Last Will and Testament: Essential Guide for All Life Situations

Comprehensive guide to creating a Last Will and Testament for married individuals with children, high net worth individuals, and single individuals without children.

Introduction

A Last Will and Testament is a legally binding document that outlines how you want your assets distributed after your death. It's one of the most important legal documents you'll ever create, regardless of your wealth or family status. This guide explains the purpose, importance, and key considerations for creating a Will tailored to your specific situation, whether you're married with children, have significant assets, or are single without dependents. A properly executed Will ensures your wishes are honored, minimizes family disputes, and can significantly reduce the time and expense of settling your estate.

Key Things to Know

  1. 1

    A Will must meet specific legal requirements to be valid, including being in writing, signed by you, and witnessed by at least two people who aren't beneficiaries (requirements vary by state).

  2. 2

    Executors have significant responsibilities including inventorying assets, paying debts and taxes, and distributing property—choose someone trustworthy, organized, and willing to serve.

  3. 3

    Assets with designated beneficiaries (like life insurance, retirement accounts, and jointly-owned property) typically pass outside your Will directly to named beneficiaries.

  4. 4

    A Will can be contested if someone believes you were under undue influence, lacked mental capacity, or if the document wasn't properly executed according to state law.

  5. 5

    Digital assets (email accounts, social media, cryptocurrency, etc.) should be addressed in modern Wills, including providing access information and instructions.

  6. 6

    Consider including a letter of instruction with your Will that provides information about funeral wishes, location of important documents, and explanations for certain decisions.

  7. 7

    Store your Will in a secure but accessible location, and ensure your executor knows where to find it. A safe deposit box may not be ideal if it's sealed upon death.

  8. 8

    A Will is just one component of a complete estate plan, which may also include advance healthcare directives, powers of attorney, and various types of trusts.

Key Decisions

Single individuals without children

High net worth individuals

Married individuals with children

Customize your Last Will and Testament Template with DocDraft

LAST WILL AND TESTAMENT OF [FULL LEGAL NAME]

ARTICLE I: PRELIMINARY DECLARATIONS

I, [FULL LEGAL NAME], also known as [ALIASES/FORMER NAMES, IF ANY], currently residing at [COMPLETE RESIDENTIAL ADDRESS], born on [DATE OF BIRTH], being of sound mind and memory, and acting under no duress, menace, fraud, or undue influence from any person, do hereby make, publish, and declare this to be my Last Will and Testament, hereby expressly revoking all prior wills and codicils previously made by me.

1.1 Revocation of Prior Wills and Codicils

I hereby revoke, cancel, and annul any and all wills, codicils, and testamentary dispositions, whether oral or written, made by me at any time prior to the execution of this Last Will and Testament. It is my intention that this document shall supersede and take precedence over any testamentary instrument previously executed by me.

1.2 Declaration of Sound Mind

I declare that I am of legal age to make this Will and of sound mind and memory. I am fully aware of the nature and extent of my property and possessions, and of the identity of the persons who are the natural objects of my bounty. I understand the nature and effect of this testamentary act, and I am making this Will freely and voluntarily, without being under any constraint, undue influence, or improper persuasion from any person.

1.3 Governing Law

This Last Will and Testament shall be construed, regulated, and governed by and in accordance with the laws of the State of [STATE NAME]. The validity and interpretation of this Will, and all rights and obligations hereunder, shall be determined in accordance with the laws of said State, regardless of any changes in my residence or domicile subsequent to the execution of this Will.

ARTICLE II: FAMILY INFORMATION

2.1 Marital Status

I am currently [MARITAL STATUS: e.g., married to [SPOUSE'S FULL NAME]/single/divorced/widowed]. [IF APPLICABLE: I was previously married to [FORMER SPOUSE'S NAME(S)], which marriage(s) ended by [divorce/death] on [DATE(S)].]

2.2 Children and Dependents

[CHOOSE ONE OF THE FOLLOWING OPTIONS:]

[OPTION 1: I have the following children, whether biological, legally adopted, or step-children whom I have legally adopted:]

  1. [CHILD'S FULL NAME], born on [BIRTH DATE], currently residing at [ADDRESS];
  2. [CHILD'S FULL NAME], born on [BIRTH DATE], currently residing at [ADDRESS];
  3. [ADDITIONAL CHILDREN AS NEEDED]

[OPTION 2: I have no living children, whether biological, legally adopted, or otherwise.]

[IF APPLICABLE: I am also responsible for the following dependents who are not my children:]

  1. [DEPENDENT'S FULL NAME], born on [BIRTH DATE], relationship: [RELATIONSHIP], currently residing at [ADDRESS];
  2. [ADDITIONAL DEPENDENTS AS NEEDED]

ARTICLE III: EXECUTOR APPOINTMENT

3.1 Primary Executor Designation

I hereby nominate, constitute, and appoint [PRIMARY EXECUTOR'S FULL NAME], currently residing at [EXECUTOR'S ADDRESS], with telephone number [EXECUTOR'S PHONE NUMBER] and email address [EXECUTOR'S EMAIL ADDRESS], to serve as the Executor of this, my Last Will and Testament.

