SIMPLE LAST WILL AND TESTAMENT
State of Oregon
[// GUIDANCE: This template is designed to comply with Oregon’s probate provisions in ORS ch. 112–117 and the Uniform Probate Code as adopted in Oregon. Confirm all placeholders and optional sections with the testator and adapt for any changes in Oregon law subsequent to the date of drafting.]
TABLE OF CONTENTS
- Identification of Testator
- Revocation of Prior Instruments
- Family Information
- Appointment of Personal Representative
- Disposition of Tangible Personal Property
- Specific Devises & Bequests
- Residuary Estate
- Appointment of Guardian and Conservator
- Administrative Powers of Personal Representative
- Tax Allocation & Apportionment
- No-Contest Clause (Will Contest Remedy)
- Indemnification & Limitation of Liability
- Governing Law; Exclusive Forum
- Severability
- Attestation Clause
- Testator’s Signature Block
- Witnesses’ Signatures
- Self-Proving Affidavit (Optional)
1. IDENTIFICATION OF TESTATOR
I, [TESTATOR FULL LEGAL NAME], presently residing at [ADDRESS], being of sound mind and disposing memory, hereby declare this instrument to be my Last Will and Testament (this “Will”). I revoke all prior wills and codicils.
2. REVOCATION OF PRIOR INSTRUMENTS
I hereby revoke, cancel, and annul any and all prior wills, codicils, and testamentary instruments previously made by me.
3. FAMILY INFORMATION
A. I am [single/married/domestic partner] to [SPOUSE/PARTNER NAME] (“my Spouse”).
B. My children are:
1. [CHILD 1 NAME & DOB]
2. [CHILD 2 NAME & DOB]
[// GUIDANCE: List all lineal descendants; if none, state “I have no living children or descendants.”]
4. APPOINTMENT OF PERSONAL REPRESENTATIVE
A. I nominate and appoint [PRIMARY PERSONAL REPRESENTATIVE NAME], currently residing at [ADDRESS], as Personal Representative of my estate (“Personal Representative”).
B. If the primary nominee is unable or unwilling to serve, I nominate [SUCCESSOR PERSONAL REPRESENTATIVE NAME] as successor Personal Representative.
C. Bond Waiver. No bond or other security shall be required of any Personal Representative.
D. Independent Administration. My Personal Representative shall have the maximum authority permitted under ORS § 114.515 to administer my estate without court supervision except as required by law.
5. DISPOSITION OF TANGIBLE PERSONAL PROPERTY
I give all items of my tangible personal property not otherwise specifically disposed of, together with any insurance thereon, to [BENEFICIARY NAME], if living. If [BENEFICIARY NAME] is not living, then to my Residuary Estate.
[// GUIDANCE: Oregon permits a separate written statement for tangible personal property (ORS § 112.255). Attach as needed.]
6. SPECIFIC DEVISES & BEQUESTS
I make the following gifts:
A. [BEQUEST 1] to [BENEFICIARY 1].
B. [BEQUEST 2] to [BENEFICIARY 2].
C. Any encumbrance on specifically devised property shall follow that property and shall not be exonerated from my general estate.
7. RESIDUARY ESTATE
I give all the rest, residue, and remainder of my probate estate, of whatsoever nature and wheresoever situated (the “Residuary Estate”), to [RESIDUARY BENEFICIARY NAME], if living. If such beneficiary does not survive me by 30 days, then to [CONTINGENT BENEFICIARY NAME].
8. APPOINTMENT OF GUARDIAN AND CONSERVATOR
If, at my death, I am the legal parent of any minor child, I nominate [PRIMARY GUARDIAN NAME] as guardian of the person and estate of such minor child, with [ALTERNATE GUARDIAN NAME] as successor.
