COMPLEX WILL WITH TESTAMENTARY TRUST

(Alabama – Court-Ready Template)

[// GUIDANCE: This form is drafted for use exclusively in Alabama. Remove all bracketed instructions and fill every [PLACEHOLDER] before execution. Review Ala. Code Title 43 (Wills & Decedents’ Estates) and Title 19-3B (Alabama Uniform Trust Code) for additional requirements. Attach separate schedules for lengthy asset lists or beneficiary designations.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Revocation of Prior Instruments
4. Appointment of Personal Representative
5. Payment of Debts, Taxes, and Expenses
6. Specific Bequests
7. Residuary Estate and Creation of the “Family Trust”
8. Testamentary Trust Provisions
   8.1 Name and Purpose
   8.2 Funding and Trust Property
   8.3 Beneficiaries and Beneficial Interests
   8.4 Discretionary and Mandatory Distributions
   8.5 Trustee Designations
   8.6 Trustee Powers
   8.7 Fiduciary Standards; Limitation of Liability; Indemnification
   8.8 Spendthrift and Creditor Protection
   8.9 Accounting, Reporting, and Court Supervision
   8.10 Termination of Trust and Final Distribution
9. Guardianship of Minor Children (optional)
10. Fiduciary & Administrative Provisions
11. Governing Law; Forum Selection; Jury Waiver
12. No Bond Requirement
13. Simultaneous Death & Survivorship Period
14. Miscellaneous Clauses
15. Execution & Attestation
16. Self-Proving Affidavit (Ala. Code § 43-8-132)

1. DOCUMENT HEADER

THIS LAST WILL AND TESTAMENT WITH TESTAMENTARY TRUST (the “Will”) is made this ___ day of _, 20 (the “Effective Date”) by [Testator’s Full Legal Name], a resident of [County] County, Alabama (“Testator”).

Recitals
A. Testator is of legal age, of sound mind, and acting voluntarily.
B. Testator desires to provide for the disposition of Testator’s estate at death, including the creation of a testamentary trust for the benefit of Testator’s selected beneficiaries.

2. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below. Terms not defined retain their ordinary legal meaning under Alabama law.

“Accountant” – A certified public accountant engaged by the Trustee.
“Alabama UTC” – Ala. Code §§ 19-3B-101 et seq.
“Child/Children” – The lawful, living descendants in the first degree of Testator, specifically [Names], and any later-born or adopted child of Testator who survives the Survivorship Period.
“Family Trust” – The testamentary trust established under Article 7 of this Will.
“Personal Representative” – The Executor/Executrix appointed in Article 4.
“Qualified Beneficiary” – As that term is defined in Ala. Code § 19-3B-103(13).
“Residuary Estate” – All property not effectively disposed of by the preceding Articles.
“Survivorship Period” – The thirty (30) consecutive days immediately following Testator’s death, unless a longer period is specified herein.
“Trustee” – The fiduciary or fiduciaries serving from time to time under the Family Trust.

[// GUIDANCE: Add or delete defined terms as required. Verify every cross-reference.]

3. REVOCATION OF PRIOR INSTRUMENTS

I hereby revoke all prior wills and codicils made by me at any time heretofore.

4. APPOINTMENT OF PERSONAL REPRESENTATIVE

4.1 Primary Appointment. I nominate [Primary Executor Name] of [City, State] as Personal Representative of my estate.

4.2 Successor Appointment. If the Primary Personal Representative is unable or unwilling to serve, I nominate [Successor Executor Name].

4.3 Powers. My Personal Representative shall have, without court order, all powers granted under Ala. Code § 43-2-843 and any other applicable law, including the power to (i) sell estate assets, (ii) compromise claims, and (iii) make tax elections.

4.4 Compensation & Exoneration. The Personal Representative shall be entitled to reasonable compensation and shall not be required to post bond (see Article 12).

5. PAYMENT OF DEBTS, TAXES, AND EXPENSES

My Personal Representative shall first pay from my estate (a) funeral and burial expenses, (b) all enforceable debts, and (c) expenses of estate administration, including taxes, interest, and penalties lawfully due.

6. SPECIFIC BEQUESTS

I devise and bequeath the following:

1. [Description of Asset] to [Beneficiary Name].
2. [Cash Amount] to [Charity / Individual].

[// GUIDANCE: Use a separate schedule if the list exceeds five (5) items. Lapsed gifts pass to the Residuary Estate unless otherwise stated.]

7. RESIDUARY ESTATE AND CREATION OF THE “FAMILY TRUST”

7.1 I devise, bequeath, and appoint my entire Residuary Estate to the Trustee, IN TRUST, to be held, managed, and distributed according to the provisions of Article 8 (the “Family Trust”).

