LAST WILL AND TESTAMENT

AND TESTAMENTARY TRUST AGREEMENT

OF [TESTATOR FULL LEGAL NAME]

Effective Date: [MONTH] [DAY], [YEAR]
Domicile: [City], [Borough/County], State of Alaska (“AK”)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Will Provisions
IV. Testamentary Trust Provisions
V. Representations & Warranties
VI. Covenants & Restrictions
VII. Default & Remedies
VIII. Risk Allocation
IX. Dispute Resolution
X. General Provisions
XI. Execution Block & Self-Proving Affidavit

[// GUIDANCE: This template is drafted to comply with the Alaska Uniform Probate Code (AK Stat. § 13.06 et seq.) and the Alaska Uniform Trust Code (AK Stat. § 13.36 et seq.). Customize bracketed terms and cross-references before use. Remove guidance comments prior to final execution.]

I. DOCUMENT HEADER

A. Parties Identification
1. Testator: [TESTATOR FULL LEGAL NAME], a natural person of legal age residing at [Residential Address], Alaska (“Testator”).
2. Personal Representative: [PRIMARY PERSONAL REPRESENTATIVE NAME], with successor [SUCCESSOR PERSONAL REPRESENTATIVE NAME] (“Personal Representative”).
3. Trustee: [PRIMARY TRUSTEE NAME], with successor [SUCCESSOR TRUSTEE NAME] (“Trustee”).

B. Recitals
1. Testator desires to make a final disposition of Testator’s estate, provide for the management and distribution of property through a testamentary trust, and revoke all prior wills and codicils.
2. This instrument is intended to be Testator’s Last Will and Testament and to create the [FAMILY NAME] Testamentary Trust (the “Trust”) upon Testator’s death.

C. Governing Law & Jurisdiction
This Will and Trust shall be governed by and construed in accordance with the laws of the State of Alaska pertaining to probate and trusts (“State Probate/Trust Law”). Exclusive venue for all proceedings is the state probate court having jurisdiction over Testator’s domicile at death (“State Probate Court”).

II. DEFINITIONS

For ease of reference, capitalized terms are defined alphabetically.

“Beneficiary” – Any person or entity entitled to receive a distribution under this Will or the Trust.
“Child(ren)” – Those individuals listed in Section III.B.
“Code” – The Internal Revenue Code of 1986, as amended.
“Disability” – A physical or mental condition rendering an individual unable to manage property or financial affairs, as certified by two licensed physicians.
“Fiduciary” – The Personal Representative, Trustee, or any successor in either role.
“Personal Property Memorandum” – A separate written statement disposing of tangible personal property pursuant to AK Stat. § 13.12.513.
“QTIP Trust” – A qualified terminable interest property trust described in Code § 2056(b)(7).
“Residuary Estate” – All property not otherwise effectively disposed of under this Will.
“Spouse” – [SPOUSE NAME], if living, or the person legally married to Testator at death.
“Trust Estate” – All property transferred to the Trust pursuant to Section IV.

III. OPERATIVE WILL PROVISIONS

A. Revocation
I hereby revoke all prior wills and codicils.

B. Family Information
I am married to [Spouse]. My child(ren) are:
1. [Child 1 full name, DOB]
2. [Child 2 full name, DOB]
(Collectively, the “Children”)

C. Appointment of Personal Representative
1. I nominate [PRIMARY PERSONAL REPRESENTATIVE NAME] as Personal Representative.
2. If the primary is unwilling or unable, [SUCCESSOR PERSONAL REPRESENTATIVE NAME] shall serve.
3. Bond is waived unless required by the State Probate Court.

D. Payment of Debts, Expenses, and Taxes
My Personal Representative shall first pay:
1. Funeral and last illness expenses;
2. Valid debts;
3. Estate administration expenses; and
4. All estate and inheritance taxes (without apportionment) from the Residuary Estate.

E. Specific Bequests
I make the following gifts, free of trust and net of encumbrances:
1. Tangible Personal Property – To be distributed in accordance with any duly-executed Personal Property Memorandum.
2. Cash Bequest – $[AMOUNT] to [NAME & relationship].
3. Charitable Bequest – [Describe gift] to [CHARITY], a [state] nonprofit.

