A will is a written, legally enforceable expression or declaration of a persons wishes concerning the disposition of his or her property upon death.

A situation in which a person dies without having prepared a valid will is called . State laws draw the will the decedent failed to make in order to determine the disposition of the probate property of those who have died without a will. Generally, under these circumstances, the decedents spouse is favored first, followed by the children, and then other offspring (grandchildren or great-grandchildren). If the spouse, children, or other offspring survive, they will divide the estate and other relatives will receive .

Suppose that Alyssa Crystal Alvarez has prepared the following will:

The Last Will and Testament of Alyssa Crystal Alvarez

Section 1 - Introductory Clause

I, Alyssa Crystal Alvarez, of the city of Syracuse, New York, do hereby make my last will and revoke all wills and codicils made prior to this will.

Section 2 - Direction of Payments

Article 1: Payment of Debts and Expenses

I direct payment out of my estate of all just debts and the expenses of my last illness and funeral.

Section 3 - Disposition of Property

Article 2: Disposition of Property

I give and bequeath to my husband, Tim Brian Alvarez, all my jewelry, automobiles, books, and photography equipment, as well as all other articles of personal and household use.

I give to the Syracuse Historical Society the sum of $35,000.

All the rest, residue, and remainder of my estate, real and personal, wherever located, I give in equal one-half shares to my children, Roxanne Scarlet and Wolfgang Alexander, their heirs, and assigns forever.

Section 4 - Appointment Clause

Article 3: Nomination of Executor and Guardian

I hereby nominate as the Executor of this Will my beloved husband, Tim Brian Alvarez, but if he is unable or unwilling to serve, then I nominate my sister-in-law, Gabrielle Elizabeth Alvarez. In the event that both persons named predecease me, or shall cease or fail to act, then I nominate in the place of said persons, the Syracuse Trust Bank of Syracuse, New York.

If my husband does not survive me, I appoint my brother, Charles David Cohen, Guardian of the person and property of my son, Wolfgang Alexander, during his minority.

Section 5 - Tax Clause

Article 4: Payment of Taxes

I direct that there shall be paid out of my residuary estate (from that portion that does not qualify for the marital deduction) all estate, inheritance, and similar taxes imposed by a government in respect to property includable in my estate for tax purposes, whether the property passes under this will or otherwise.

Section 6 - Simultaneous Death Clause

Article 5: Simultaneous Death

If my husband and I shall die under such circumstances that there is not sufficient evidence to determine the order of our deaths, then it shall be presumed that he survived me. My estate shall be administered and distributed in all respects in accordance with such assumption.

Section 7 - Execution and Attestation Clause

In witness thereof, I have affixed my signature to this, my last will and testament, which consists of five (5) pages, each of which I have initialed, this 24th day of July, 2011.

Signature: Alyssa Crystal Alvarez

Section 8 - Witness Clause

Signed, sealed, and published by Alyssa Crystal Alvarez, the testator, in the presence of us, who, at her request, and in the presence of each other, all being present at the same time, have written our names as witnesses.

(Note: Normally the witness signatures and addresses would follow this clause.)

The testator of this will is .

Alyssa Crystal Alvarezs first choice as executor of her estate is . This is specified in section , article of the will.

In the event that her husband does not survive her, Alyssa Crystal Alvarez has appointed , as guardian of her son while he remains a minor. This is specified in section , article of the will.

Upon her death, Alyssa Crystal Alvarez has planned a charitable contribution of

to the Syracuse Historical Society. This is specified in section , article of the will.