Assignment 8:

Draft a South Carolina compliant Will for David Rice

Please draft a will for Mr. Rice pursuant to the requirements of S.C. Law. Make up facts in the testator's life if you like. Also draft a "living will" specifying that extraordinary medical care and nutrition and hydration be withheld if appropriate. (Hint Look for the Declaration for Desire for a Natural Death Statute in the SC Code of Laws for a Living Will sample)

David Alexander Rice has come to the law office where you work and wishes to make a will and a living will.

He is presently unmarried, having been divorced from Kathryn Hudson after a five year marriage. Two children were born during the marriage, Walter and Jean. Walter and Jean are now 3 and 5 and David is anxious to insure they are provided for should anything happen to him. David still loves and wishes to provide for Kathryn, he just cannot live with her because she loves soccer too much.

David also has a 24 year old son, Curtis Stone Rice, from a disastrous first marriage. He wishes to leave nothing to this son because the son spends all his money on fancy dining and is a "foodie".

David's present assets consist of: A checking account of 1,587.00; a townhouse valued at 400,000.00(where he presently resides); a home at 123 Bay Street valued at 1,600,000.00 (where Kathryn and the kids live); Two cars valued at 75,000.00; his mother's diamond jewelry; a CD of 15,000.00; and a stocks and bonds portfolio valued at 2,123,000.00. He also has the usual assortment of household furniture and goods.