7.2 The Family Trust is a testamentary trust governed by the Alabama UTC and the provisions herein.

8. TESTAMENTARY TRUST PROVISIONS

8.1 Name and Purpose

The trust shall be known as the [Testator Last Name] Family Trust and is intended to (i) provide long-term financial support to the Beneficiaries, (ii) protect trust assets from unnecessary depletion and creditor claims, and (iii) facilitate prudent, tax-efficient transfers across generations.

8.2 Funding and Trust Property

The Trust shall be funded by:
a. The Residuary Estate under Article 7;
b. Any property passing to the Trust by beneficiary designation or disclaimer; and
c. Additions by inter vivos or testamentary transfer from any person, with the Trustee’s consent.

8.3 Beneficiaries and Beneficial Interests

Primary Beneficiaries: [Names of Children/Other] in equal shares, per stirpes.
Contingent Beneficiaries: [Names].
[// GUIDANCE: Include GST and per capita/per stirpes choices.]

8.4 Discretionary and Mandatory Distributions

8.4.1 Health, Education, Maintenance & Support (HEMS). Until termination, the Trustee may distribute to or for the benefit of any Beneficiary so much of the net income and principal as the Trustee, in its sole and absolute discretion, deems advisable for the Beneficiary’s health, education, maintenance, or support (“HEMS Standard”).

8.4.2 Age-Based Mandatory Distributions. Subject to the Spendthrift Clause, the Trustee shall distribute to each Primary Beneficiary one-third (⅓) of such Beneficiary’s share at age [25], one-half (½) of the remainder at age [30], and the balance at age [35].

8.4.3 Special Circumstances. The Trustee may accelerate or withhold distributions if, in the Trustee’s reasonable judgment, a Beneficiary (a) has a substance-abuse issue, (b) is subject to divorce or creditor action, or (c) is otherwise unable to prudently manage funds.

8.5 Trustee Designations

a. Initial Trustee: [Trustee Name]
b. First Successor Trustee: [Name]
c. Second Successor Trustee: [Name]

Removal. A majority of the Qualified Beneficiaries may remove a Trustee without court approval pursuant to Ala. Code § 19-3B-706.

Vacancy. If no designated Trustee is able to serve, the Probate Court of [County] County shall appoint a corporate fiduciary authorized to exercise trust powers in Alabama.

8.6 Trustee Powers

The Trustee shall, without prior court order, possess all powers allowed under the Alabama UTC, including but not limited to:

1. Invest and reinvest in any kind of property, real or personal;
2. Acquire, dispose of, or encumber trust assets;
3. Employ and compensate professionals;
4. Allocate receipts and expenses between income and principal;
5. Make tax elections, including discretionary sprinkling of DNI;
6. Deal with the Trustee’s own banking or investment affiliates under reasonable, fair-market terms.

8.7 Fiduciary Standards; Limitation of Liability; Indemnification

a. Standard of Care. The Trustee shall administer the Trust in good faith, in accordance with its terms, consistent with the prudent investor rule (Ala. Code § 19-3B-804).

b. Limitation of Liability. The Trustee’s liability is limited to Trust assets, except for losses arising from willful misconduct or gross negligence.

c. Indemnification. To the fullest extent allowed by law, the Trustee shall be indemnified and held harmless from the Trust assets against all claims, liabilities, and expenses (including reasonable attorneys’ fees) incurred by reason of serving as Trustee, except for willful misconduct or gross negligence.

d. Reliance on Advice. The Trustee may act upon the opinion or advice of counsel or other experts and shall incur no liability for such reliance.

8.8 Spendthrift and Creditor Protection

The interests of Beneficiaries are subject to a spendthrift restriction as provided in Ala. Code § 19-3B-502. No Beneficiary may assign, anticipate, or encumber his or her interest, and such interests shall not be subject to the claims of creditors or to legal process.

8.9 Accounting, Reporting, and Court Supervision

a. Annual Statement. The Trustee shall furnish to each Qualified Beneficiary an annual written statement of the Trust’s receipts, disbursements, and principal holdings.

b. Court Accounting. Unless otherwise required by applicable law or ordered by the Probate Court, no periodic court accounting shall be mandatory.

c. Dispute Resolution. Any dispute regarding administration shall be brought exclusively in the Probate Court of [County] County, Alabama, which shall have continuing jurisdiction for injunctive or other equitable relief.

