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1
Non-Probate Last Will and Testament 2
of 3
JESUS CHRIST 4
5
HIS INSTRUMENT I, Jesus Christ, ACKNOWLEDGED AS EXECUTOR OF THIS NON- 6
PROBATE WILL of JESUS CHRIST, with respect to my "Excluded Property" which is defined 7
herein. For convenience, I will refer to this my Non-Probate Will in this Will only as my "Non-Probate 8
Will", and to my non-probate estate, and estate in real property as my "Non-Probate Estate in Real 9
Property". 10
11
1. Revocation 12
I revoke all other Wills and Codicils previously made by me. I will execute my Probate Will 13
immediately following the execution of my Non-Probate Will. I intend to have a Probate Will and a 14
Non-Probate Will, as separate and substantive Wills. 15
16
2. Executor and Trustee 17
(1) I Jesus Christ (grantee), appoint and grant my Wife, Mary Magdalene (grantor), to be the 18
Executrix 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 my 20
Executrix and Trustee before all the trusts set out in my Non-Probate Will have been fully performed, I 21
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 or 23
give any other security for acting as one of my Executors and Trustees of my Non-Probate Will 24
regardless of his place of residence since I have every confidence in my Executors and Trustees of my 25
Non-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 absolute 27
discretion considers appropriate, my Executor and Trustee may appoint by deed in writing one or more 28
executors and trustees to act with my Executor and Trustee, and may remove or replace such substituted 29
executors and trustees from time to time. Such appointed executor(s) and trustee(s) shall have all the 30
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 Trustees 33
if any then in office and to the adult beneficiaries of my estate, and such Executor and Trustee resigning 34
shall not be required to have his accounts audited by a Court of competent jurisdiction unless required to 35
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, 37
substituted, surviving, or appointed, as my "Non-Probate Estate Trustee". 38
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3. Non-Probate Estate Trustees Exonerated From Decision to Not Apply For Probate of the Non- 40
Probate Will 41
For greater certainty, I declare that my Non-Probate Estate Trustee of my Non-Probate Will shall have 42
no obligation to obtain a Certificate of Appointment of Estate Trustee With A Will if in the exercise of 43
an absolute discretion they determine that they will be otherwise able to perform their responsibilities 44
hereunder. My Non-Probate Estate Trustee shall not be liable for any loss suffered by my Non-Probate 45
Estate in Real Property or by any beneficiary as a consequence of not having obtained a Certificate of 46
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Appointment of Estate Trustee With A Will. It is my intention that this instrument be administered and 1
executed free from any conflict of interests or the continuing control and/or use of the court, 2
and/or manor(s) formerly having, assuming or claiming jurisdiction of the settlement(s) of its 3
accounts and trusts or the power of any beneficiary to bring suit for an accounting without 4
express written consent by me. 5
6
4. Excluded Property Estate Defined 7
(1) My Non-Probate Will shall deal only with my "Excluded Property" which is defined as follows: 8
(a) all articles of personal and household use and ornament, works of art, and 9
jewelry, and technology; 10
(b) the shares or holdings I may own on the date of my death in the capital stock of 11
any or all of my Estate. 12
(c) shareholder loans, advances and other amounts which may be owing to me by 13
any of the Corporations on the date of my death. 14
(2) The reference contained therein to my shares in the capital stock of any of the Corporations shall 15
take effect as if it had been a reference to the capital holding(s) which is the result of such stock 16
dividend, stock split, amalgamation, reconstruction, re-arrangement or sale. 17
(3) If any of the Corporations changes its name or corporate structure, or transfers its assets to any 18
successor Corporation, it is my intention that any reference in my Non-Probate Will or in any Codicil 19
hereto, to such corporation shall include a reference to any new name of such Corporation and any such 20
successor corporation. 21
22
5. Transfers to Non-Probate Estate Trustee 23
I give my Non-Probate Estate to my Non-Probate Estate Trustee upon the following trusts: 24
(a) Debts and Death Taxes -- My Non-Probate Estate Trustee in conjunction with the 25
estate trustees of my Probate Will shall pay out of the capital of my Non-Probate Estate 26
all my just debts, including any income taxes payable for year(s) prior to my death and in 27
the year of my death to the date of my death, funeral and testamentary expenses, and all 28
succession duties, estate, gift, inheritance, and death taxes, whether imposed pursuant to 29
