LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

and

CREATION OF THE [TRUST NAME] TESTAMENTARY TRUST

(District of Columbia)

[// GUIDANCE: This template is court-ready but MUST be customized for each client. Carefully review all bracketed items, optional provisions, and fiduciary appointments before execution.]

RECITALS

1. I, [TESTATOR FULL LEGAL NAME], a domiciliary of the District of Columbia, being of legal age and of sound mind and memory, do hereby make, publish, and declare this to be my Last Will and Testament (the “Will”), and simultaneously create the [TRUST NAME] Testamentary Trust (the “Trust”).
2. I revoke all prior wills and codicils.
3. This Will is executed on [DATE] and shall be construed, regulated, and governed in accordance with the probate and trust laws of the District of Columbia.

TABLE OF CONTENTS

1. Article I Definitions
2. Article II Payment of Debts, Expenses, and Taxes
3. Article III Disposition of Tangible Personal Property
4. Article IV Specific Bequests
5. Article V Residuary Estate & Creation of Testamentary Trust
6. Article VI Appointment and Powers of Fiduciaries
7. Article VII Trust Administration & Fiduciary Standards
8. Article VIII Risk Allocation; Indemnification; Liability Caps
9. Article IX Miscellaneous & Dispute Resolution
10. Article X Execution, Attestation & Self-Proving Affidavit

(Page numbers to be added upon final formatting.)

ARTICLE I

DEFINITIONS

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

“Accounting” – A written report of Trust receipts, disbursements, and distributions prepared in compliance with D.C. Code Title 19, Chapter 13.

“Child” or “Children” – All biological or legally adopted descendants of mine, excluding stepchildren unless specifically named.

“Court” – The Probate Division of the Superior Court of the District of Columbia or any successor tribunal having jurisdiction.

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

“Issue” – All lawful lineal descendants of an individual, per stirpes.

“Personal Representative” – The individual or institution appointed in Article VI to administer my probate estate (synonymous with “Executor” under D.C. Code).

“Qualified Trustee” – A trustee who is not a beneficiary of discretionary distributions then under consideration.

“Spouse” – [SPOUSE NAME], if living; otherwise any person to whom I am legally married at the time of my death.

“Trustee” – The trustee(s) appointed under Article VI, together with any duly-qualified successor or co-trustee.

[// GUIDANCE: Add or delete defined terms to reflect client circumstances.]

ARTICLE II

PAYMENT OF DEBTS, EXPENSES, AND TAXES

2.1 My Personal Representative shall pay from my residuary estate, without apportionment, all enforceable debts, expenses of last illness, funeral and memorial expenses (subject to Article IX), estate administration expenses, and all estate and inheritance taxes legally attributable to my probate and non-probate assets, unless expressly provided otherwise herein.

2.2 The Personal Representative may defer, contest, or settle any claim, or pay it without formal audit, in accordance with D.C. Code Title 20.

ARTICLE III

DISPOSITION OF TANGIBLE PERSONAL PROPERTY

3.1 Memorandum. I may leave a separate, signed writing disposing of tangible personal property pursuant to D.C. Code § 18-107. The Personal Representative shall distribute such items accordingly.

3.2 Default Distribution. All tangible personal property not effectively disposed of by such memorandum shall pass to [PRIMARY BENEFICIARY], if living, otherwise to my Issue, per stirpes.

3.3 Gift-Over. If any beneficiary disclaims or predeceases me, his or her share shall augment the Residuary Estate.

ARTICLE IV

SPECIFIC BEQUESTS

4.1 Cash Gifts.
a. [BENEFICIARY NAME] – $[AMOUNT]
b. [BENEFICIARY NAME] – $[AMOUNT]

4.2 Charitable Gifts. I give [DESCRIPTION OF ASSET OR AMOUNT] to [CHARITY LEGAL NAME], a [state] nonprofit corporation, for its general charitable purposes.

4.3 Lapse. Any specific bequest that fails shall pass to the Residuary Estate unless otherwise expressly provided.

[// GUIDANCE: Insert additional specific or conditional gifts as required.]

