l---+---TL----+-T--2----T----3--T-+----4T---+---T5----+-T--6----R----7--T-+-- ADDITIONAL CLAUSES There are many many clauses that can be added to your wills, to customize the wills even more to your exact situation. However, make sure that the clauses that you add will agree with each other and the contents of the will. First, here are three situations that require a different form of 'attestation' (the closing part of the will and where the witnesses sign; a) Where testator signs with his or her mark: "Signed by the said testator with his/her mark as his/her last will, the same having been read over to him/her and he/she seeming thoroughly to understand the same, in the presence of us, both present at the same time, who at his/her request, in his/her presence, and in the presence of each other, have hereunto subscribed our names as witnesses." b) Where somebody else signs on behalf of the testator: "Signed by NAME OF PERSON SIGNING with the name of the said testator as his/her last will, the same having been previously read over to him/her and he/she seeming thoroughly to understand the same, in his/her presence and by his/her direction and in the presence of us, both present at the same time, who at his/her request, in his/her presence, and in the presence of each other, have hereunto subscribed our names as witnesses." c) Where the testator is blind: "This will having been first read over to the said testator in our presence, when the said testator appeared thoroughly to understand the same and to approve the contents of thereof, was signed by the said testator as his last will, in the presence of us, both present at the same time, who at his/her request, in his/her presence, and in the presence of each other, have hereunto subscribed our names as witnesses." Here are some clauses that you might find useful: 1. Appointment of son as executor and trustee on attaining the age of majority. I NOMINATE, CONSTITUTE, AND APPOINT my son, __________ , on his attaining the age of majority to be the sole executor and trustee of this my will, and direct that my will shall from the time of his acceptance of such appointment take effect and be construed as to the property then remaining subject to the trusts hereof in the same manner as if my said son had been originally named as executor and trustee, but until the said appointment of my said son shall take effect, such appointment shall not fetter or prejudice the exercise of the trusts, powers, or discretion hereby given to the said ___________________________ , and I declare that the expression my trustee used throughout this my will shall (where the context permits) include the trustee for the time being. 2. Wife is executrix (executor) and trustee until remarriage. I NOMINATE, CONSTITUTE, AND APPOINT my wife, _________ , so long as she shall remain my widow, to be the sole executor and trustee of this my will, and I hereinafter refer to her as my trustee. If my wife shall marry again, she shall cease to be the executrix and trustee of this my will, which shall thenceforward be construed and take effect as if the said _______________________ had been originally sole executor and trustee. 4. Burial Clauses: a) I direct that my body shall be cremated and the ashes deposited, etc. b) I direct that my body shall be buried in my family vault in the ________________ cemetery. 5. Distribution of some assets in accordance with a written memorandum. To distribute such of my personal effects as are described therein in accordance with a memorandum made and signed by me, and filed with this my will. 6. Bequest not imposing a trust. To deliver to _______________________ all my personal jewellery for herself absolutely and without imposing any trust or legal obligation upon her I desire that she shall carry out my wishes in regard to such articles with regard to which my wishes are known to her. 7. Bequest of farm stock. To deliver to _____________________ for his own use absolutely all my stock of grain, hay, and feed, including growing crops, and all horses, cows, calves, sheep, lambs, swine, poultry, and animals of all kinds and also farming utensils and implements of husbandry, tools, and machinery whether self-propelled or not, tractors, trucks, wagons, carts, carriages, harness, saddles, and other accoutrements, and the motor car which I use in connection with my farm, and all other live and dead stock whatsoever which shall be in or about my farm at ______________________________ , or any other farm belonging to me or of which I shall be in occupation at my death. 8. Bequest of shares in a limited company. To transfer to ___________________________ for his own use absolutely ______________________ of my __________ type shares in ____________________ Company Limited; and if and so far as I do not hold sufficient shares in the said company to answer the said bequest, in lieu of each share not so held a sum equivalent to the market value thereof at my death as determined by my trustee. If at my death the said shares as a result of any stock dividend, stock split, amalgamation, reconstruction, or rearrangement of capital of the said company shall be represented by a different capital holding either in the said company or in any other company to which I am entitled at my death, then the said bequest shall take effect as if it had been a bequest of such stock dividend, stock dividend, stock split, amalgamation, reconstruction, or rearrangement took the place of such shares. 9. Bequest of a business. To ___________________ the good will of my business of _____________________ carried on under the style or name of _______________________ and the stock in trade, machinery, plant and effects employed therein or belonging thereto and the benefit of all contracts subsisting in respect of the said business except that the said contracts shall be valued by my trustee as at the date of my death according to the amount of work which shall then have been done and the amount of such valuation shall fall into and form part of my general estate and shall be a debt due and owing to my estate by the said beneficiary, but as to the benefit of all work then remaining to be done on the said contracts I bequeath the same to the said beneficiary absolutely and I declare that all book debts and monies due to me with respect of the said business or standing to the credit of my business account at my bank or banks at my death shall form part of my general estate and that all debts and liabilities due or subsisting in respect of the said business at my death shall be paid out of my general estate and the said beneficiary shall discharge and indemnify my general estate from all debts and liabilities to accrue after my death with respect of the said business. 10. Option to Son to Purchase Farm My trustee shall have power to sell the farming business carried on my me at ____________________________ to my son ______________________ at the price to be agreed upon by my trustee and my said son, and in default of agreement at a price to be fixed by an independent valuation expert chosen by my trustee, and costs incurred with respect of such evaluation to be paid from the residue of my estate, and the price to be paid by my said son in either case to be one half of the reasonable purchase price of the said farm by an independent party as a going concern, this being in consideration of the assistance given to me by my said son in the conduct of the said farming business (or the price may be at a stated set price). The payment of the said purchase price shall be made to my trustee in such manner as they think fit and I specifically authorize my trustee to accept any form of security upon the said property or any part thereof or the security of a promissory note or notes signed by said son and/or others and payable by such installments as my trustee shall in his/her absolute discretion determine, but not carrying an interest rate exceeding _____________ . I declare that for the purposes of this clause the expression, my farming business, shall include all assets, stock, plant, appliances, book debts, and good will on the one hand, and all liabilities in connection therewith on the other hand, and it shall include the estate in fee simple of the said farm. Further provided that if my said son shall not purchase the said farming business within six months from my death, the said business shall fall into and form part of my residuary estate. 11. Release of Debts To release and forgive unto _____________________ all sums whether for principal or interest and whether secured or unsecured which at the time of my death may be owing by him/her/them to me and to cancel, discharge, and deliver to him/her/them any and all securities or evidence of such indebtedness, and expense incidental to any such cancellation and discharge to be paid out of the residuary of my estate, and provided that if the said ______________________ shall predecease me his/her/their personal representative shall be entitled to the benefit of this gift as though he/she/they had died immediately after my death. 12. Forgiving of Debts by Trustee I declare that my trustee, in addition to whatever rights he/she/they may possess by law or by reason of any other provision of this my will, and whether any debtor may appear able to pay or not, shall not be bound to enforce my strict rights in cases wherein my trustee considers it probable that I should, if alive, have shown leniency or foregone payment, either full or in part. 13. Bequest Not in Satisfaction of Debt To pay to _____________________ , if he survives me, the sum of ______________________, and I direct that this legacy shall not be deemed a satisfaction of the debt that I owe him. 14. Bequest for Masses To the priest in charge of the Roman Catholic Church at ____________________ , the sum of _________________ to be applied to the offering of masses for the repose of the soul(s) of ____________________ (or my sole).