the law of this or any other jurisdiction otherwise payable by any beneficiary hereunder. 30
(b) Disposition of Personal Use Property --If I leave a list disposing of any articles 31
of personal and household use and ornament, it is my wish that my Non-Probate Estate 32
Trustee and my beneficiaries honor such list even though they are not legally obligated to 33
do so. . My Non-Probate Estate Trustee shall do his best to honor my childrens wishes, 34
but he is not legally obligated to do so. 35
(i) My Non-Probate Estate Trustee shall dispose of all remaining articles of 36
personal and household use or ornament in such manner as he in his absolute 37
discretion considers appropriate, including gifts, donations to charities, and sales. 38
Any proceeds of sale shall fall into the residue of my Non-Probate Estate. 39
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6. Residue for My Issue 41
My Non-Probate Estate Trustee shall divide the residue of my Non-Probate Estate on the 30th day 42
following the date of my death (the "Time of Division") into the number of equal parts required to effect 43
the following distribution, and each part shall be administered in accordance with paragraphs 7 and 8 of 44
my Non-Probate Will. 45
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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 trust 2
as herein provided. If Mary Magdalene is not living at the Time of Division, the 3
Estate in entirety shall be divided in to equal part and shall be set aside out of the residue 4
FOR MY CHILDREN in the following equal parts: 5
(a) Part for ADAM CHRIST -- One part shall be set aside if my son, ADAM 6
CHRIST , or any of his issue is living at the Time of Division. The part shall be 7
held in trust as herein provided. If ADAM CHRIST is not living at the Time of 8
Division, the part shall be dealt with by paragraph 8 of my Non-Probate Will headed 9
SPECIAL PROVISIONS FOR MY GRANDCHILDREN and GREAT 10
GRANDCHILDREN. If neither ADAM CHRIST nor any of his issue is then 11
living, 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, 13
JAMES CHRIST , or any of his issue is living at the Time of Division. The part 14
shall be held in trust as herein provided. If JAMES CHRIST is not living at the 15
Time of Division, the part shall be dealt with by paragraph 8 of my Non-Probate Will 16
headed SPECIAL PROVISIONS FOR MY GRANDCHILDREN and GREAT 17
GRANDCHILDREN. If neither JAMES CHRIST nor any of his issue is then 18
living, the part shall not be set aside out of the residue. 19
(c) Part for MEREDITH MAGDALENE -- One part shall be set aside if my 20
step daughter, MEREDITH MAGDALENE , or any of her issue is living at the 21
Time of Division. The part shall be held in trust as herein provided. If MEREDITH 22
MAGDALENE is not living at the Time of Division, the part shall be dealt with by 23
paragraph 8 of my Non-Probate Will headed SPECIAL PROVISIONS FOR MY 24
GRANDCHILDREN and GREAT GRANDCHILDREN. If neither MEREDITH 25
MAGDALENE nor any of her issue is then living, the part shall not be set aside out of 26
the residue. 27
(d) Part for JOHN CHRIST -- One part shall be set aside if my son, JOHN 28
CHRIST , or any of his issue is living at the Time of Division. The part shall be 29
held in trust as herein provided. If JOHN CHRIST is not living at the Time of 30
Division, the part shall be dealt with by paragraph 8 of my Non-Probate Will headed 31
SPECIAL PROVISIONS FOR MY GRANDCHILDREN and GREAT 32
GRANDCHILDREN. If neither JOHN CHRIST nor any of his issue is then 33
living, the part shall not be set aside out of the residue. 34
(e) Part for DAVID CHRIST -- One part shall be set aside if my son, DAVID 35
CHRIST , or any of his issue is living at the Time of Division. The part shall be held in 36
trust as herein provided. If DAVID CHRIST is not living at the Time of Division, 37
the part shall be dealt with by paragraph 8 of my Non-Probate Will headed SPECIAL 38
PROVISIONS FOR MY GRANDCHILDREN and GREAT GRANDCHILDREN. If 39
neither DAVID CHRIST nor any of his issue is then living, the part shall not be 40
set aside out of the residue. 41
7. Trusts of Residue for My Children and Other Issue 42
My Non-Probate Estate Trustee shall separately administer each of the trusts directed to be set up by 43
paragraph 6 of my Non-Probate Will upon the following terms: 44
(1) Definitions 45
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(a) "Division Day" with respect to each of the trusts directed to be set up by 1
paragraph 6 of my Non-Probate Will means the first to happen of any date during the 2
lifetime of a child that my Non-Probate Estate Trustee selects as Division Day and the 3
date of death of a child. 4
(b) "The Family Members" with respect to each of the trusts directed to be set up by 5
paragraph 6 of my Non-Probate Will means collectively the child of mine for whom the 6
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 to 8
the Family Members of each trust, and to the exclusion of any one or more of the Family Members, for 9