ARTICLE V

RESIDUARY ESTATE & CREATION OF THE [TRUST NAME] TESTAMENTARY TRUST

5.1 Gift of Residuary Estate. I devise and bequeath my Residuary Estate to the Trustee, IN TRUST, to be administered according to this Article and Article VII.

5.2 Trust Name & Funding. The trust shall be known as the [TRUST NAME] Testamentary Trust and shall be funded with:
a. The residue of my probate estate;
b. All assets payable or transferable to the Trust by beneficiary designation or otherwise; and
c. Accretions and substitutions thereto.

5.3 Primary Beneficiary. During the lifetime of [PRIMARY BENEFICIARY], the Trustee shall distribute as much of the net income and principal as the Trustee, in the Trustee’s sole and absolute discretion, determines to be necessary or advisable for the Beneficiary’s HEMS, considering the Beneficiary’s other resources.

5.4 Distributions Upon Death of Primary Beneficiary. Upon the death of [PRIMARY BENEFICIARY], the remaining Trust assets shall be held or distributed as follows:
a. [PERCENTAGE]% to my Issue, per stirpes, subject to Sub-Trust provisions in § 5.5;
b. [PERCENTAGE]% to [CONTINGENT BENEFICIARY];
c. Any remainder to such of my heirs at law as would inherit under D.C. intestacy statutes then in effect.

5.5 Minor or Incapacitated Beneficiaries. Shares distributable to a beneficiary who has not attained [AGE, e.g., 30] years shall be retained in a separate sub-trust until that age, with HEMS distributions in the Trustee’s discretion and mandatory principal distributions of [FRACTION]% at ages [AGE 1], [AGE 2], and the balance at [AGE 3].

5.6 Spendthrift Protection. All Trust interests shall be held subject to a spendthrift clause to the maximum extent permitted under D.C. Code § 19-1305.05.

5.7 Termination. The Trust shall terminate upon the final distribution of all Trust assets as provided above. The Trustee may make in-kind distributions and may allocate specific assets at fair market value.

ARTICLE VI

APPOINTMENT AND POWERS OF FIDUCIARIES

6.1 Personal Representative. I nominate [PR NAME & ADDRESS] as Personal Representative. If he or she fails to qualify or ceases to serve, I nominate [SUCCESSOR PR].

6.2 Trustee. I nominate [TRUSTEE NAME & ADDRESS] as initial Trustee. [SUCCESSOR TRUSTEE] shall serve if the initial Trustee fails to qualify or ceases to serve.

6.3 Guardian of the Person/Property of Minor Children. I nominate [GUARDIAN NAME]. Alternate: [ALTERNATE GUARDIAN].

6.4 Bond Waiver. No fiduciary appointed herein shall be required to post bond or other security, unless the Court orders otherwise for good cause.

6.5 Compensation. Fiduciaries are entitled to reasonable compensation in accordance with D.C. Code § 20-751 et seq., or such other schedule as they may agree with the interested parties.

6.6 Ancillary Powers. Fiduciaries shall have all powers granted under D.C. Code Title 19, Chapter 13, and those customarily afforded a prudent fiduciary, including powers enumerated in Article VII.

ARTICLE VII

TRUST ADMINISTRATION & FIDUCIARY STANDARDS

7.1 Standard of Care. The Trustee shall administer the Trust in good faith and in accordance with the prudent investor rule set forth in D.C. Code § 19-1309.02, except as modified herein.

7.2 Investment Powers. Subject to § 7.1, the Trustee may:
a. Retain, sell, or exchange any asset;
b. Allocate receipts between income and principal under D.C. Code § 19-1304.01 et seq.;
c. Employ professionals and delegate investment functions per D.C. Code § 19-1310.01.

7.3 Accounting & Information. The Trustee shall provide annual written Accountings to the current income beneficiaries and, upon request, to qualified remainder beneficiaries. The Trustee may elect non-judicial settlement agreements pursuant to D.C. Code § 19-1301.01 et seq.

7.4 Resignation & Removal. The Trustee may resign on 30 days’ written notice to the current beneficiaries and the Court. A majority of the adult beneficiaries (or the Court) may remove a Trustee for cause and appoint a successor.

