COMPLEX WILL WITH TESTAMENTARY TRUST
(Arizona—Comprehensive Template)
[// GUIDANCE: This template is drafted to satisfy Arizona Probate Code requirements (A.R.S. Title 14) and to incorporate the user-specified metadata. All bracketed items MUST be customized before execution. A licensed Arizona attorney should review all modifications.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Revocation of Prior Wills & Codicils
- Family Information & Identification of Heirs
- Appointment of Fiduciaries
- Payment of Debts, Expenses, and Taxes
- Specific Bequests & Devises
- Residuary Clause and Creation of the Testamentary Trust
- Testamentary Trust Terms
- Fiduciary Powers, Standards, and Indemnification
- No-Contest (In Terrorem) Clause
- Governing Law; Forum Selection; Injunctive Relief
- General Provisions
- Execution Block
- Self-Proving Affidavit (A.R.S. § 14-2504)
1. DOCUMENT HEADER
LAST WILL AND TESTAMENT
AND
TESTAMENTARY TRUST AGREEMENT
OF
[TESTATOR FULL LEGAL NAME], of [County], State of Arizona
Effective Date: [EFFECTIVE DATE]
Recitals
A. Testator is a domiciliary of the State of Arizona and is of legal age and sound mind.
B. Testator desires to dispose of Testator’s estate in accordance with the provisions herein and to establish a testamentary trust for the benefit of designated beneficiaries.
C. This instrument is intended to constitute a “will” under A.R.S. § 14-2101 et seq. and a “trust” under A.R.S. § 14-10101 et seq.
2. DEFINITIONS
For ease of reference, the following terms as used herein shall have the meanings set forth below:
“Accounting” – A written report of trust activities, income, expenses, and distributions covering the period since the last Accounting, prepared in accordance with A.R.S. § 14-10813.
“Children” – The legal, natural, or adopted descendants of Testator in the first generation, excluding stepchildren unless expressly included.
“Disability” – A condition in which an individual is incapable of managing property or financial affairs as determined under A.R.S. § 14-5101.
“HEMS” – Health, Education, Maintenance, and Support, as customarily interpreted under federal transfer-tax regulations.
“Personal Representative” – The individual or corporate fiduciary appointed in Section 5.1.
“Probate Court” – The Superior Court of the State of Arizona, [Designated County] Probate Division.
“Qualified Trustee” – Any person or entity meeting the requirements of A.R.S. § 14-7201 and appointed under Section 5.2.
“Residue” – All property of Testator not otherwise effectively disposed of by specific devise or bequest.
“Testamentary Trust” or “Trust” – The trust created under Section 8 and administered under Section 9.
“Trustee” – The person or entity acting from time to time with the fiduciary powers granted herein.
[// GUIDANCE: Add or delete terms to match the customized drafting.]
3. REVOCATION OF PRIOR WILLS & CODICILS
I, [TESTATOR NAME], hereby revoke all prior wills, codicils, and testamentary dispositions.
4. FAMILY INFORMATION & IDENTIFICATION OF HEIRS
4.1 Spouse. I am married to [SPOUSE NAME] (“Spouse”).
4.2 Children. I have the following living children:
a. [CHILD 1 NAME], born [DOB];
b. [CHILD 2 NAME], born [DOB];
c. [ADDITIONAL CHILDREN].
4.3 Future Children. References to “Children” or “Issue” shall include any children hereafter born to or legally adopted by me.
4.4 Omitted Heirs. No person not named or referred to herein shall take any share of my estate except as mandated by statute.
5. APPOINTMENT OF FIDUCIARIES
5.1 Personal Representative.
a. Primary: I appoint [PRIMARY PR NAME] as Personal Representative.
b. Successor: If the Primary is unable or unwilling to serve, I appoint [SUCCESSOR PR NAME].
c. Bond. No bond shall be required of any Personal Representative.
5.2 Trustee.
a. Primary: I appoint [PRIMARY TRUSTEE NAME] as Trustee of the Testamentary Trust.
b. Successor: If the Primary is unable or unwilling to serve, I appoint [SUCCESSOR TRUSTEE NAME].
c. Corporate Trustee Option: Any corporate fiduciary organized under federal or Arizona law with trust powers may serve.