their support, education, and benefit, such amounts out of the income derived from the child's trust or the 10
whole income, and out of the capital thereof or the whole capital, that in the exercise of an absolute 11
discretion my Non-Probate Estate Trustee considers appropriate from time to time. The interests of each 12
child are my primary concern and my Non-Probate Estate Trustee shall not be required to keep an even 13
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- 15
Probate Estate Trustee shall immediately prior to the end of each fiscal period pay any surplus net 16
income derived from a child's trust to the child. 17
(4) Division Day 18
(a) If my Non-Probate Estate Trustee has selected a date during the lifetime of a child 19
as that child's Division Day for that child's Trust, my Non-Probate Estate Trustee shall 20
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- 22
Probate Estate Trustee shall dispose of that child's trust in such manner as that child may 23
by his or her last Will have appointed. In default of such appointment, or insofar as it 24
does not take effect, the child's trust shall be divided among the issue of such child in 25
equal shares per stirpes and dealt with by paragraph 8 of my Non-Probate Will headed 26
SPECIAL PROVISIONS FOR MY GRANDCHILDREN and GREAT 27
GRANDCHILDREN. 28
(c) If no issue of the child is living on that child's Division Day, that child's trust shall 29
be shall be divided among my issue who are living on that child's Division Day in equal 30
shares per stirpes, provided that if any portion of my Non-Probate Estate is being held in 31
trust for any one or more of my issue, the share shall be added to such trust and shall be 32
administered as though originally a part thereof. 33
8. Special Provisions for My Grandchildren and Great Grandchildren 34
If, as the result of the distributions provided for in my Non-Probate Will, a beneficiary, other than my 35
children, becomes entitled to receive any amount of the capital of my Non-Probate Estate before 36
attaining age 45 (except an amount paid out to the beneficiary as the result of an exercise of discretion 37
by my Non-Probate Estate Trustee), the amount, which is referred to in this paragraph as "the part", shall 38
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 to 40
him or her or apply for his or her support, education, and benefit so much of the income 41
and capital of the part that my Non-Probate Estate Trustee in the exercise of an absolute 42
discretion considers appropriate from time to time. Any surplus income shall be 43
accumulated and added to the part. After the longest period allowed by law to accumulate 44
income, my Non-Probate Estate Trustee shall pay the net income from such part to the 45
beneficiary if he or she has attained age 18 or upon his or her attaining age 18. Until he or 46
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she attains age 18, the net income shall be paid and transferred to his or her parent(s) or 1
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 shall 3
transfer one third of the balance of the part to him or her. When such beneficiary attains 4
age 40, my Non-Probate Estate Trustee shall transfer one half of the balance of the part to 5
him or her. When such beneficiary attains age 45, my Non-Probate Estate Trustee shall 6
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 the 8
part (or the amount thereof not received by such beneficiary) equally per capita among 9
the children of such beneficiary who survive him or her. If such beneficiary leaves no 10
children, the part shall be divided among his or her siblings then alive in equal shares per 11
capita, and if such beneficiary leaves no children or siblings then alive, the part shall be 12
divided among my issue in equal shares per stirpes. If however, any part of my estate is 13
being held in trust for a beneficiary of my Non-Probate Estate, the portion of the part so 14
held shall be added to that trust as an original portion thereof. 15
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9. Payments for Minors 17
(1) Except as otherwise provided in my Non-Probate Will, if any person becomes entitled to receive any 18
share of my Non-Probate Estate while under the age of majority, I direct my Non-Probate Estate Trustee 19
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-Probate 21
Estate Trustee in the exercise of an absolute discretion shall consider advisable for the benefit of such 22
person. 23
(2) I authorize and grant my Non-Probate Estate Trustee to make any payments for any person under 24
the age of majority which my Non-Probate Estate Trustee is entitled to make under the terms of my 25
Non-Probate Will to a parent or guardian or other person standing in loco parentis to such person, or to 26
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 discretion considers appropriate. Any evidence that 28
my Non-Probate Estate Trustee has made any payment shall be a sufficient discharge to my Non-Probate 29