F. Residuary Clause
All remaining property, real or personal, wherever situated, including lapsed or failed gifts (“Residuary Estate”), shall pour over into the Testamentary Trust pursuant to Section IV for administration and distribution as provided therein.

IV. TESTAMENTARY TRUST PROVISIONS

A. Trust Creation & Name
Upon Testator’s death, the Trust is hereby created and shall be known as the [FAMILY NAME] Testamentary Trust (“Trust”).

B. Funding
The Trust Estate shall consist of:
1. The Residuary Estate;
2. Property payable or transferred to the Trust by beneficiary designation;
3. All income and accretions thereon.

C. Purpose
To hold, invest, and distribute assets for the health, education, support, and maintenance (“HESM”) of the Beneficiaries, and to preserve assets for future generations, in accordance with fiduciary standards under AK Stat. § 13.36.230 et seq.

D. Beneficiaries & Distributions
1. Primary Beneficiaries: The Children in equal shares.
2. Contingent Beneficiaries: The issue of any deceased Child, per stirpes.
3. Mandatory Termination: The Trust shall terminate on the earlier of (i) the youngest Child attaining age [35], or (ii) 21 years after the death of the last surviving descendant of any grandparent of Testator (“Rule Against Perpetuities” savings clause).
4. Distribution Schedule:
a. One-third of the respective share at age [25];
b. One-half of the balance at age [30];
c. Remainder upon termination.
d. The Trustee may accelerate distributions for HESM needs in Trustee’s discretion.

E. Spendthrift Protection
No Beneficiary may voluntarily or involuntarily alienate, assign, or encumber any interest in the Trust before actual receipt.

F. Trustee Powers
The Trustee shall have all powers granted under AK Stat. § 13.36.300–.390, including but not limited to:
1. Invest and reinvest in any kind of property;
2. Retain original assets;
3. Make distributions in cash or in-kind;
4. Deal with itself or entities in which it has an interest, subject to fiduciary duties;
5. Employ professionals and delegate investment functions as permitted by law.

G. Accounting & Reports
The Trustee shall provide annual written reports to the adult Beneficiaries and, upon reasonable request, to minor Beneficiaries’ guardians.

H. Trustee Succession & Removal
1. Resignation requires 30 days’ written notice to adult Beneficiaries.
2. A majority of adult Beneficiaries may remove a Trustee for cause (e.g., breach of fiduciary duty) and appoint a successor.
3. If no successor is designated or accepts, the State Probate Court shall appoint one.

V. REPRESENTATIONS & WARRANTIES

A. Testator represents:
1. Testator is of sound mind, under no duress or undue influence, and fully understands this instrument.
2. All factual statements herein are true and complete.

B. Trustee represents (upon acceptance):
1. Trustee is qualified and not disqualified under AK law.
2. Trustee accepts the office and agrees to faithfully discharge all fiduciary duties.

VI. COVENANTS & RESTRICTIONS

A. No-Contest Clause
Any interested person who, directly or indirectly, contests this Will or Trust shall forfeit all benefits herein, and such forfeited interest shall pass as if the contestant predeceased Testator without descendants.

B. Guardianship of Minor Children
If Testator dies leaving any minor child, I nominate [GUARDIAN NAME] as guardian of the person and estate, with [ALTERNATE GUARDIAN] as alternate.

C. Insurance & Record-Keeping
The Trustee shall maintain adequate insurance on Trust assets and keep complete, accurate records.

D. Compliance Covenant
All Fiduciaries shall comply with Alaska fiduciary standards, including the prudent investor rule and the duty to diversify.

VII. DEFAULT & REMEDIES

A. Events of Default by Trustee
1. Breach of fiduciary duty;
2. Failure to provide required reports;
3. Misappropriation or self-dealing.

B. Notice & Cure
Any adult Beneficiary may issue written notice specifying the default. The Trustee has 30 days to cure unless the default is incapable of cure.

