word by and through the reading of the Non Probate27

Will and Testament contained herein, and to the best of our knowledge the testator had reached the age28

of majority, was of sound mind, and was under no constraint or undue influence, as his Non-Probate29

Will, in the presence of us both, present at the same time, who at his request, in his presence and in the30presence of each other have subscribed our names as witnesses:31

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1st Witness:_______________________________ Date: ________________________3435

2nd Witness:_______________________________ Date: ________________________3637

3rd Witness:_______________________________ Date: ________________________383940

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