3.2 Successor Executor Designation

In the event that [PRIMARY EXECUTOR'S NAME] is unable or unwilling to serve as Executor, or having qualified, ceases to serve for any reason, I hereby nominate, constitute, and appoint [SUCCESSOR EXECUTOR'S FULL NAME], currently residing at [SUCCESSOR EXECUTOR'S ADDRESS], with telephone number [SUCCESSOR EXECUTOR'S PHONE NUMBER] and email address [SUCCESSOR EXECUTOR'S EMAIL ADDRESS], to serve as Successor Executor.

In the event that both my Primary Executor and Successor Executor are unable or unwilling to serve, or having qualified, cease to serve for any reason, I hereby nominate, constitute, and appoint [SECOND SUCCESSOR EXECUTOR'S FULL NAME], currently residing at [SECOND SUCCESSOR EXECUTOR'S ADDRESS], with telephone number [SECOND SUCCESSOR EXECUTOR'S PHONE NUMBER] and email address [SECOND SUCCESSOR EXECUTOR'S EMAIL ADDRESS], to serve as Second Successor Executor.

3.3 Executor Powers

I hereby grant to my Executor (and any Successor Executor) all powers conferred upon executors under the laws of the State of [STATE NAME], as well as the following specific powers, to be exercised without court authorization or approval:

a) To retain, sell, exchange, rent, lease, transfer, invest, reinvest, and in all respects to manage and control my estate, real, personal, and mixed, with full power to borrow money and to pledge or mortgage any property belonging to my estate as security therefor;

b) To sell, at either public or private sale, any real or personal property belonging to my estate, without the necessity of obtaining court approval, at such prices and upon such terms as my Executor may deem best, and to execute good and sufficient deeds and bills of sale therefor;

c) To continue any business in which I may be engaged at the time of my death, whether as a sole proprietor, partner, or shareholder, for such period of time as my Executor may deem advisable and for the best interests of my estate;

d) To compromise, settle, arbitrate, or abandon claims in favor of or against my estate;

e) To distribute property in kind or in cash, or partly in each, and to allocate different kinds or disproportionate shares of property or undivided interests in property among the beneficiaries, without regard to the income tax basis of such property;

f) To employ attorneys, accountants, investment advisors, and other professional advisors to assist in the administration of my estate, and to pay them reasonable compensation without court approval;

g) To make tax elections and decisions concerning my estate without regard to the relative interests of the beneficiaries;

h) To make distributions to minors or other persons under disability without requiring the appointment of a guardian or conservator, by making such distributions to a custodian under the Uniform Transfers to Minors Act or to a trustee under a trust established for such beneficiary;

i) To allocate items of income or expense to either trust income or principal, as my Executor may determine in their sole discretion;

j) To manage and handle any digital assets I may own at the time of my death, including but not limited to accessing, modifying, deleting, controlling, transferring, or disposing of my digital assets in accordance with the terms of this Will and applicable law.

3.4 Executor Compensation

[CHOOSE ONE OF THE FOLLOWING OPTIONS:]

[OPTION 1: My Executor shall be entitled to reasonable compensation for services rendered in the administration of my estate, commensurate with the complexity of my estate and the time and effort required for its proper administration, in accordance with the prevailing rates for similar services in the jurisdiction where this Will is probated.]

[OPTION 2: My Executor shall be entitled to compensation in the amount of [SPECIFIC AMOUNT OR PERCENTAGE OF ESTATE] for services rendered in the administration of my estate.]

[OPTION 3: My Executor shall serve without compensation for services rendered in the administration of my estate, but shall be reimbursed for all reasonable expenses incurred in the administration of my estate.]

3.5 Executor Bond and Surety

[CHOOSE ONE OF THE FOLLOWING OPTIONS:]

[OPTION 1: No bond or other security shall be required of any Executor named in this Will in any jurisdiction.]

[OPTION 2: My Executor shall be required to post a bond in the amount of [BOND AMOUNT] with sufficient sureties as required by law.]

ARTICLE IV: GUARDIAN APPOINTMENT

4.1 Guardian for Minor Children

[IF APPLICABLE:]

In the event that at the time of my death I have any minor children who are left without a surviving parent or legal guardian, I hereby nominate, constitute, and appoint [PRIMARY GUARDIAN'S FULL NAME], currently residing at [PRIMARY GUARDIAN'S ADDRESS], with telephone number [PRIMARY GUARDIAN'S PHONE NUMBER] and email address [PRIMARY GUARDIAN'S EMAIL ADDRESS], to serve as the Guardian of the person and property of such minor children.

4.2 Successor Guardian Designation

In the event that [PRIMARY GUARDIAN'S NAME] is unable or unwilling to serve as Guardian, or having qualified, ceases to serve for any reason, I hereby nominate, constitute, and appoint [SUCCESSOR GUARDIAN'S FULL NAME], currently residing at [SUCCESSOR GUARDIAN'S ADDRESS], with telephone number [SUCCESSOR GUARDIAN'S PHONE NUMBER] and email address [SUCCESSOR GUARDIAN'S EMAIL ADDRESS], to serve as Successor Guardian of the person and property of my minor children.

4.3 Guardian for Pets

[IF APPLICABLE:]

I hereby designate [PET GUARDIAN'S FULL NAME], currently residing at [PET GUARDIAN'S ADDRESS], with telephone number [PET GUARDIAN'S PHONE NUMBER] and email address [PET GUARDIAN'S EMAIL ADDRESS], to serve as the caretaker for any pets I may own at the time of my death. I direct my Executor to distribute the sum of [AMOUNT] to [PET GUARDIAN'S NAME] to be used exclusively for the care, maintenance, and veterinary expenses of my pets for the remainder of their natural lives. Any unused funds shall be retained by [PET GUARDIAN'S NAME] as compensation for providing such care.