C. Remedies
1. Removal and replacement of Trustee;
2. Surcharge against the Trustee’s interest in the Trust, if any;
3. Equitable relief, including injunctions or specific performance, as necessary to protect the Trust.

D. Attorneys’ Fees
In any proceeding concerning the administration of the Trust, the court may award reasonable attorneys’ fees and costs to be paid from the Trust Estate or personally by a breaching Fiduciary, in the court’s discretion.

VIII. RISK ALLOCATION

A. Trustee Indemnification
The Trustee is indemnified and held harmless, to the fullest extent permitted by AK Stat. § 13.36.330, out of the Trust Estate against any liability, cost, or expense incurred by reason of lawful acts or omissions, except for acts involving bad faith, willful misconduct, or gross negligence.

B. Limitation of Liability
Liability of the Trustee and Personal Representative is limited to the value of the assets under their control, and no personal assets shall be subject to claims arising from fiduciary activities, except as provided by law.

C. Force Majeure
No Fiduciary shall be liable for losses caused directly or indirectly by events beyond reasonable control, including but not limited to natural disasters, war, or market disruptions.

IX. DISPUTE RESOLUTION

A. Governing Law
All questions concerning validity, interpretation, and administration shall be determined under the laws of the State of Alaska, without regard to conflict-of-law provisions.

B. Forum Selection
Exclusive jurisdiction and venue lie with the State Probate Court for [Borough/County] at the time of filing.

C. Arbitration
Arbitration is expressly NOT available for matters arising under this Will or Trust.

D. Jury Waiver
To the extent jury trials are unavailable in probate proceedings, this clause shall be construed to preserve the court’s equitable jurisdiction.

E. Injunctive Relief
The court shall retain power to grant temporary, preliminary, and permanent injunctive relief to enforce Trust provisions.

X. GENERAL PROVISIONS

A. Amendment & Revocation
This Will can be amended or revoked only by a subsequent will or codicil executed with the formalities required by Alaska law.

B. Assignment
Interests under this instrument are not assignable except as expressly provided herein or by law.

C. Severability
If any provision is determined invalid, the remaining provisions shall remain in full force consistent with Testator’s intent.

D. Integration
This instrument constitutes the entire expression of Testator’s testamentary intent. All prior statements are merged herein.

E. Counterparts & Electronic Signatures
This Will may be executed in counterparts, each of which is deemed an original. Photographic or electronic copies shall be admissible to the same extent as originals.

XI. EXECUTION BLOCK & SELF-PROVING AFFIDAVIT

[// GUIDANCE: Alaska requires TWO witnesses who are competent and disinterested. Including the self-proving affidavit avoids the need to call witnesses in probate. Do not remove statutory language.]

Signature of Testator

I, [TESTATOR FULL LEGAL NAME], sign my name to this instrument on the date first written above and declare that I sign and execute this instrument as my Last Will and Testament, that I sign willingly, and that I execute it as my free and voluntary act for the purposes expressed herein.

[TESTATOR NAME], Testator

Attestation of Witnesses

We, the undersigned, hereby declare under penalty of perjury that on the date indicated below, [TESTATOR NAME], known to us or satisfactorily proven, declared to us that the foregoing instrument is Testator’s Last Will and Testament, signed it in our presence, and requested us to sign as witnesses. We affirm that Testator appeared to be of sound mind and under no undue influence.

1. ____ Date: ___
   [WITNESS #1 NAME]
   Address: _____

2. ____ Date: ___
   [WITNESS #2 NAME]
   Address: _____

Self-Proving Affidavit

State of Alaska )
: ss.
[Borough/County] )

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], all being first duly sworn, and each deposes and says that the foregoing instrument is the Testator’s Last Will and Testament and was signed and executed as such; that the Testator had attained the age of eighteen (18) years and was of sound mind; that each witness was at least eighteen (18) years of age and signed willingly in the presence of the Testator and each other.

Subscribed, sworn, and acknowledged before me on this _ day of ___, 20___.

Notary Public for the State of Alaska
My commission expires: ______

[// GUIDANCE: Review all placeholders, confirm consistency of defined terms, and ensure compliance with any client-specific estate planning objectives before finalization.]