5.3 Guardian of Minor Children. If at my death any child of mine is a minor, I nominate [PRIMARY GUARDIAN] as Guardian of the person and estate, and [ALTERNATE GUARDIAN] as alternate.
[// GUIDANCE: Verify the nominated fiduciaries’ eligibility and willingness to serve.]
6. PAYMENT OF DEBTS, EXPENSES, AND TAXES
6.1 Debts & Expenses. My Personal Representative shall pay all legally enforceable debts, funeral expenses, and administration costs from my probate estate.
6.2 Death Taxes. All federal and state estate, inheritance, and generation-skipping transfer taxes attributable to property passing under or outside this Will shall be paid from the Residue without apportionment, unless any non-probate instrument expressly provides otherwise.
7. SPECIFIC BEQUESTS & DEVISES
7.1 Tangible Personal Property Memorandum. I direct my Personal Representative to distribute tangible personal property in accordance with any valid written statement I may leave, as permitted by A.R.S. § 14-2513.
7.2 Specific Devises.
a. To [BENEFICIARY NAME], I give [DESCRIPTION OF GIFT] if [he/she/they] survives me by 30 days.
b. [ADDITIONAL SPECIFIC GIFTS].
7.3 Lapse & Anti-Lapse. Unless otherwise provided, any failed specific gift shall become part of the Residue.
8. RESIDUARY CLAUSE AND CREATION OF THE TESTAMENTARY TRUST
I give all of the Residue of my estate to the Trustee, IN TRUST, to be held, managed, and distributed as hereinafter provided (the “Testamentary Trust”).
9. TESTAMENTARY TRUST TERMS
9.1 Name. This trust shall be known as the “[FAMILY] Testamentary Trust.”
9.2 Beneficiaries.
a. Primary Beneficiaries: My Children, in equal shares, per stirpes.
b. Secondary Beneficiaries: If no Child survives me, then to my Issue, per stirpes; if none, then to [CONTINGENT BENEFICIARY].
9.3 Distribution Standards.
a. Discretionary Distributions. During the term of the Trust, the Trustee MAY distribute income or principal to or for a Beneficiary’s HEMS, considering other resources available.
b. Mandatory Termination Ages. Each Beneficiary’s separate share shall terminate and be distributed outright as follows: one-third at age [AGE 1]; one-half of the balance at age [AGE 2]; remainder at age [AGE 3]. The Trustee may accelerate distributions for good cause.
9.4 Spendthrift Provision. All interests of any Beneficiary shall be subject to a spendthrift restriction to the maximum extent allowed under A.R.S. § 14-10502.
9.5 Trustee Discretion for Disability. If a Beneficiary is under Disability, the Trustee may apply distributions for such Beneficiary’s benefit or to a custodial arrangement without court approval.
9.6 Termination. The Trust shall terminate upon the earlier of: (i) final distribution under Section 9.3(b); (ii) total depletion of assets; or (iii) twenty-one (21) years after the death of the last surviving descendant of [REFERENCE LIFE] living at my death, whichever occurs first.
10. FIDUCIARY POWERS, STANDARDS, AND INDEMNIFICATION
10.1 Powers. In addition to statutory powers under A.R.S. § 14-10801 et seq., the Trustee may:
a. Invest and reinvest in any property, real or personal, without regard to diversification;
b. Make distributions in cash or in kind;
c. Allocate receipts and disbursements between principal and income as the Trustee deems advisable;
d. Employ professionals and delegate investment authority under A.R.S. § 14-10807;
e. Merge, divide, or decant the Trust in accordance with A.R.S. § 14-10816.
10.2 Standard of Care. The Trustee shall administer the Trust as a prudent person would, consistent with the Arizona Uniform Prudent Investor Act (A.R.S. § 14-10901 et seq.).
10.3 Accounting & Reports. An annual Accounting shall be provided to the current income Beneficiaries and remainder Beneficiaries entitled to one under A.R.S. § 14-10813.
