Herencia
Form of will leaving estate to spouse or, if spouse predeceases, to children
THIS WILL is made by me [full name of testator] of [testator’saddress and occupation].
1. I revoke all prior wills and other testamentary acts.
2. [(1) where
(a) (i) one or more persons have died and one or more deaths arepresumed; or
(ii) two or more deaths are presumed; and
(b) the order of deaths, whether proved or presumed, is uncertain;
this will is to be construed as ifthe deaths, whether proved or presumed, had taken place in the order from the oldest to the youngest.]
[(2) the word “children” includes a child.]
3. I appointas my executors and trustees [full name and address of first executor] and [full name and address of second executor] (“my executors” which includes my personalrepresentatives and trustees for the time being).
4. My executors hold my estate on trust:
(a) (both corpus and income) for [my wife full name of wife] [myhusband full name of husband] absolutely;
(b) (i) if [my wife] [my husband] dies before me, then, subject to sub-paragraph (ii), to divide my estate equally amongthose of my children who are living at my death and attain their respective majorities;
(ii) if any child of mine has already died or dies before me or beforeattaining a vested interest leaving children alive at the death of the survivor of that child and me, those children, on attaining their respective majorities,take, and if more than one equally, the share which their deceased parent would otherwise have taken;
(c) In the event of the failure of the above dispositions.
5.
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