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Form #1023Alternative Provisions
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Alternative Provisions to Describe Beneficial Interests - free to use
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Alternative provisions
to describe beneficial interests.
A.
Beneficial interest in one person, on his or her death, to another:
"The entire interest in _________[husband's
name], and on his death provided that he has not previously sold, assigned,
transferred, or otherwise disposed of his beneficial interest and provided
further that the Trust property has not previously been conveyed then to:
_________[wife's name], his wife."
To which may be added:
"… and if _________[wife's name],
predeceases _________[husband's name], or after _________[husband's
name] death, if _________[wife's name] has not previously sold,
assigned, transferred or otherwise disposed of her interest and provided
further that the Trust property has not previously been conveyed then to _________[children's
names], their children [in joint tenancy or in undivided equal
shares]."
B.
Beneficial interest in Joint Tenancy:
"_________[Husband's name] and _________[wife's
name], his wife as Joint Tenants, not as Tenants in Common, with the right
of survivorship."
or
"_________[Husband's name] and _________[wife's
name], his wife as Joint Tenants, not as Tenants in Common, with the right
of survivorship and on the death of the survivor provided the property has not
previously been conveyed and provided that the beneficial interest has not been
sold, assigned, transferred or otherwise disposed of then to: _________[children's
names], their children."
C. If
interest is held in two or more people, the provision should read as follows:
"An undivided one-third interest in _________[name
of third person]
"An undivided one-third interest in _________[husband's
name]
"An undivided one-third interest in _________[name
of other third person]"
or
"An undivided one-third interest in _________[name
of third person husband], and on his death provided that he has not
previously sold, assigned, transferred or otherwise disposed of his beneficial
interest and provided further that the Trust property has not previously been
conveyed then to _________[name of third person's wife], his wife;
"An undivided one-third interest in _________[husband's
name], and on his death provided that he has not previously sold, assigned,
transferred, or otherwise disposed of his beneficial interest and provided
further that the Trust property has not previously been conveyed then to:
_________[wife's name], his wife;
"An undivided one-third interest in _________[name
of other third person husband], and on his death provided that he has not
previously sold, assigned, transferred or otherwise disposed of his beneficial
interest and provided further that the Trust property has not previously been
conveyed then to: _________[name of other third person's wife], his
wife."
D. If
beneficial interest is to be held by a PARTNERSHIP, the provision in C may be
used, or:
"_________[Names of individuals], d/b/a
_________ Company, a partnership."
E.
Beneficial interest in a CORPORATION:
"The entire interest in the _________
Corporation."
F.
Beneficial interest in JOINT TENANCY with instructions as to disposition after
death of surviving joint tenant:
"_________[Husband's name] and _________[wife's
name], his wife, as Joint Tenants with the right of survivorship, and on
the death of the survivor provided the property has not been sold, assigned,
transferred or otherwise disposed of, then as follows: An undivided one-half
interest in equal shares to _________[names], the children by a former
marriage of _________[wife's name]; and an undivided one-half interest
in equal shares to _________[names], the children by a former marriage
of _________[husband's name]."
G.
Conditional disposition of beneficial interest on death of beneficiary:
"An undivided 60 percent interest in _________[husband's
name], and on his death provided that he has not previously sold, assigned,
transferred, or otherwise disposed of his beneficial interest and provided
further that the Trust property has not been conveyed previously then to:
_________[wife's name], his wife as to an undivided _________ of his
interest (or _________ percent of the total beneficial interest) but if she
shall predecease _________[husband's name], then the _________ percent
of the beneficial interest shall go to _________[sons' names], the sons
of _________[husband's name], in equal shares and is to be added to each
of the shares as set out; the remaining _________(or _________ percent of
the entire beneficial interest) shall go to _________[sons' names],
the sons of _________[husband's name] in equal shares and shall be added
to the interest they have and is to be disposed of as set out;
"An undivided _________ interest in _________[husband's
son], the son of _________[husband's name] and on the death of
_________[husband's son], provided that he has not previously sold,
assigned, transferred or otherwise disposed of his beneficial interest and
provided further that the Trust property has not previously been conveyed then
to: _________[name of son's wife], the wife of _________[son's name];
"An undivided _________ percent interest in
_________[husband's other son], the son of _________[husband's name]
and on the death of _________[husband's other son], provided that he has
not previously, sold, assigned, transferred, or otherwise disposed of his
beneficial interest and provided further that the Trust property has not
previously been conveyed then to: _________[wife of husband's other son],
the wife of _________[husband's other son]."
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These downloadable forms are only for personal use. Retransmission, redistribution,
or any other commercial use is prohibited. This includes reposting forms from this
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Please note that the donator may have included different usage terms regarding this
form, and you agree to abide by these terms. It is highly recommended that you have
a licensed attorney review any legal documents for which you are searching in order
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Your use of this site constitutes your acceptance of our terms of use and your agreement
to hold this site, its officers, employees and any contributors to this site harmless
for any damage you might incur from your use of any submissions contained on this
site. If you do not agree to the above terms, please do not proceed.
These forms are provided to assist business owners and others in understanding important
points to consider in different transactions. They are offered with the understanding
that no legal advice, accounting, or other professional service is being offered
by these documents or on this website. Laws vary in the different states. Agreements
acceptable in one state may not be enforced the same way under the laws of another
state. Also, agreements should relate specifically to the particular facts of each
situation. Therefore, it is important to consult legal counsel whenever utilizing
these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com
is not engaged in recommending or referring members on the site or making claims
about the competence, character or qualifications of its participating members.
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