9. ADMINISTRATIVE POWERS OF PERSONAL REPRESENTATIVE
The Personal Representative shall have, without the necessity of court order, all powers granted by ORS § 114.325 and § 114.345, including but not limited to:
1. Sell, lease, exchange, or otherwise dispose of estate property.
2. Continue any business in which I hold an interest.
3. Compromise or settle claims for or against the estate.
4. Make elections and allocations regarding taxes.
10. TAX ALLOCATION & APPORTIONMENT
All estate, inheritance, and other death taxes shall be paid out of the Residuary Estate without apportionment, except as otherwise provided by law with respect to property qualifying for the marital or charitable deduction.
11. NO-CONTEST CLAUSE (Will Contest Remedy)
If any beneficiary under this Will, directly or indirectly, contests or seeks to impair or invalidate any provision of this Will, any share or interest given to that beneficiary shall be forfeited and shall pass as though such beneficiary had predeceased me without descendants. This clause is intended as a conditional bequest, enforceable as a matter of contract and equity.
12. INDEMNIFICATION & LIMITATION OF LIABILITY
A. Indemnity. My estate shall indemnify and hold harmless each Personal Representative, guardian, or conservator from any claim, loss, or expense (including reasonable attorney fees) incurred by reason of good-faith acts or omissions in the administration of my estate.
B. Liability Cap. The liability of any fiduciary hereunder shall in all events be limited to the assets of my probate estate; no personal liability shall attach except for willful misconduct or gross negligence.
13. GOVERNING LAW; EXCLUSIVE FORUM
A. This Will shall be construed in accordance with the laws of the State of Oregon.
B. Exclusive jurisdiction over all matters relating to the administration of my estate shall lie in the [COUNTY] County Circuit Court, Probate Department.
[// GUIDANCE: Oregon probate courts sit as divisions of the Circuit Court.]
14. SEVERABILITY
If any provision of this Will is held invalid or unenforceable, such determination shall not affect the remaining provisions, which shall remain in full force and effect.
15. ATTESTATION CLAUSE
Signed, published, and declared by [TESTATOR NAME], the testator, to be his/her Last Will and Testament, in our presence, and we, at the testator’s request and in the testator’s presence and in the presence of each other, have hereunto subscribed our names as witnesses this ___ day of _, 20.
16. TESTATOR’S SIGNATURE BLOCK
[TESTATOR NAME], Testator
Date: _____
17. WITNESSES’ SIGNATURES
We, the undersigned witnesses, declare under penalty of perjury that the testator is personally known to us, appeared to be of sound mind, and signed or acknowledged the foregoing instrument in our presence. Each of us is at least 18 years of age and not a beneficiary of this Will.
Witness #1:
Name: ___
Address: ___
Date: _____
Witness #2:
Name: ___
Address: ___
Date: _____
[// GUIDANCE: Oregon requires two disinterested witnesses who sign within a reasonable time after witnessing the testator’s signature or acknowledgment. See ORS § 112.235.]
18. SELF-PROVING AFFIDAVIT (OPTIONAL)
State of Oregon )
County of ______ ) ss.
Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], who, being duly sworn, testified as follows:
- The Testator declared the foregoing instrument to be Testator’s Last Will and Testament and signed it (or acknowledged a previously affixed signature) in our presence.
- Each Witness, in the presence of the Testator and of each other, signed the Will as Witness.
- To the best of each Witness’s knowledge, the Testator was at least 18 years of age, of sound mind, and acting voluntarily.
- Each Witness is at least 18 years of age and not a beneficiary of the Will.
Subscribed and sworn before me this ___ day of _, 20.
Notary Public for Oregon
My Commission Expires: ____
[// GUIDANCE: Filing a self-proving affidavit can significantly streamline probate under ORS § 113.705. Attach this page if desired, or integrate as one continuous document.]
END OF DOCUMENT
[// GUIDANCE:
1. Review all bracketed placeholders.
2. Confirm that dispositive provisions align with client intent.
3. Attach any separate tangible personal property list per ORS § 112.255.
4. Confirm witness disinterest to avoid challenges.
5. Store executed originals in a secure, fire-safe location and provide copies to the Personal Representative.]