LAST WILL AND TESTAMENT

AND DECLARATION OF TESTAMENTARY TRUST

OF [TESTATOR FULL LEGAL NAME]

(the “Will” or this “Instrument”)

Effective Date: [DATE]
Domicile: [COUNTY], Colorado
Governing Law: Colorado Uniform Probate Code and Colorado Uniform Trust Code (collectively, the “Colorado Codes”)
Exclusive Forum: The Probate Division of the District Court for [COUNTY], Colorado (the “Probate Court”)

TABLE OF CONTENTS

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

I. DOCUMENT HEADER

A. Identification of Parties
1. Testator: [TESTATOR FULL LEGAL NAME], presently residing at [ADDRESS] (“Testator”).
2. Personal Representative: [PRIMARY PERSONAL REPRESENTATIVE] (“PR”).
3. Alternate Personal Representative: [ALTERNATE PR].
4. Trustee: [PRIMARY TRUSTEE] (“Trustee”).
5. Alternate Trustee(s): [ALTERNATE TRUSTEE 1]; [ALTERNATE TRUSTEE 2].
6. Guardian of Minor Children: [PRIMARY GUARDIAN]; Alternate [ALTERNATE GUARDIAN].

B. Recitals
Testator, being of legal age, of sound mind, and acting freely and voluntarily, hereby publishes this Will, revoking all prior wills and codicils. Testator desires to (i) dispose of Testator’s property, (ii) establish a testamentary trust for the benefit of selected beneficiaries, and (iii) appoint fiduciaries, all in accordance with Colorado law.

II. DEFINITIONS

Unless the context clearly requires otherwise, capitalized terms have the meanings set forth below. Defined terms apply equally to singular and plural forms.

“Adult” – An individual who has attained eighteen (18) years of age.
“Beneficiary” – Each person or entity entitled to receive property under this Will, including through the Trust.
“Children” – Collectively, [NAME(S) OF CHILD(REN)], and any additional children hereafter born to or legally adopted by Testator.
“Estate” – All property, real and personal, tangible and intangible, owned by Testator at death.
“Fiduciary” – The Personal Representative, Trustee, Guardian, and any successor or co-fiduciary appointed under this Instrument.
“Per Stirpes” – Distribution by representation in accordance with the Colorado Codes.
“Trust” – The testamentary trust titled “[TESTATOR NAME] Family Trust” created under Article III.
“Trust Estate” – All assets transferred to, or otherwise held under, the Trust, together with all reinvestments, proceeds, and accretions.

[// GUIDANCE: Add or delete defined terms as needed to match bespoke drafting.]

III. OPERATIVE PROVISIONS

3.1 Appointment of Personal Representative

A. Primary Appointment: Testator appoints [PRIMARY PR] as PR to administer the Estate.
B. Alternate: If the Primary PR is unable or unwilling to serve, [ALTERNATE PR] shall serve.

3.2 Payment of Debts, Expenses, and Taxes

A. The PR shall first pay all legally enforceable debts, funeral expenses, expenses of last illness, and costs of administration.
B. All estate, inheritance, generation-skipping transfer (“GST”), and similar taxes attributable to taxable transfers under this Will or otherwise shall be paid from the residue of the Estate, without apportionment, unless contrary tax elections are, in the PR’s discretion, more advantageous to the Estate or any Beneficiary.

3.3 Specific Bequests (Optional)

[If none, insert “None.”]
A. Tangible Personal Property – [LIST OR REFER TO SEPARATE WRITING].
B. Cash or Other Gifts – [AMOUNT / DESCRIPTION] to [RECIPIENT].

3.4 Residuary Estate and Creation of Testamentary Trust

A. All remaining property of the Estate (the “Residuary Estate”) pours over into the [TESTATOR NAME] Family Trust (the “Trust”) upon Testator’s death.
B. The Trust is hereby created, to be administered exclusively in accordance with Article III and the Colorado Codes.

3.5 Trust Administration

1. Primary Beneficiaries: The Children, per stirpes.
2. Distribution Standards:
   a. Health, Education, Maintenance, and Support (“HEMS”) in Trustee’s discretion.
   b. Reimbursement or direct payment for higher-education expenses, including graduate or professional programs.
   c. Purchase of a primary residence for any Beneficiary, provided adequate security is taken to protect the Trust Estate.
3. Age-Staggered Principal Distributions (mandatory, unless deferred for special-needs planning):
   i. One-third (1/3) at age 25;
   ii. One-half of the then-remaining Trust Estate at age 30;
   iii. Remainder at age 35.
4. Early Termination: The Trustee may terminate and distribute a Beneficiary’s share outright if it falls below [$25,000] and continued administration is uneconomical.
5. Special-Needs Savings Clause: If any Beneficiary is, or becomes, disabled and eligible for public assistance, the Trustee shall administer that Beneficiary’s share as a supplemental-needs trust so as not to disqualify the Beneficiary.

3.6 Guardianship of Minor Children

Testator nominates [PRIMARY GUARDIAN] as Guardian; [ALTERNATE GUARDIAN] as alternate.

IV. DECLARATIONS, REPRESENTATIONS & WARRANTIES

4.1 Capacity & Intention
Testator declares that Testator is of sound mind and under no duress or undue influence.

4.2 Complete Disposition
Testator believes this Instrument disposes of all property to which Testator is presently entitled.

