My Personal Representative (or Executor) is to act without bond and to the maximun
amount possible without court supervision or control so that the estate can be settled as
much as possible as a nonintervention proceeding. I nominate and appoint the following
people in the following order of priority as Personal Representative (or Executor) until
one such person qualifies.
1. My wife, ______________________________
2. My daughter, ______________________________
3. My son, ______________________________
4. ______________________________, who currently resides at
___________________________________
5. __________ Trust Company, a Utah Corporation
I grant to my Personal Representative (or Executor) full power to do everything in
administering my estate that said Personal Representative (or Executor) deems to be for
the best interest of my beneficiaries.
FOURTH:
If there is no sufficient evidence as to whether my wife survived me, the provisions of my
Will shall be given effect in like manner as if she had indubitably survived me and died
immediately after my death.
FIFTH:
Of the provisions made herein for the benefit of my wife, an amount equal to the
maximum allowable widow's (widower's) statutory interest in her husband's property, if
any, shall be deemed received by my wife by operation of law as such statutory interest,
and only the excess, if any, over such amount shall be deemed received under the
provisions of this Will.
SIXTH:
If any beneficiary under this Will, or any trust herein mentioned, contests or attacks this
Will or any of its provisions, any share or interest in my estate given to that contesting
beneficiary under this Will is revoked and shall be disposed of in the same manner
provided herein as if that contesting beneficiary had predeceased me.
SEVENTH:
My Personal Representative shall elect under Section 2056(b)(7) of the Internal Revenue
Code of 1954, as amended, or other similar statute then in force, to qualify the Marital
Trust or the Q-TIP Trust as established by me under Article III, of the
____________________ Trust Agreement dated the _____ day of _______________,
20___, for the federal estate tax marital deduction.