Estate Trustee. 30
10. Conversion of My Assets and Powers of Non-Probate Estate Trustee 31
(1) My Non-Probate Estate Trustee shall call in the assets of my estate and may sell any of the assets at 32
such times, for such price, and in such manner and upon such terms as my Non-Probate Estate Trustee in 33
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 without 35
liability for loss or depreciation as long as my Non-Probate Estate Trustee in the exercise of an absolute 36
discretion considers appropriate, whether or not such asset is an investment in which a trustee may by 37
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 the 39
following powers to be used in the exercise of an absolute discretion at any time: 40
(a) Investments 41
(i) My Non-Probate Estate Trustee may make any investments for my Non- 42
Probate Estate that my Non-Probate Estate Trustee considers appropriate. My 43
Non-Probate Estate Trustee shall not be liable for any loss that may happen to my 44
Non-Probate Estate as a result of any investment made by my Non-Probate Estate 45
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 my 1
Non-Probate Estate Trustee considers appropriate as investment counsel, broker, 2
or agent. My Non-Probate Estate Trustee may rely upon the advice of and 3
delegate to such counsel, broker, or agent the management of part or all of my 4
Non-Probate Estate as my Non-Probate Estate Trustee deems advisable from time 5
to time on a discretionary account basis. My Non-Probate Estate Trustee in the 6
exercise of an absolute discretion may pay to such counsel, broker, or agent any 7
fees or charges so incurred out of my Non-Probate Estate, charged to income or to 8
capital or both as my Non-Probate Estate Trustee may determine. Any such fees 9
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 dispose 12
of the assets of my Non-Probate Estate, subject to the trusts of my Non-Probate Will, in 13
any manner and on any terms. 14
(c) Retention of Assets -- My Non-Probate Estate Trustee may hold any of my assets 15
in the form in which they may be at the time of my death for any length of time, whether 16
or not they are assets in which my Non-Probate Estate Trustee would otherwise be 17
entitled to invest trust monies. Those assets so retained shall be deemed to be authorized 18
investments. 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 such 21
valuations as my Non-Probate Estate Trustee in the exercise of an absolute discretion 22
considers appropriate. In determining such valuations, my Non-Probate Estate Trustee 23
may consider such future expectations for such assets as my Non-Probate Estate Trustee 24
in the exercise of an absolute discretion considers appropriate, including any tax liability 25
or credit. Any decision of my Non-Probate Estate Trustee in this regard shall be binding 26
on all beneficiaries of my Non-Probate Estate. 27
(e) Employment of Agents -- If my Non-Probate Estate Trustee considers it necessary 28
to 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 my 30
Non-Probate Estate, my Non-Probate Estate Trustee may employ such corporation or 31
person and may pay compensation out of my Non-Probate Estate, all as my Non-Probate 32
Estate 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, 35
and 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 my 37
Non-Probate Will, my Non-Probate Estate Trustee may compromise, settle or waive any 38
claim at any time due to or by my Non-Probate Estate and may make any agreement with 39
any person, government or corporation which shall be binding upon all persons interested 40
in my Non-Probate Estate. 41
(h) Elections -- My Non-Probate Estate Trustee may at any time make or choose not 42
to make any election, or designation, or may do, or choose not to do, any other act or 43
exercise 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 power 1
and discretion in this Non-Probate Will given to my Non-Probate Estate Trustee, I 2
authorize and empower him to carry on any business I may own or I may be interested in 3
at the time of my death, either alone or in partnership with any person or persons who 4
may be a partner or partners therein for the time being, for such length of time as in their 5
uncontrolled discretion my Non-Probate Estate Trustee may consider to be in the best 6
interests of my Non-Probate Estate. I give to my Non-Probate Estate Trustee power to do 7
all things necessary or advisable for the carrying on of any such business. 8
11. Relationships 9
Any reference in my Probate Will to a person in terms of a relationship to another person 10
determined by blood or marriage shall not include a person born outside marriage nor shall it include a 11
person who comes within the description by tracing through another person who has been born outside 12
marriage, provided that: 13
(a) any person who has been legally appointed above here shall be regarded as 14
having been born inside marriage to his; and 15
