LAST WILL AND TESTAMENT

and

TESTAMENTARY TRUST

of [TESTATOR FULL LEGAL NAME]

Effective as of [EFFECTIVE DATE]
Domiciled in the State of Connecticut

[// GUIDANCE: This template is designed for Connecticut-domiciled individuals creating a will that pours major assets into a testamentary trust. Connecticut probate and trust law is applied throughout. All bracketed terms must be customized.]

TABLE OF CONTENTS

1. I. Document Header
2. II. Definitions
3. III. Operative Provisions
   3.1 Revocation of Prior Instruments
   3.2 Family Information & Identification of Heirs
   3.3 Specific Devises & Bequests
   3.4 Residuary Estate & Testamentary Trust Creation
   3.5 Appointment of Fiduciaries
   3.6 Guardianship of Minor Children
4. IV. Representations & Warranties
5. V. Covenants & Restrictions
6. VI. Default & Remedies
7. VII. Risk Allocation
8. VIII. Dispute Resolution
9. IX. General Provisions
10. X. Execution Block & Self-Proving Affidavit

I. DOCUMENT HEADER

1. Parties
   a. Testator: [TESTATOR FULL LEGAL NAME], residing at [ADDRESS].
   b. Executor/Executrix: [EXECUTOR NAME].
   c. Trustee: [TRUSTEE NAME].
   d. Beneficiaries: As identified herein.

2. Recitals
   a. Testator is of sound mind and disposing memory.
   b. Testator intends this instrument (“Will”) to dispose of all probate property and to establish the [TESTAMENTARY TRUST NAME] (“Trust”).
   c. Testator revokes all prior wills and codicils.

3. Effective Date & Governing Law
   This Will is effective upon Testator’s death and shall be governed by Connecticut law, with exclusive jurisdiction in the Connecticut probate courts.

II. DEFINITIONS

Unless the context clearly requires otherwise, capitalized terms have the meanings below:

“Accountings” – Periodic written reports of Trust receipts, disbursements, and holdings prepared in accordance with Connecticut fiduciary standards.

“Applicable Law” – All Connecticut statutes, regulations, and common law governing wills, probate, and trusts, including fiduciary investment standards.

“Beneficiary” – Each person or entity entitled to receive property or benefits under this Will or the Trust.

“HEMS” – Health, Education, Maintenance, and Support.

“Personal Representative” – The duly appointed Executor or Administrator of Testator’s estate.

“Trust Assets” – All property transferred to or held by the Trustee under this instrument, together with all income and substitutions.

[// GUIDANCE: Add or remove defined terms as needed; keep definitions alphabetized.]

III. OPERATIVE PROVISIONS

3.1 Revocation of Prior Instruments

I hereby revoke all prior wills and codicils.

3.2 Family Information & Identification of Heirs

a. Spouse: [SPOUSE NAME]
b. Children: [CHILD 1 NAME], [CHILD 2 NAME], etc.
c. Absence of Additional Issue: If none now living, references to “children” include after-born or adopted children.

3.3 Specific Devises & Bequests

1. Tangible Personal Property: I devise all household goods, jewelry, and personal effects to [PRIMARY BENEFICIARY] per stirpes, subject to any memorandum I may leave.
2. Charitable Gifts: I give $[AMOUNT] to [CHARITY], provided it qualifies as a §501(c)(3) organization at my death.
3. Contingent Legacy: If [BENEFICIARY] predeceases me, the gift lapses into the Residuary Estate.

3.4 Residuary Estate & Testamentary Trust Creation

1. I pour over my entire Residuary Estate to the [TESTAMENTARY TRUST NAME] established below.
2. Trust Purposes: To provide for my spouse and issue, preserve principal, and enable prudent tax and asset-protection planning.
3. Funding: The Personal Representative shall transfer Residuary Estate assets to the Trustee as soon as administratively feasible.

3.4.1 Trust Terms

a. Duration: Until the earlier of (i) twenty-one (21) years after the death of the last surviving descendant of my grandparents living at my death or (ii) complete distribution.
b. Beneficiaries & Distributions:
i. Primary Beneficiary – My spouse, [SPOUSE NAME], shall receive net income at least quarterly and principal for HEMS in Trustee’s discretion.
ii. Secondary Beneficiaries – Upon spouse’s death, the Trust divides into equal shares for my then-living children, to be held and distributed as follows:
• Mandatory income distributions annually; and
• Principal discretionary distributions for HEMS until each child attains age [AGE, e.g., 30], at which time his or her share terminates and distributes outright.
iii. Tertiary Beneficiaries – If no child survives, Trust assets pass to [CHARITY/ALTERNATE BENEFICIARY].

c. Spendthrift Provision: No Beneficiary may voluntarily or involuntarily alienate any interest before actual receipt.
d. Trustee Powers: The Trustee may exercise all powers permitted under Applicable Law, including but not limited to investment, retention, sale, leasing, borrowing, delegation to professionals, and consolidation or division of trusts.
e. Accounting & Reporting: Annual Accountings shall be provided to adult Beneficiaries and filed with the probate court as required.
f. Termination: Upon final distribution, the Trustee shall execute a final accounting and obtain court approval releasing the Trustee.