In the event that [PET GUARDIAN'S NAME] is unable or unwilling to serve as caretaker for my pets, I designate [SUCCESSOR PET GUARDIAN'S FULL NAME], currently residing at [SUCCESSOR PET GUARDIAN'S ADDRESS], to serve as successor caretaker under the same terms and conditions.

ARTICLE V: ASSET INVENTORY

5.1 Real Property

At the time of executing this Will, I own the following real property:

  1. Property located at [COMPLETE ADDRESS], legally described as [LEGAL DESCRIPTION], with an approximate value of [VALUE], owned [SOLELY/JOINTLY WITH (NAME AND RELATIONSHIP)];

  2. Property located at [COMPLETE ADDRESS], legally described as [LEGAL DESCRIPTION], with an approximate value of [VALUE], owned [SOLELY/JOINTLY WITH (NAME AND RELATIONSHIP)];

  3. [ADDITIONAL PROPERTIES AS NEEDED]

5.2 Financial Accounts

At the time of executing this Will, I maintain the following financial accounts:

  1. [ACCOUNT TYPE] account at [FINANCIAL INSTITUTION], account number ending in [LAST 4 DIGITS], with an approximate value of [VALUE];

  2. [ACCOUNT TYPE] account at [FINANCIAL INSTITUTION], account number ending in [LAST 4 DIGITS], with an approximate value of [VALUE];

  3. Retirement account(s): [TYPE] at [FINANCIAL INSTITUTION], account number ending in [LAST 4 DIGITS], with an approximate value of [VALUE];

  4. Investment account(s): [TYPE] at [FINANCIAL INSTITUTION], account number ending in [LAST 4 DIGITS], with an approximate value of [VALUE];

  5. [ADDITIONAL ACCOUNTS AS NEEDED]

5.3 Business Interests

[IF APPLICABLE:]

At the time of executing this Will, I own the following business interests:

  1. [BUSINESS NAME], a [BUSINESS ENTITY TYPE] registered in [STATE/JURISDICTION], in which I own [PERCENTAGE]% interest, with an approximate value of [VALUE];

  2. [BUSINESS NAME], a [BUSINESS ENTITY TYPE] registered in [STATE/JURISDICTION], in which I own [PERCENTAGE]% interest, with an approximate value of [VALUE];

  3. [ADDITIONAL BUSINESS INTERESTS AS NEEDED]

5.4 Personal Property of Value

At the time of executing this Will, I own the following personal property of significant value:

  1. Vehicle: [YEAR, MAKE, MODEL], Vehicle Identification Number ending in [LAST 4 DIGITS], with an approximate value of [VALUE];

  2. Jewelry: [DESCRIPTION], with an approximate value of [VALUE];

  3. Artwork: [DESCRIPTION], with an approximate value of [VALUE];

  4. Collectibles: [DESCRIPTION], with an approximate value of [VALUE];

  5. [ADDITIONAL VALUABLE PERSONAL PROPERTY AS NEEDED]

5.5 Digital Assets

At the time of executing this Will, I own the following digital assets:

  1. Email accounts: [EMAIL ADDRESSES];

  2. Social media accounts: [PLATFORM NAMES AND USERNAMES];

  3. Digital currency/cryptocurrency: [TYPE] held in [WALLET/EXCHANGE], with an approximate value of [VALUE];

  4. Digital intellectual property: [DESCRIPTION];

  5. Domain names: [DOMAIN NAMES];

  6. Online financial accounts: [DESCRIPTION];

  7. [ADDITIONAL DIGITAL ASSETS AS NEEDED]

Access information for these digital assets is stored [LOCATION OF ACCESS INFORMATION].

5.6 Life Insurance Policies

At the time of executing this Will, I maintain the following life insurance policies:

  1. Policy with [INSURANCE COMPANY], policy number [POLICY NUMBER], with a face value of [AMOUNT], naming [BENEFICIARY NAME(S) AND RELATIONSHIP(S)] as beneficiary(ies);

  2. Policy with [INSURANCE COMPANY], policy number [POLICY NUMBER], with a face value of [AMOUNT], naming [BENEFICIARY NAME(S) AND RELATIONSHIP(S)] as beneficiary(ies);

  3. [ADDITIONAL POLICIES AS NEEDED]

ARTICLE VI: ASSET DISTRIBUTION

6.1 Specific Bequests

I make the following specific bequests:

  1. I give and bequeath to [BENEFICIARY'S FULL NAME], currently residing at [BENEFICIARY'S ADDRESS], [RELATIONSHIP], the sum of [AMOUNT] and [SPECIFIC ITEM(S) WITH DETAILED DESCRIPTION].

  2. I give and bequeath to [BENEFICIARY'S FULL NAME], currently residing at [BENEFICIARY'S ADDRESS], [RELATIONSHIP], the sum of [AMOUNT] and [SPECIFIC ITEM(S) WITH DETAILED DESCRIPTION].

