Will with Testamentary Trust Template

Will with Testamentary Trust Template

Important: This template is general information and may need changes to match local laws. Consider legal help for estate planning, especially when creating trusts.

This Will (the “Will”) is made on [Date] by:

Testator: [Full Legal Name], residing at [Address] (the “Testator”).

1. Declaration

1.1 I, [Full Legal Name], declare this document to be my Last Will and Testament. I revoke all prior wills and codicils.

2. Family Information (Optional)

2.1 Spouse/Partner. [Name], ☐ Spouse ☐ Domestic Partner ☐ None.
2.2 Children. [Names and dates of birth], ☐ None.
2.3 Other Dependents (Optional). [Names].

3. Appointment of Executor

3.1 Executor. I appoint [Executor Full Name] as Executor of my estate.
3.2 Alternate Executor. If the Executor cannot or will not serve, I appoint [Alternate Executor Name].

4. Payment of Debts and Expenses

4.1 I direct my Executor to pay my legally enforceable debts, funeral expenses, and expenses of administering my estate, as permitted by law.

5. Specific Gifts (Optional)

5.1 I make the following specific gifts:

• To [Name]: [Item/amount]

• To [Name]: [Item/amount]
  5.2 If a beneficiary listed above does not survive me, that gift shall pass to: [Alternate beneficiary or residue].

6. Residuary Estate

6.1 I give the rest of my estate (the “Residuary Estate”) to the Trustee of the Testamentary Trust created in Section 7, to be held and administered under the terms below.

7. Testamentary Trust

7.1 Creation. I create a trust (the “Trust”) upon my death known as the [Name of Trust] Testamentary Trust.
7.2 Beneficiaries. The beneficiaries of the Trust are: [Names].
7.3 Trustee. I appoint [Trustee Full Name] as Trustee.
7.4 Successor Trustee. If the Trustee cannot or will not serve, I appoint [Successor Trustee Name].

8. Trust Purpose and Distribution Standards

8.1 Purpose. The Trust is intended to provide for the beneficiaries in a responsible and structured manner.
8.2 Distributions. The Trustee may distribute income and principal for the beneficiaries’ needs, including: health, education, maintenance, and support.
8.3 Discretion. The Trustee may consider other resources available to a beneficiary when making distributions.

9. Distribution Schedule (Optional)

9.1 The Trustee may distribute trust principal to a beneficiary as follows (customize):

• []% at age []

• []% at age []

• Remaining balance at age [__]
  9.2 If a beneficiary dies before full distribution, that beneficiary’s share shall pass to: [Contingent beneficiaries].

10. Trustee Powers

10.1 The Trustee may do all acts reasonably necessary to administer the Trust, including:

• Invest and reinvest trust assets

• Maintain property

• Hire professionals (attorneys, accountants, investment advisors)

• Make tax elections and file returns

• Allocate receipts and expenses as permitted by law

11. Spendthrift Protection (Optional)

11.1 To the extent permitted by law, no beneficiary may transfer, assign, or pledge their interest in the Trust, and creditors may not reach Trust assets before distribution.

12. Guardianship (If Applicable)

12.1 If I have minor children, I nominate [Guardian Name] as guardian of the person of my minor children.
12.2 Alternate Guardian. If that person cannot serve, I nominate [Alternate Guardian Name].

13. Taxes (Optional)

13.1 Estate and inheritance taxes (if any) shall be paid from: ☐ Residuary Estate ☐ Trust ☐ Other: [Allocation].

14. Simultaneous Death (Optional)

14.1 If my spouse/partner dies within [__] days of me, they shall be treated as having predeceased me for purposes of this Will.

15. General Provisions

15.1 Survivorship. A beneficiary must survive me by [__] days to inherit under this Will.
15.2 No-Contest Clause (Optional). If permitted by law, any person who contests this Will may forfeit their inheritance: [Terms].
15.3 Governing Law. This Will is governed by the laws of [State/Country].

Signatures

I, [Testator Name], sign this Will on the date written above and declare that I sign it willingly.

Testator: [Full Legal Name]
Date: [Date]
Signature: ___________________________

Witnesses (Recommended / If Required)

Witness 1 Name: [Name]
Address: [Address]
Date: [Date]
Signature: ___________________________

Witness 2 Name: [Name]
Address: [Address]
Date: [Date]
Signature: ___________________________

Notary / Notarization (Optional)

State of [State]
County of [County]

On [Date], before me, [Notary Name], personally appeared [Testator Name], known to me (or satisfactorily proven) to be the person whose name is subscribed to this instrument, and acknowledged that they executed the same for the purposes stated herein.

Notary Public Signature: _______________________
My Commission Expires: _______________________