8.10 Termination of Trust and Final Distribution

The Trust shall terminate upon the earlier of:

1. The final mandatory distribution under Section 8.4.2 to the youngest Primary Beneficiary;
2. The death of the last surviving Primary Beneficiary; or
3. Upon the Trustee’s determination that the Trust corpus is insufficient for prudent administration (not less than $[Minimum Corpus] in value), at which time the Trustee shall distribute the remaining assets outright, free of trust, to the then-living Beneficiaries in the same proportions as they held beneficial interests immediately prior to termination.

Upon termination, the Trustee shall make prompt, final settlement and be discharged.

9. GUARDIANSHIP OF MINOR CHILDREN (IF APPLICABLE)

I nominate [Guardian Name] of [City, State] as Guardian of the person and property of any minor child of mine, and [Alternate Guardian] as alternate.

10. FIDUCIARY & ADMINISTRATIVE PROVISIONS

10.1 Survivorship Presumed. Unless contrary evidence is produced, any person not proven to have survived me by the Survivorship Period shall be deemed to have predeceased me.

10.2 No Bond. No Personal Representative, Trustee, or Guardian appointed herein shall be required to furnish any bond or other surety.

10.3 Digital Assets. My Personal Representative and Trustee may access, manage, and dispose of my digital assets and electronic communications pursuant to Ala. Code § 19-1-1 et seq. (Revised Alabama Fiduciary Access to Digital Assets Act).

10.4 Disaster Clause. If all of my descendants and the persons named as Beneficiaries herein fail to survive me, I give the residue of my estate to [Default Charity or Heirs-at-Law].

11. GOVERNING LAW; FORUM SELECTION; JURY WAIVER

This Will and the Family Trust shall be governed by the substantive laws of the State of Alabama, without regard to conflict-of-laws principles. Exclusive jurisdiction for any proceeding shall lie in the Probate Court of [County] County, Alabama.
To the extent a jury trial might otherwise be available in any such proceeding, all parties knowingly and irrevocably waive trial by jury.

12. NO BOND REQUIREMENT

Pursuant to Ala. Code § 43-2-851, I expressly direct that no bond or surety shall be required of any fiduciary appointed herein.

13. SIMULTANEOUS DEATH & SURVIVORSHIP PERIOD

If I and any beneficiary die under circumstances rendering it difficult to determine the order of death, and unless a governing instrument or applicable law directs otherwise, such beneficiary shall be deemed to have predeceased me unless he or she survives me by the Survivorship Period.

14. MISCELLANEOUS CLAUSES

14.1 Headings. Article and section headings are for convenience only and shall not affect interpretation.

14.2 Severability. If any provision is held invalid, the remaining provisions shall remain in full force and effect.

14.3 Integration. This Will constitutes my entire testamentary disposition and supersedes all prior testamentary instruments.

14.4 Gender & Number. Words of any gender include all genders; singular includes plural and vice versa as context requires.

15. EXECUTION & ATTESTATION

IN WITNESS WHEREOF, I, [Testator Name], the Testator, sign my name to this Will on the date first above written, at [City, Alabama], declaring that I understand and sign this instrument voluntarily and that it expresses my testamentary intent.

_________
[TESTATOR NAME], Testator

We, the undersigned witnesses, sign our names hereto at the request and in the presence of the Testator and of each other, affirming that the Testator declared this instrument to be the Testator’s Last Will and Testament and signed it willingly, and that we, in the presence of the Testator and of each other, sign the same as witnesses this ___ day of _, 20.

1. _________
   [Witness #1 Name]
   Address: _________

2. _________
   [Witness #2 Name]
   Address: _________

[// GUIDANCE: Alabama requires two (2) disinterested witnesses. A notary is not required for validity but is strongly recommended for self-proving.]

16. SELF-PROVING AFFIDAVIT

(Ala. Code § 43-8-132)

STATE OF ALABAMA )
COUNTY OF ______ )

Before me, the undersigned authority, on this day personally appeared [Testator Name], [Witness #1 Name], and [Witness #2 Name], known to me to be the Testator and the witnesses, respectively, whose names are signed to the foregoing Will, and, all being duly sworn, Testator declared to me and to the witnesses that the instrument is Testator’s Will and that Testator had willingly signed it (or had directed another to sign on Testator’s behalf), and that each witness, in the presence and hearing of the Testator, signed the Will as witness.
Witnesses affirmed that they are over eighteen (18) years of age, competent, and not named Beneficiaries.

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

_________
[Notary Public]
My commission expires: _______

[// GUIDANCE: After execution, store originals in a secure location and provide copies to fiduciaries. Consider recording a memorandum of trust (Ala. Code § 19-3B-1013) if real property is titled to the Trust.]