  3. I give and bequeath to [BENEFICIARY'S FULL NAME], currently residing at [BENEFICIARY'S ADDRESS], [RELATIONSHIP], the sum of [AMOUNT] and [SPECIFIC ITEM(S) WITH DETAILED DESCRIPTION].

  4. [ADDITIONAL SPECIFIC BEQUESTS AS NEEDED]

If any of the above-named beneficiaries predeceases me, then the bequest to such beneficiary shall lapse and shall become part of my residuary estate, unless otherwise specified herein.

6.2 Residuary Estate Disposition

All the rest, residue, and remainder of my property and estate, whether real, personal, or mixed, of whatever kind and wherever situated, of which I may die seized or possessed, or to which I may be entitled at the time of my death, including any lapsed legacies and devises (hereinafter referred to as my "residuary estate"), I give, devise, and bequeath as follows:

[CHOOSE ONE OF THE FOLLOWING OPTIONS:]

[OPTION 1: I give, devise, and bequeath my entire residuary estate to [BENEFICIARY'S FULL NAME], currently residing at [BENEFICIARY'S ADDRESS], [RELATIONSHIP], if [HE/SHE] survives me.]

[OPTION 2: I give, devise, and bequeath my residuary estate to the following beneficiaries in the proportions specified:

a) [PERCENTAGE]% to [BENEFICIARY'S FULL NAME], currently residing at [BENEFICIARY'S ADDRESS], [RELATIONSHIP];

b) [PERCENTAGE]% to [BENEFICIARY'S FULL NAME], currently residing at [BENEFICIARY'S ADDRESS], [RELATIONSHIP];

c) [PERCENTAGE]% to [BENEFICIARY'S FULL NAME], currently residing at [BENEFICIARY'S ADDRESS], [RELATIONSHIP];

d) [ADDITIONAL BENEFICIARIES AS NEEDED]]

6.3 Contingent Beneficiaries

If any beneficiary named in Section 6.2 predeceases me, then I direct that the share of such deceased beneficiary shall be distributed as follows:

[CHOOSE ONE OF THE FOLLOWING OPTIONS:]

[OPTION 1: The share of any deceased beneficiary shall pass to [HIS/HER] descendants who survive me, per stirpes.]

[OPTION 2: The share of any deceased beneficiary shall be distributed proportionately among the surviving beneficiaries named in Section 6.2.]

[OPTION 3: The share of [SPECIFIC BENEFICIARY] shall pass to [CONTINGENT BENEFICIARY'S FULL NAME], currently residing at [CONTINGENT BENEFICIARY'S ADDRESS], [RELATIONSHIP].]

In the event that all beneficiaries named in Section 6.2 and their designated contingent beneficiaries predecease me, I give, devise, and bequeath my residuary estate to [FINAL CONTINGENT BENEFICIARY'S FULL NAME], currently residing at [FINAL CONTINGENT BENEFICIARY'S ADDRESS], [RELATIONSHIP].

If all of my named beneficiaries and contingent beneficiaries predecease me, I direct that my residuary estate be distributed to [CHARITABLE ORGANIZATION NAME], a nonprofit organization with its principal office located at [ORGANIZATION'S ADDRESS], with tax identification number [TAX ID NUMBER], to be used for its general charitable purposes.

6.4 Disinheritance Provisions

[IF APPLICABLE:]

I have intentionally and with full knowledge omitted to provide for my [RELATIONSHIP: e.g., son/daughter/spouse] [FULL NAME]. This omission is intentional and not occasioned by accident or mistake. The reasons for this disinheritance are as follows: [DETAILED EXPLANATION OF REASONS FOR DISINHERITANCE]. I direct that [HE/SHE] shall take nothing under this Will or any codicil hereto.

6.5 Charitable Bequests

[IF APPLICABLE:]

I give, devise, and bequeath the following to charitable organizations:

  1. To [CHARITABLE ORGANIZATION NAME], a nonprofit organization with its principal office located at [ORGANIZATION'S ADDRESS], with tax identification number [TAX ID NUMBER], I give the sum of [AMOUNT] to be used for its general charitable purposes.

  2. To [CHARITABLE ORGANIZATION NAME], a nonprofit organization with its principal office located at [ORGANIZATION'S ADDRESS], with tax identification number [TAX ID NUMBER], I give [SPECIFIC PROPERTY OR PERCENTAGE OF RESIDUARY ESTATE] to be used for [SPECIFIC PURPOSE IF ANY].

  3. [ADDITIONAL CHARITABLE BEQUESTS AS NEEDED]

ARTICLE VII: TRUST PROVISIONS

7.1 Testamentary Trust Creation

[IF APPLICABLE:]

Upon my death, I direct my Executor to establish a testamentary trust to be known as the "[TESTATOR'S NAME] Family Trust" (hereinafter referred to as "the Trust"). The Trust shall be funded with [SPECIFIC ASSETS OR PORTION OF RESIDUARY ESTATE].

7.2 Trustee Appointment

I hereby appoint [PRIMARY TRUSTEE'S FULL NAME], currently residing at [TRUSTEE'S ADDRESS], with telephone number [TRUSTEE'S PHONE NUMBER] and email address [TRUSTEE'S EMAIL ADDRESS], to serve as the Trustee of the Trust.