4.3 Disinheritance
Any person not specifically provided for herein is intentionally omitted and shall take nothing from the Estate except as required by law (e.g., omitted spouse or pretermitted child statutes).

[// GUIDANCE: Consider statutory elective-share rights of surviving spouses when relevant.]

V. COVENANTS & RESTRICTIONS

5.1 Spendthrift & Anti-Alienation
No Beneficiary may voluntarily or involuntarily anticipate, assign, encumber, or alienate any interest in the Trust prior to actual receipt.

5.2 No Contest Clause
Any Beneficiary who, without probable cause, directly or indirectly contests the validity of this Will or the Trust shall forfeit that Beneficiary’s entire interest, which shall be disposed of as if the contesting Beneficiary had predeceased Testator without issue.

5.3 Notice & Accounting
A. Annual written accountings shall be provided to each current Beneficiary within ninety (90) days after fiscal year-end.
B. Beneficiaries shall have one (1) year from receipt to object, after which the accounting becomes binding absent fraud.

VI. DEFAULT & REMEDIES

6.1 Events of Default
For purposes of trust administration, the following constitute “Fiduciary Defaults”:
a. Breach of fiduciary duty under the Colorado Codes;
b. Failure to provide required accountings;
c. Misappropriation or self-dealing;
d. Incapacity or persistent failure to administer the Trust effectively.

6.2 Cure Period
A Fiduciary shall have thirty (30) days after written notice from any Qualified Beneficiary to cure a non-egregious Fiduciary Default before removal proceedings commence.

6.3 Removal & Appointment
Upon a material Fiduciary Default, the Probate Court may remove the Fiduciary and appoint the next-in-line or a corporate fiduciary.

6.4 Injunctive Relief
Any Beneficiary may petition the Probate Court for temporary or permanent injunctive relief to enforce the terms of this Will or Trust and to protect Trust assets.

6.5 Attorneys’ Fees & Costs
In any contest or proceeding, the court may award reasonable attorneys’ fees and costs from the Trust Estate in accordance with equitable principles and the Colorado Codes.

VII. RISK ALLOCATION

7.1 Trustee Indemnification
The Trustee (and any successor) shall be indemnified and held harmless from the Trust Estate against any liability, loss, or expense (including reasonable attorneys’ fees) incurred by reason of the Trustee’s good-faith administration, except for acts of willful misconduct or gross negligence.

7.2 Limitation of Liability
No Fiduciary shall be liable for more than the assets of the Trust Estate or Estate under that Fiduciary’s control. Personal liability is expressly disclaimed to the fullest extent permitted by law.

7.3 Insurance
The Fiduciary may procure fiduciary-liability insurance, premiums for which shall be a proper charge against the Estate or Trust Estate.

7.4 Force Majeure
A Fiduciary shall not be liable for failure to act when prevented by events beyond the Fiduciary’s reasonable control, provided the Fiduciary acts prudently upon cessation of the event.

VIII. DISPUTE RESOLUTION

8.1 Governing Law
This Instrument shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict-of-laws principles.

8.2 Exclusive Forum
All matters shall be brought exclusively in the Probate Court.

8.3 Arbitration
Arbitration is not available for probate matters under Colorado law; therefore, all disputes shall be resolved by the Probate Court.

8.4 Jury Waiver
Probate matters in Colorado are heard without a jury unless otherwise ordered. Each interested person knowingly waives any right to jury trial to the maximum extent permissible.

8.5 Injunctive Relief Preservation
Nothing herein limits the Probate Court’s equitable powers to grant injunctive or other provisional relief.

IX. GENERAL PROVISIONS

9.1 Independent Administration
Where authorized, the PR and Trustee shall serve independently, free of ongoing court supervision except as required by the Colorado Codes or as requested by an interested person.

9.2 Amendment & Revocation
This Instrument may be amended or revoked solely by Testator by duly executed codicil or subsequent will.

9.3 Assignment & Delegation
Fiduciary duties are personal and may not be assigned; ministerial functions may be delegated consistent with the Colorado Codes.

9.4 Severability
If any provision is invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9.5 Integration
This Instrument constitutes the entire expression of Testator’s testamentary intent and supersedes all prior wills and codicils.

9.6 Digital Assets
The PR and Trustee shall have the authority to access, manage, and dispose of digital assets and electronic communications pursuant to applicable federal and state law.

9.7 Counterparts & Electronic Signature
This Instrument may be executed in counterparts, including facsimile or PDF, each of which shall be deemed an original. Electronic signatures are permitted where recognized by law.

X. EXECUTION BLOCK & SELF-PROVING AFFIDAVIT

10.1 Signature of Testator

[TESTATOR FULL LEGAL NAME], Testator
Date: _______

10.2 Attestation Clause

We, the undersigned witnesses, hereby certify that on the date written above [TESTATOR NAME], known to us, declared this Instrument to be the Testator’s Will and signed it in our presence. At the Testator’s request and in the Testator’s presence and in the presence of each other, we now sign our names as witnesses.

10.3 Self-Proving Affidavit

State of Colorado )
County of __ ) ss.

Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], and subscribed and sworn to before me by the above-named witnesses, this ___ day of _, 20.

Notary Public
My commission expires: _______

[Seal]

[// GUIDANCE: For remote notarization, ensure compliance with Colorado’s Revised Uniform Law on Notarial Acts and any emergency rules in effect at signing.]

END OF DOCUMENT