3.5 Appointment of Fiduciaries

1. Executor/Executrix: I nominate [EXECUTOR NAME] as primary, with [ALTERNATE EXECUTOR] as successor.
2. Trustee: I nominate [TRUSTEE NAME] as Trustee, with [SUCCESSOR TRUSTEE] as successor.
3. Bond: No fiduciary shall be required to post bond unless ordered by the court.

3.6 Guardianship of Minor Children

If my spouse does not survive me or is unable to serve, I nominate [GUARDIAN NAME] as guardian of the person and estate of any minor child.

IV. REPRESENTATIONS & WARRANTIES

1. Testamentary Capacity: I am at least eighteen (18) years of age, of sound mind, and under no undue influence.
2. Domicile: I am domiciled in Connecticut and intend Connecticut probate administration.
3. Entire Estate: To the best of my knowledge, this instrument disposes of all my probate assets.

[// GUIDANCE: Though “representations” are unusual in wills, including them supports defensive drafting against capacity challenges.]

V. COVENANTS & RESTRICTIONS

1. Trustee Standard of Care: The Trustee shall administer the Trust as a prudent person would, consistent with Connecticut’s prudent investor standards.
2. Compliance Covenant: Each fiduciary shall comply with all court orders and filing deadlines.
3. Non-Contest Clause: Any Beneficiary who contests this Will or Trust forfeits his or her interest, except for good-faith challenges alleging forgery or subsequent revocation.
4. Notice Obligations: The Trustee shall give written notice of major actions (e.g., sale of real property) to current income Beneficiaries 30 days in advance.

VI. DEFAULT & REMEDIES

1. Events of Default
   a. Breach of Fiduciary Duty (e.g., self-dealing, willful misconduct).
   b. Non-performance (e.g., failure to furnish required Accountings).
2. Cure Periods: The defaulting fiduciary shall have 30 days after written notice to cure non-performance.
3. Remedies
   a. Removal and replacement of the fiduciary by majority action of adult Beneficiaries or the probate court.
   b. Surcharge for losses caused.
   c. Injunctive relief to prevent dissipation of Trust Assets.
4. Attorneys’ Fees: A prevailing party in any enforcement action may recover reasonable attorneys’ fees from the Trust Assets or the defaulting fiduciary personally, as the court determines.

VII. RISK ALLOCATION

1. Indemnification: To the fullest extent permitted by law, the Trustee and Personal Representative (“Fiduciaries”) shall be indemnified out of the Trust Assets and Estate against any claim, except claims arising from the Fiduciary’s willful misconduct or gross negligence.
2. Limitation of Liability: Fiduciaries shall not be liable for any loss to the Estate or Trust except to the extent of Trust Assets attributable to such misconduct or gross negligence.
3. Insurance: The Fiduciaries may purchase and pay premiums for liability insurance from the Estate or Trust.
4. Force Majeure: Fiduciaries are excused for delays or failure to act caused by events beyond their control, including natural disasters or changes in Applicable Law that impede performance.

VIII. DISPUTE RESOLUTION

1. Governing Law: This Will and Trust shall be construed under the laws of the State of Connecticut.
2. Exclusive Forum: All disputes shall be heard exclusively in the Connecticut probate court having jurisdiction over the Estate or Trust.
3. Arbitration: Arbitration is expressly disallowed.
4. Jury Waiver: Matters within probate jurisdiction shall proceed without jury trial as provided by Connecticut law.
5. Injunctive Relief: Courts of competent jurisdiction may grant injunctive or equitable relief to enforce Trust provisions.

IX. GENERAL PROVISIONS

1. Amendment & Revocation: I retain the right to amend or revoke this Will during my lifetime in the manner prescribed by Connecticut law.
2. Assignment: Beneficiaries may not assign or encumber expectancies.
3. Successors & Assigns: References to Fiduciaries include duly appointed successors.
4. Severability: If any provision is invalid under Applicable Law, it shall be reformed to achieve its intent while the remainder continues in effect.
5. Integration: This instrument constitutes my entire Will and related Trust agreement.
6. Electronic Signatures: Facsimile, electronic, or counterpart signatures shall be effective, subject to Connecticut statutory requirements.

X. EXECUTION BLOCK & SELF-PROVING AFFIDAVIT

I, [TESTATOR FULL LEGAL NAME], sign my name to this Will on the date below, declaring it to be my Last Will and Testament, in the presence of the undersigned witnesses, who attest at my request and in my presence.

|____|
| [TESTATOR FULL LEGAL NAME] |
| Date: ___ |

Witness Attestation

1. ---

   Print Name: ____
   Address: ___

2. ---

   Print Name: ____
   Address: ___

[// GUIDANCE: Connecticut requires two witnesses who sign in the Testator’s presence. For “self-proving” status, complete the notary affidavit below or attach a statutory self-proving form.]

Self-Proving Affidavit (Optional)

State of Connecticut
County of ____

Subscribed, sworn to, and acknowledged before me by [TESTATOR], the Testator, and subscribed and sworn to before me by the above witnesses, this _ day of _, 20__.

Notary Public
My Commission Expires: ______

[// GUIDANCE: Save the executed original in a secure location and deliver copies to named Fiduciaries. Consider filing a copy with the appropriate Connecticut probate court for safekeeping.]