In the event that [PRIMARY TRUSTEE'S NAME] is unable or unwilling to serve as Trustee, or having qualified, ceases to serve for any reason, I hereby appoint [SUCCESSOR TRUSTEE'S FULL NAME], currently residing at [SUCCESSOR TRUSTEE'S ADDRESS], with telephone number [SUCCESSOR TRUSTEE'S PHONE NUMBER] and email address [SUCCESSOR TRUSTEE'S EMAIL ADDRESS], to serve as Successor Trustee.

7.3 Trust Distribution Terms

The Trustee shall hold, manage, invest, and reinvest the trust property, and shall collect the income therefrom and shall dispose of the net income and principal as follows:

[CHOOSE APPROPRIATE PROVISIONS BASED ON TRUST PURPOSE:]

a) The Trustee shall distribute to or for the benefit of [BENEFICIARY'S NAME] such amounts of income and principal as the Trustee deems necessary for [BENEFICIARY'S] health, education, maintenance, and support.

b) Upon [TRIGGERING EVENT: e.g., BENEFICIARY reaching a certain age, graduating from college, etc.], the Trustee shall distribute [PERCENTAGE/AMOUNT] of the trust principal to [BENEFICIARY].

c) The Trustee shall have discretion to distribute income and principal among multiple beneficiaries in equal or unequal shares, taking into account each beneficiary's other resources, needs, and best interests.

d) [ADDITIONAL DISTRIBUTION TERMS AS NEEDED]

7.4 Minor's Trust Provisions

[IF APPLICABLE:]

Any property passing under this Will to a beneficiary who has not attained the age of [AGE] years shall be held in trust by my Trustee for the benefit of such beneficiary until [HE/SHE] attains the age of [AGE] years. During the term of this trust, the Trustee shall distribute to or for the benefit of such beneficiary such amounts of income and principal as the Trustee deems necessary for the beneficiary's health, education, maintenance, and support.

When the beneficiary attains the age of [AGE] years, the Trustee shall distribute [PERCENTAGE]% of the then-remaining trust principal to the beneficiary. When the beneficiary attains the age of [AGE] years, the Trustee shall distribute the remainder of the trust principal to the beneficiary.

If the beneficiary dies before receiving the entire trust principal, the remaining trust principal shall be distributed to [CONTINGENT BENEFICIARY OR INSTRUCTION].

7.5 Special Needs Trust Provisions

[IF APPLICABLE:]

If any beneficiary under this Will is a person with a disability who is receiving or may be eligible to receive governmental benefits based on disability, then any share that would otherwise pass to such beneficiary shall instead be held in a separate special needs trust for the benefit of such beneficiary, under the following terms:

a) The Trustee shall pay to or apply for the benefit of the beneficiary, for the beneficiary's lifetime, such amounts from the principal or income, up to the whole thereof, as the Trustee in the Trustee's sole discretion may from time to time deem necessary or advisable for the satisfaction of the beneficiary's special needs.

b) As used in this Will, "special needs" refers to the requisites for maintaining the beneficiary's good health, safety, and welfare when, in the discretion of the Trustee, such requisites are not being provided by any public agency, office, or department of the state, or of the United States.

c) The Trustee shall not make any distributions that would have the effect of replacing, reducing, or diminishing any government benefits for which the beneficiary may be eligible.

d) Upon the death of the beneficiary, any remaining trust assets shall be distributed to [REMAINDER BENEFICIARY].

ARTICLE VIII: TAX PLANNING

8.1 Estate Tax Considerations

I direct my Executor to pay all estate, inheritance, succession, and other death taxes (including any interest and penalties thereon) imposed by any domestic or foreign taxing authority by reason of my death, whether such taxes are imposed on property passing under this Will or property passing outside this Will, out of my residuary estate as an expense of administration, without apportionment or right of reimbursement from any recipient of any such property.

I authorize my Executor to elect any tax treatment or filing status that my Executor deems appropriate, including but not limited to making or revoking any available tax elections, such as the alternate valuation date election under Internal Revenue Code Section 2032, the special use valuation election under Internal Revenue Code Section 2032A, and the qualified family-owned business interest deduction under Internal Revenue Code Section 2057, if applicable.

8.2 Marital Deduction Planning

[IF APPLICABLE:]

If my spouse survives me, I direct my Executor to take all actions necessary to ensure that any property passing to my spouse qualifies for the federal estate tax marital deduction to the extent that my Executor determines such qualification to be in the best interests of my estate. This may include, but is not limited to, making appropriate tax elections, such as the qualified terminable interest property (QTIP) election under Internal Revenue Code Section 2056(b)(7).

8.3 Generation-Skipping Transfer Tax Planning

I authorize my Executor to allocate any portion of my generation-skipping transfer tax exemption under Internal Revenue Code Section 2631 to any property with respect to which I am the transferor, whether such property passes under this Will or outside this Will, in such manner as my Executor determines to be in the best interests of my estate and its beneficiaries, without regard to the relative interests of the beneficiaries in such property.

ARTICLE IX: SPECIAL PROVISIONS

9.1 No-Contest Clause

If any beneficiary under this Will shall, directly or indirectly, contest or dispute the validity of this Will, or any codicil hereto, or any provision thereof, or shall assist others in doing so, or shall in any manner attempt to prevent any provision of this Will from being carried out in accordance with its terms, then I direct that such beneficiary shall forfeit and cease to have any right or interest whatsoever under this Will, and any share or interest in my estate otherwise given to such beneficiary under this Will shall pass as if such beneficiary had predeceased me without descendants.