10.4 Compensation. The Trustee is entitled to reasonable compensation and reimbursement of properly incurred expenses.
10.5 Indemnification & Liability Cap.
a. Indemnity. The Trustee and Personal Representative shall be indemnified, to the extent of the Trust assets, against all claims, liabilities, and expenses, except those arising from the individual’s willful misconduct or bad faith.
b. Liability Cap. No Trustee shall be personally liable for obligations of the Trust; recourse shall be limited to Trust assets.
10.6 Removal & Successor Trustees. A majority of the adult Beneficiaries then eligible to receive distributions may remove the Trustee and appoint a successor by written instrument delivered to the Trustee and filed with the Probate Court.
11. NO-CONTEST (IN TERROREM) CLAUSE
If any person directly or indirectly contests this Will or seeks to impair or invalidate any provision herein, any share or interest given to such person shall be forfeited and shall pass as if such person had predeceased me without issue, unless such contest is brought in good faith and with probable cause as determined by the Probate Court.
12. GOVERNING LAW; FORUM SELECTION; INJUNCTIVE RELIEF
12.1 Governing Law. This Will and the Testamentary Trust shall be governed by and construed in accordance with the laws of the State of Arizona.
12.2 Forum Selection. Exclusive jurisdiction shall lie with the Probate Court.
12.3 Arbitration. No provision of this instrument shall be construed to require arbitration.
12.4 Jury Waiver. Matters relating to probate and trust administration shall be decided by the Probate Court without a jury, as provided by Arizona law.
12.5 Injunctive Relief. Beneficiaries may petition the Probate Court for injunctive relief to enforce fiduciary duties or restrain breaches thereof.
13. GENERAL PROVISIONS
13.1 Simultaneous Death. For purposes of this Will, if any Beneficiary does not survive me by thirty (30) days, that Beneficiary shall be deemed to have predeceased me.
13.2 Survivorship by Trust Beneficiaries. All references to relationship designations (e.g., “child,” “issue,” “descendant”) shall be determined per stirpes.
13.3 Digital Assets. I grant my Personal Representative the authority set forth in the Revised Uniform Fiduciary Access to Digital Assets Act (A.R.S. § 14-13101 et seq.) to access, manage, and transfer my digital assets.
13.4 Captions. Headings are for convenience only and shall not affect interpretation.
13.5 Severability. If any provision is held invalid, the remaining provisions shall remain in full force.
13.6 Integration. This instrument constitutes my entire Will and Trust agreement.
14. EXECUTION BLOCK
IN WITNESS WHEREOF, I, [TESTATOR NAME], have signed this Last Will and Testament and Testamentary Trust on the date written below.
[TESTATOR NAME], Testator
Date: ______
ATTESTATION CLAUSE
We, the undersigned witnesses, declare that on the date written below [TESTATOR NAME], whom we know personally or whose identity has been proven to us, declared this instrument to be Testator’s Last Will and Testament and Testamentary Trust, signed it in our presence, and requested that we witness the same. We affirm that the Testator is of sound mind and under no duress, fraud, or undue influence.
Witness 1: ______
Name: [PRINT]
Address: [ADDRESS]
Date: ______
Witness 2: ______
Name: [PRINT]
Address: [ADDRESS]
Date: ______
15. SELF-PROVING AFFIDAVIT (pursuant to A.R.S. § 14-2504)
State of Arizona
County of ______
We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as the Testator’s Last Will and Testament and that the Testator had signed willingly (or willingly directed another to sign for the Testator), and that the Testator executed it as the Testator’s free and voluntary act for the purposes therein expressed; and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and that to the best of the witnesses’ knowledge the Testator was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.
[TESTATOR NAME], Testator
[WITNESS 1 NAME], Witness
[WITNESS 2 NAME], Witness
Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], the Testator, and subscribed and sworn to before me by [WITNESS 1 NAME] and [WITNESS 2 NAME], this ___ day of ____, 20__.
Notary Public
My commission expires: ______
[// GUIDANCE: For court-ready formatting, remove guidance comments, verify statutory references, and conform signature blocks to local recording standards.]