(b) any person who is born outside marriage and whose natural parents subsequently 16
marry shall be regarded as having been born inside marriage to his or her natural parents. 17
12. Compensation 18
I authorize my Non-Probate Estate Trustee to take and transfer at reasonable intervals from the income 19
and/or capital of my Non-Probate Estate amounts on account of compensation which my Non-Probate 20
Estate Trustee reasonably anticipates will be requested at the end of the accounting period in progress. If 21
the amount subsequently awarded on Court audit or agreed to by the beneficiaries is less than the 22
amount so taken, the excess shall be repaid to my Non-Probate Estate without interest. 23
13. Exclusions from Net Family Property 24
(1) I declare that the income, including capital gains, arising from any interest passing to a beneficiary 25
under my Non-Probate Will shall be excluded from such beneficiary's net family property or from the 26
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 shall 28
be the separate property of the beneficiaries and shall not fall into any Community of Property or be 29
subject to any other matrimonial rights of the spouses of beneficiaries and shall not be liable for the 30
obligations of any such spouses or Community. All such amounts transferred to the beneficiaries shall 31
not be subject to seizure for the payment of any debts of beneficiaries or their representatives while in 32
the possession and control of my Non-Probate Estate Trustee. 33
14. Alternative Dispute Resolution 34
Any difference of opinion that may arise during the administration of my Non-Probate Estate should be 35
resolved as early as possible and with a minimum of formality through the mediation process. I have 36
every confidence that this wish will be honored. 37
15. Governing Law 38
My Non-Probate Will shall be governed by and construed in accordance with the laws of XXXXX. 39
IN TESTIMONY WHEREOF I have to my Non-Probate Will, which is written upon this and preceding 40
pages of paper, subscribed my name given to me by my beloved father Joseph and mother Mary 41
house of the Christ family, a miracle of life celebrated annually beginning on the 11th day of September 42
in the year 6 BC forever memorialized in the Office of the Registrar of Births and Deaths for the City of 43
XXXXXXXXX, in the County of XXXXX, In the State of XXXX, in the Country of XXXXX; before 44
and upon the planet Terra, being of sound mind and disposing memory and not acting under duress or 45
undue influence, and fully understanding the nature and extent of all my property and of this disposition 46
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thereof, do hereby make, publish, announce and declare this document to be my non probate Trust and 1
Last Will and Testament, and do hereby revoke any and all other wills and codicils heretofore made by 2
or for me; I forbid the unauthorized use and/or the authorized misuse of the name or names of any 3
beneficiary hereunder; in the month of_________, on the_______ day, of 20_______year. 4
5
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SIGNED by: Jesus Christ ,______________________________________________, 7
8
IN WITNESS WHEREOF, I, the said Jesus Christ, hereunto set my hand and seal to this my Will and 9
Testament, typewritten on eight (8) sheets of paper (including the attestation clause and signatures of 10
Witnesses and Notary Public), upon the margin of each page of which I have also initialed and sealed 11
this __________ day of _________________________________, 20___. 12
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By: ________________________________ 15
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17
STATE OF IDAHO ) 18
) 19
COUNTY OF ADA ) 20
21
We, Witness#1, #2 and #3, the Witnesses, respectively, whose names are signed to the attached or 22
foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the 23
testator Jesus Christ signed and executed the instrument as the testatrix, and that the testator affirmed 24
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 the 26
articulation and the memorialization of the spoken word by and through the reading of the Non Probate 27
Will and Testament contained herein, and to the best of our knowledge the testator had reached the age 28
of majority, was of sound mind, and was under no constraint or undue influence, as his Non-Probate 29
Will, in the presence of us both, present at the same time, who at his request, in his presence and in the 30
presence of each other have subscribed our names as witnesses: 31
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1st Witness: _______________________________ Date: ________________________ 34
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2nd Witness: _______________________________ Date: ________________________ 36
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3rd Witness: _______________________________ Date: ________________________ 38
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