This provision shall not apply to any beneficiary who contests this Will or any codicil hereto in good faith and with probable cause.

9.2 Simultaneous Death Provision

If any beneficiary under this Will and I shall die under such circumstances that there is not sufficient evidence to determine the order of our deaths, or if any beneficiary under this Will shall die within thirty (30) days after my death, then I hereby declare that I shall be deemed to have survived such beneficiary, and this Will and all its provisions shall be construed on the assumption and basis that such beneficiary predeceased me. Any insurance policy owned by me on the life of any beneficiary under this Will shall be construed as though I had survived such beneficiary regardless of the provisions of this paragraph.

9.3 Funeral and Burial Instructions

I direct that my funeral and burial arrangements be conducted as follows:

[CHOOSE ONE OF THE FOLLOWING OPTIONS:]

[OPTION 1: I wish to be buried at [CEMETERY NAME AND LOCATION], in a [DESCRIPTION OF BURIAL PLOT OR MAUSOLEUM]. I desire that my funeral services be conducted at [LOCATION] in accordance with the rites of [RELIGIOUS DENOMINATION/TRADITION].]

[OPTION 2: I wish to be cremated, and my ashes [SCATTERED AT LOCATION/INTERRED AT LOCATION/GIVEN TO SPECIFIC PERSON].]

[OPTION 3: I wish to donate my body to [MEDICAL INSTITUTION] for medical research and education purposes. If my body is not accepted for donation, I wish to be [BURIED/CREMATED] as described above.]

I request that my funeral services be [ELABORATE/SIMPLE] and include [SPECIFIC REQUESTS: e.g., specific music, readings, speakers, etc.]. I have set aside funds in the amount of [AMOUNT] for these purposes, which can be found [LOCATION OF FUNDS].

9.4 Digital Legacy Instructions

I grant to my Executor full authority to access, control, modify, archive, transfer, or delete any of my digital assets as the Executor deems appropriate. Digital assets include, but are not limited to, my email accounts, social media accounts, blogs, websites, cloud storage accounts, online financial accounts, and digital currencies.

I specifically direct my Executor to handle my digital assets as follows:

  1. Social media accounts: [SPECIFIC INSTRUCTIONS: e.g., memorialize, delete, archive, etc.];

  2. Email accounts: [SPECIFIC INSTRUCTIONS: e.g., review for important information, archive, delete, etc.];

  3. Digital photographs and videos: [SPECIFIC INSTRUCTIONS: e.g., distribute to specific beneficiaries, archive, etc.];

  4. Online financial accounts: [SPECIFIC INSTRUCTIONS];

  5. Digital currencies: [SPECIFIC INSTRUCTIONS];

  6. [ADDITIONAL DIGITAL ASSETS AND INSTRUCTIONS AS NEEDED]

I have stored access information for my digital assets [LOCATION OF ACCESS INFORMATION].

9.5 Organ Donation Wishes

[CHOOSE ONE OF THE FOLLOWING OPTIONS:]

[OPTION 1: I wish to donate any needed organs, tissues, or parts for the purposes of transplantation, therapy, medical research, or education.]

[OPTION 2: I wish to donate only the following organs, tissues, or parts for the purposes of transplantation, therapy, medical research, or education: [SPECIFIC ORGANS/TISSUES/PARTS].]

[OPTION 3: I do not wish to be an organ donor.]

I understand that these wishes may also be expressed in my advance healthcare directive or on my driver's license or donor card, and in the event of any conflict, the most recent expression of my wishes shall control.

9.6 Business Succession Planning

[IF APPLICABLE:]

With respect to any business interests I may own at the time of my death, I direct as follows:

  1. [BUSINESS NAME]: I direct my Executor to [SELL THE BUSINESS/TRANSFER OWNERSHIP TO SPECIFIC BENEFICIARY/CONTINUE OPERATION UNDER SPECIFIC TERMS].

  2. If my business interests are to be sold, I recommend that my Executor consult with [BUSINESS ADVISOR'S NAME] regarding the valuation and sale of such interests.

  3. If my business interests are to be transferred to [BENEFICIARY'S NAME], I direct that such transfer be subject to the following conditions: [SPECIFIC CONDITIONS].

  4. [ADDITIONAL BUSINESS SUCCESSION INSTRUCTIONS AS NEEDED]

9.7 Debt Forgiveness

I hereby forgive any and all debts owed to me at the time of my death by the following individuals:

  1. [DEBTOR'S FULL NAME], currently residing at [DEBTOR'S ADDRESS], [RELATIONSHIP], in the approximate amount of [AMOUNT], evidenced by [DESCRIPTION OF DEBT INSTRUMENT];

  2. [DEBTOR'S FULL NAME], currently residing at [DEBTOR'S ADDRESS], [RELATIONSHIP], in the approximate amount of [AMOUNT], evidenced by [DESCRIPTION OF DEBT INSTRUMENT];

  3. [ADDITIONAL DEBTORS AS NEEDED]

All promissory notes, loan agreements, or other evidences of such indebtedness shall be canceled and returned to the respective debtors.