Sample Will LAST WILL AND TESTAMENT WILL B. GOODCLIENT, II I, Will B. Goodclient, II, a resident of and domiciled in the City of Columbia, in the State and County aforesaid, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils at any time heretofore make by me. ITEM I I directs that all estate, inheritance, succession, death or similar taxes assessed with respect to my estate herein disposed of. or any part thereof. or on any bequest or devise contained in this my I ast Will (which term wherever used herein shall include any Codicil hereto). or on any insurance upon my life or on any property held jointly by me with another or on any transfer made by me during my lifetime or on any other property or interests in property included in my estate for such tax purposes be paid out of my residuary estate and shall not be charged to or against any recipient. beneficiary. transferee or owner of any such property or interests in property included in my estate for such tax purposes. ITEM II I give and bequeath all of my personal and household effects of every kind including but not limited to furniture. appliances. furnishings. pictures. silverware. china. glass. books. jewelry. wearing apparel. boats. automobiles. and other vehicles. and all policies of fire. burglary. property damage. and other insurance on or in connection with the use of this property. to my children surviving me. in approximately equal shares. provided. however. the issue of a deceased child surviving me shall take per stripes the share their parent would have taken had such parent survived me. If my issue do not agree to the division among them. the decision of my executor and my issue abide by any memorandum by me directing the disposition of this property or any part thereof. If any beneficiary hereunder is a minor. my executor may distribute such minor's share to such minor or for such minor's use to any person with whom such minor is residing or who has the care or control of such minor without further responsibility and the receipt of the person to whom it is distributed shall be a complete discharge of my executor. The cost of packing and shipping such property shall be charged against my estate as an expense of administration.ITEM III I give. devise and bequeath all the rest. residue and remainder of my property of every kind and description (including lapsed legacies and devises) whereas situate and whether acquired before or after the execution of this Will. absolutely in fee simple to my children surviving me in approximately equal shares. provided. however. the issue surviving me of a predeceased child of mine shall take per stirpes the shares their parent would have taken had he or she survived me. Or in default of such issue to my sister. Imma Goodclient. If my said sister shall not survive me. then I give. devise and bequeath such property in equal shares to such of the issue of my said sister as shall survive me. per stirpes. ITEM IV I hereby nominate, constitute and appoint as Executor of this my Last Will and I estament my father. Will B. Goodclient. and direct that he shall serve without bond. If for any reason he is unable or unwilling to serve or continue to serve then I hereby nominate. constitute and appoint as substitute or successor executor my sister. Imma Goodclient and direct that she shall serve without bond. If for any reason she is unable or unwilling to serve or continue to serve then I hereby nominate. constitute and appoint as corporate substitute or successor executor the Last National Bank of America and direct that it shall sere without bond. ITEM V Except as otherwise provided herein. if the Last National Bank of America or any successor as herein defined should fail to qualify as substitute or successor Executor hereunder. or for any reason should cease to act in such capacity. the successor or substitute Executor shall be some other bank or trust company qualified to do business in the State of my domicile at the time of my death. which successor or substitute Executor shall be designated in a written instrument filed with the court having jurisdiction over the probate of my estate and signed by or on behalf of my oldest living child or it such child fails to act by the court having jurisdiction over the probate of my estate.ITEM VI Whenever the word "Executor" or any modifying or substituted pronoun therefore is used in this my Will. such words and respective pronouns shall be held and taken to include both the singular and the plural. the masculine. feminine and neuter gender thereof. and shall apply equally to the Executor acting hereunder. and to any successor or substitute Executor shall possess all the rights. powers and duties. authority and responsibility conferred upon the Iexecutor originally named herein. The term "Executor" as used herein shall be synonymous with the term "Personal Representative". ITEM VII For services provided as Executor. my individual Executor shall receive the amount provided by law. If my corporate Executor shall serve. it shall receive for its services an amount. which shall be determined by its Standard Fee Schedule in effect and applicable at the time of the Performance of such services. If no such schedule shall be in effect at that time. it shall be entitled to reasonable compensation for the services rendered. ITEM VIII By was of illustration and not of limitation and in addition to any inherent. implied or statutory powers granted to executors generally. my fixecutor is specifically authorized and empowered with respect to any property. real or personal. at any time held under any provision of this my Will: to allot allocate. between principal and income. assign. borrow. buy. care for. collect. convert. deal with. dispose of. enter into. exchange. hold. improve. incorporate any business of mine. invest. lease. manage. grant and exercise options with respect to take possession of. pledge. receive. release. repair. sell. sue for. to make distribution in cash or in kind or partly in each without regard to the income tax basis of such asset. and in general. to exercise all of the powers in the management of my Iistate which any individual could exercise in the management of similar property owned in its own right. upon such terms and conditions as to my Executor may seem best. and to execute and deliver any and all instruments and to do all acts which my Executor may deem proper or necessary to carry out the purposes of this my Will. without being limited in any way by the specific grants of power made. and without the necessity of a court order. ITEM IX If under the terms of this Will any money is bequeathed or any property is devised to or becomes distributable to a beneficiary who has not attained the age of eighteen (18) years at the date of my death. then notwithstanding the provision of this Will devising or bequeathing such money or property to such beneficiary. I give. devise and bequeath such money or property under the South Carolina Uniform Gifts to Minors Act to such beneficiary .ITEM X My Executor shall have absolute discretion. but shall not be required. to make adjustments in the rights of any beneficiaries. or among the principal and income accounts to compensate for the consequences of any tax decision or election. or of any investment or administrative decision. that my Executor believes has had the effect. directly . or indirectly, or preferring one beneficiary or group of beneficiaries over others. In determining the federal estate and income ax liabilities of my estate. my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my estates shall be used as federal state inx deductions or as federal income tax deductions. ITEM XI For purposes of this my Will. "children" means the lawful blood descendants in the first degree of the parent designated: and "issue" and "descendants" mean the lawful blood descendants in any degree of the ancestor designated: provided. however. that if a person has been adopted. that person shall be considered a child of such adopting parent and such adopted child and his issue shall be considered as issue of the adopting parent or either of the adopting parents. The terms "child." "children." "issue." "descendant" and "descendants" or those terms preceded by the terms "living" or "then living" shall include lawful blood descendant in the first degree of the parent designated even though such descendant is born after the death of such parent. The anti-lapse statute shall not apply to this my Will. as in all cases where I intended to specify a contingent taker. I have purposely done so. 1. Will B. Goodclient. H. Testator. sign my name to this instrument this day of 20 . and being first duly sworn. do hereby declare to the undersigned authority that I sign and execute this instrument as my Last Will and that I sign it willingly. that I execute it as my free and voluntary act for the purpose therein expressed and that I am eighteen (18) years of age or older. of sound mind. and under no constraint or undue influence. WILL B. GOODCLIENT. IWe. and the witnesses. sign out names to this instrument. being first July sworn. and do hereby declare to the undersigned authority that the Testator signs and executes this instrument as his Last Will and that he signs this will as witness to the Testator's signing. and that to the best of our knowledge the Testator is eighteen (18) years of age or older. of sound mind. and under no constraint or undue influence. Witness Witness STATE OF SOUTH CAROLINA COUNTY OF RICHLAND Subscribed. sworn to and acknowledged before me by Will B. Goodclient. II the Testator. and subscribed and sworn to before me by . Witness. this day of 20 (SEAL) Notary Public. State of South Carolina My Commission Expires