7.5 Successor Trustees. Each successor Trustee shall have all title, powers, and discretions of the original Trustee without further conveyance.

ARTICLE VIII

RISK ALLOCATION; INDEMNIFICATION; LIABILITY CAPS

8.1 Trustee Indemnity. To the fullest extent permitted by law, the Trustee shall be indemnified out of the Trust assets against any expense, claim, or liability (including reasonable attorney fees) incurred by reason of any act or omission within the scope of fiduciary authority, except for losses arising from the Trustee’s willful misconduct or bad faith.

8.2 Liability Cap. The Trustee’s personal liability shall be limited to the value of the Trust assets under administration at the time the liability arises.

8.3 Protections for Third Parties. No third party dealing with the Trustee shall be required to inquire into the validity or propriety of any transaction or to see to the application of Trust property.

8.4 Force Majeure. The Trustee shall not be liable for failure to act when prevented by circumstances beyond reasonable control, including but not limited to acts of God, governmental restrictions, market closures, or cybersecurity events.

ARTICLE IX

MISCELLANEOUS & DISPUTE RESOLUTION

9.1 Governing Law. All questions concerning the validity, construction, and administration of this Will and Trust shall be determined in accordance with the laws of the District of Columbia.

9.2 Exclusive Forum. The Probate Division of the Superior Court of the District of Columbia shall have exclusive jurisdiction over all matters arising hereunder.

9.3 Arbitration. Arbitration is expressly not required or permitted for disputes concerning this Will or Trust.

9.4 Jury Trial Waiver. Jury trials are not available in probate proceedings; nonetheless, to the extent a jury trial could otherwise be sought, all parties knowingly waive the same.

9.5 Injunctive Relief. Beneficiaries may petition the Court for injunctive relief to compel or restrain fiduciary actions that threaten irreparable harm to the Trust.

9.6 No-Contest Clause. Any beneficiary who contests or assists in contesting this Will or Trust shall forfeit his or her interest, which shall be disposed of as though such beneficiary had predeceased me without Issue. This clause shall be enforced to the maximum extent permitted by D.C. law.

9.7 Simultaneous Death. If any beneficiary and I die under circumstances rendering the order of death uncertain, such beneficiary shall be deemed to have predeceased me.

9.8 Digital Assets. I authorize my Personal Representative and Trustee to access, manage, and dispose of my digital assets in accordance with the Revised Uniform Fiduciary Access to Digital Assets Act (D.C. Code § 21-2601.01 et seq.).

9.9 Severability. If any provision is held invalid, all other provisions shall remain in full force.

9.10 Headings. Headings are for convenience only and shall not affect interpretation.

9.11 Integration. This Will (including any duly-executed codicil and separate tangible property memorandum) constitutes the entire expression of my testamentary intent.

ARTICLE X

EXECUTION, ATTESTATION & SELF-PROVING AFFIDAVIT

IN WITNESS WHEREOF, I, [TESTATOR NAME], have hereunto subscribed my name on the date written below.

__________
[TESTATOR NAME], Testator
Date: _______

ATTESTATION CLAUSE

Signed, published, and declared by [TESTATOR NAME] as and for his/her Last Will and Testament, in our presence, and we, in the Testator’s presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses.

SELF-PROVING AFFIDAVIT

(D.C. Code § 19-103.03 compliant form – modify if statute amended)

District of Columbia
City/County of ____

We, [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], being first duly sworn, do hereby declare to the undersigned authority that on the date hereof the Testator executed the foregoing Will, that the Testator signed (or directed another to sign for the Testator) the Will voluntarily, that each witness in the Testator’s presence signed the Will as a witness, and that to the best of the knowledge of each witness the Testator was eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

[TESTATOR NAME]

[WITNESS #1 NAME]

[WITNESS #2 NAME]

Subscribed, sworn to, and acknowledged before me by the Testator and the witnesses this ___ day of ____, 20__, by means of ☐ physical presence / ☐ remote notarization (if permitted by DC law).

Notary Public
My commission expires: ____

[// GUIDANCE: Confirm current DC notarial and remote-witness requirements; adjust affidavit language if using electronic or remote execution.]