ARTICLE X: LEGAL REQUIREMENTS

10.1 Testator Declaration

I, [TESTATOR'S FULL NAME], the Testator, sign my name to this instrument this [DAY] day of [MONTH], [YEAR], and being first duly sworn, declare to the undersigned authority that I sign and execute this instrument as my Last Will and Testament and that I sign it willingly, that I execute it as my free and voluntary act for the purposes expressed therein, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.

10.2 Witness Requirements

We, the undersigned witnesses, sign our names to this instrument, being first duly sworn, and declare to the undersigned authority that the Testator signs and executes this instrument as the Testator's Last Will and Testament and that the Testator signs it willingly, and that each of us, in the presence and hearing of the Testator and of each other, hereby signs this Will as witness to the Testator's signing, and that to the best of our knowledge the Testator is eighteen years of age or older, of sound mind, and under no constraint or undue influence.

10.3 Self-Proving Affidavit

STATE OF [STATE NAME] COUNTY OF [COUNTY NAME]

Before me, the undersigned authority, on this day personally appeared [TESTATOR'S FULL NAME], [WITNESS #1 FULL NAME], and [WITNESS #2 FULL NAME], known to me to be the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, and, all of these persons being by me first duly sworn, the Testator declared to me and to the witnesses in my presence that the attached or foregoing instrument is the Testator's Last Will and Testament, and that the Testator had willingly signed and executed it as the free and voluntary act of the Testator for the purposes therein expressed. Each of the witnesses stated that they signed the Will as witness in the presence and at the request of the Testator and in the presence of each other.

10.4 State-Specific Provisions

[THIS SECTION WOULD INCLUDE ANY ADDITIONAL PROVISIONS REQUIRED BY THE SPECIFIC STATE WHERE THE WILL IS BEING EXECUTED]

ARTICLE XI: RELATED DOCUMENTS

11.1 Letter of Instruction

I have prepared a Letter of Instruction, dated [DATE], which provides additional guidance to my Executor regarding the administration of my estate. While this Letter of Instruction is not legally binding, I request that my Executor consider its contents when administering my estate.

11.2 Power of Attorney Coordination

I have executed a Durable Power of Attorney, dated [DATE], appointing [AGENT'S NAME] as my agent. This Power of Attorney shall terminate upon my death, and the provisions of this Will shall govern the disposition of my property thereafter.

11.3 Healthcare Directive Coordination

I have executed an Advance Healthcare Directive, dated [DATE], which expresses my wishes regarding medical treatment and end-of-life care. This document includes my wishes regarding organ donation, which should be coordinated with the provisions in Section 9.5 of this Will.

11.4 Trust Coordination

[IF APPLICABLE:]

I have established a Revocable Living Trust, dated [DATE], known as the [TRUST NAME]. Certain assets have been transferred to this Trust during my lifetime. Upon my death, any assets that remain in my name and not in the name of the Trust shall be disposed of according to the terms of this Will, which may include a "pour-over" provision directing such assets to be added to the Trust.

IN WITNESS WHEREOF, I, [TESTATOR'S FULL NAME], the Testator, have hereunto set my hand and seal this [DAY] day of [MONTH], [YEAR].


[TESTATOR'S FULL NAME], Testator

Signed, sealed, published, and declared by [TESTATOR'S FULL NAME], the Testator, as and for the Testator's Last Will and Testament, in the presence of us, who at the Testator's request and in the Testator's presence, and in the presence of each other, have subscribed our names as witnesses thereto, believing said Testator to be of sound mind and memory.


[WITNESS #1 FULL NAME], Witness Residing at: [WITNESS #1 ADDRESS]


[WITNESS #2 FULL NAME], Witness Residing at: [WITNESS #2 ADDRESS]


[WITNESS #3 FULL NAME], Witness Residing at: [WITNESS #3 ADDRESS]

[NOTARY ACKNOWLEDGMENT AS REQUIRED BY STATE LAW]

Missouri Requirements for Last Will and Testament

Testamentary Capacity (Missouri Revised Statutes § 474.310)

The testator must be of sound mind and at least 18 years of age to create a valid will in Missouri.

Written Document Requirement (Missouri Revised Statutes § 474.320)

A will must be in writing to be valid in Missouri (with limited exceptions for oral wills made by military personnel in active service).

Signature Requirements (Missouri Revised Statutes § 474.320)

The will must be signed by the testator or by someone else in the testator's presence and at their direction.

Witness Requirements (Missouri Revised Statutes § 474.320)

The will must be signed by at least two competent witnesses who witnessed either the signing of the will or the testator's acknowledgment of the signature or of the will.

Self-Proving Affidavit (Missouri Revised Statutes § 474.337)

A will may be made self-proving at the time of execution or at any subsequent date by the acknowledgment of the will by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths.

Holographic Wills (Missouri Revised Statutes § 474.320)

Missouri does not recognize holographic wills (handwritten wills that are not properly witnessed) unless they were executed in a state where such wills are valid.

Revocation of Wills (Missouri Revised Statutes § 474.400)

A will may be revoked by a subsequent will, by a physical act of destruction with the intent to revoke, or by operation of law in certain circumstances such as divorce.

Spousal Rights (Missouri Revised Statutes § 474.160)

A surviving spouse has the right to elect against the will and take a statutory share of the estate, typically one-third to one-half depending on whether there are surviving lineal descendants.

Pretermitted Heir Protection (Missouri Revised Statutes § 474.240)

Children born or adopted after the execution of a will who are not provided for in the will may be entitled to a share of the estate as if the testator had died intestate.

Personal Representative Appointment (Missouri Revised Statutes § 473.110)

The will should name a personal representative (executor) to administer the estate, and may waive the requirement for the personal representative to post a bond.

Guardian Designation for Minor Children (Missouri Revised Statutes § 475.045)

The will may designate a guardian for minor children, although the court makes the final determination based on the best interests of the child.

No-Contest Clause (Missouri Revised Statutes § 474.395)

Missouri recognizes no-contest clauses (in terrorem clauses) that can disinherit beneficiaries who challenge the will, though they are subject to good faith exceptions.

Simultaneous Death Provision (Missouri Uniform Simultaneous Death Act, Missouri Revised Statutes § 471.010)

The will should address the distribution of assets in case the testator and beneficiary die simultaneously or in circumstances where it cannot be determined who died first.

Tax Apportionment (Missouri Revised Statutes § 461.300)

The will should specify how estate taxes, if any, will be apportioned among beneficiaries.

Digital Assets (Missouri Revised Statutes § 472.400-472.490)

Under Missouri's adoption of the Revised Uniform Fiduciary Access to Digital Assets Act, the will may include provisions for the handling of digital assets and electronic communications.

Federal Estate Tax Considerations (Internal Revenue Code § 2001-2210)

The will should consider federal estate tax implications for estates exceeding the federal exemption amount, including potential marital deductions and portability of the deceased spouse's unused exemption amount.

Generation-Skipping Transfer Tax (Internal Revenue Code § 2601-2663)

For wills that include bequests to grandchildren or more remote descendants, consideration must be given to the federal generation-skipping transfer tax.

Special Needs Trust Provisions (42 U.S.C. § 1396p(d)(4)(A))

If beneficiaries receive government benefits, the will may establish a special needs trust to preserve their eligibility while providing supplemental support.

Residuary Clause (Missouri Revised Statutes § 474.430)

The will must include a residuary clause to dispose of any property not specifically bequeathed or devised elsewhere in the will.

Ademption and Abatement (Missouri Revised Statutes § 474.450)

The will should address what happens if specifically bequeathed property is no longer in the estate at death (ademption) and the order in which bequests should be reduced if the estate is insufficient to satisfy all bequests (abatement).

Frequently Asked Questions

A Last Will and Testament is a legal document that communicates your final wishes regarding your assets and dependents. It names an executor (the person who will manage your estate), beneficiaries (who will receive your assets), and guardians for minor children if applicable. Without a Will, state laws (called intestacy laws) determine how your property is distributed, which may not align with your wishes.

For married individuals with children, a Will is crucial for several reasons: 1) It allows you to name guardians for minor children rather than leaving this decision to the courts; 2) It ensures your assets are distributed according to your wishes, which may include specific provisions for your spouse and each child; 3) It can establish trusts to manage assets for children until they reach a certain age; and 4) It can address blended family situations where you may have stepchildren or children from previous relationships.

High net worth individuals should consider: 1) Estate tax planning strategies to minimize tax burdens; 2) More complex asset distribution plans, potentially including trusts; 3) Business succession planning if they own businesses; 4) Charitable giving provisions; 5) Digital asset management for valuable online accounts or cryptocurrencies; and 6) Coordination with other estate planning tools like irrevocable trusts, family limited partnerships, or life insurance policies that may exist outside the Will.

Single individuals without children still need a Will to: 1) Designate who receives their assets instead of having the state decide (typically distant relatives); 2) Name specific friends, partners, or charities as beneficiaries; 3) Appoint an executor they trust to handle their affairs; 4) Make provisions for pets; 5) Outline funeral arrangements; and 6) Donate to causes they care about. Without a Will, their assets may go to family members they aren't close with or even to the state if no legal heirs can be found.

Dying without a Will (called dying 'intestate') means your assets will be distributed according to your state's intestacy laws. Typically, assets go first to a spouse and children, then to parents, siblings, and more distant relatives. If no legal heirs can be found, your assets may go to the state. The court will appoint an administrator to manage your estate and, if you have minor children, will decide who becomes their guardian without any input from you about your preferences.

You should review your Will after any major life event, including: 1) Marriage or divorce; 2) Birth or adoption of children or grandchildren; 3) Death of a beneficiary or executor; 4) Significant changes in financial situation; 5) Moving to a different state; 6) Changes in tax laws that might affect your estate; and 7) At least every 3-5 years even without major changes. Updating can be done through a new Will or, for minor changes, through a codicil (an amendment to your existing Will).

While both are estate planning tools, they function differently: A Will takes effect only after death and goes through probate (court supervision). A Trust takes effect immediately upon creation and can manage assets during incapacity and after death without court involvement. Wills become public record, while Trusts remain private. Many comprehensive estate plans include both—a Will to name guardians and direct assets not in the Trust, and a Trust to provide more control over asset distribution and avoid probate.

While DIY Will kits and online services exist, consulting with an estate planning attorney is highly recommended, especially if you: 1) Have substantial assets; 2) Own a business; 3) Have a blended family; 4) Want to disinherit someone who would normally inherit; 5) Have a dependent with special needs; or 6) Own property in multiple states. An attorney ensures your Will complies with state laws, addresses your specific situation, and minimizes the risk of challenges after your death.