Complex Will with Trust - Illinois

LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

WITH THE [TRUST NAME] TESTAMENTARY TRUST

State of Illinois

DRAFTING AND SIGNING CHECKLIST

☐ Confirm the Testator's Illinois domicile, family information, marital rights, prior estate-planning documents, and ownership of all assets.

☐ Coordinate beneficiary designations, jointly owned property, transfer-on-death arrangements, and other nonprobate transfers with this Will.

☐ Obtain tax advice for estate, inheritance, generation-skipping, income-tax, and tax-apportionment provisions.

☐ Do not rely on a separate tangible-personal-property memorandum as though 755 ILCS 5/4-4 authorized one. Section 4-4 concerns testamentary additions to an identified trust already evidenced by an instrument.

☐ Execute this written Will under 755 ILCS 5/4-3: the Testator, or another person acting in the Testator's presence and at the Testator's direction, signs the Will, and at least two credible witnesses attest in the Testator's presence.

☐ Use disinterested witnesses. Under 755 ILCS 5/4-6, an interested witness may lose all or part of a beneficial gift unless the Will is otherwise sufficiently attested without that witness.

☐ Illinois probate proof is governed by 755 ILCS 5/6-4. This template does not label the execution ceremony itself a statutory self-proving affidavit; Illinois counsel should prepare any witness affidavit used for probate.

ARTICLE I — DECLARATIONS AND REVOCATION

1.1 Testator

I, [TESTATOR FULL LEGAL NAME], residing at [ADDRESS], [COUNTY] County, Illinois, declare that I am at least eighteen years old, of sound mind and memory, and making this instrument voluntarily as my Last Will and Testament (the “Will”), consistent with 755 ILCS 5/4-1.

1.2 Family Information

My marital status is [MARRIED / UNMARRIED / DIVORCED / WIDOWED].

My spouse, if any, is [SPOUSE FULL LEGAL NAME].

My children are:

• [CHILD NAME], born [DATE];
• [CHILD NAME], born [DATE]; and
• [ADDITIONAL CHILDREN OR “NONE”].

1.3 Revocation

I revoke all prior wills and codicils. This clause is intended to operate as a later will declaring revocation under 755 ILCS 5/4-7.

1.4 Survival Period

Unless this Will expressly provides otherwise, a beneficiary must survive me by thirty days to receive a gift. A beneficiary who does not satisfy that condition shall be treated under this Will as having predeceased me.

ARTICLE II — DEFINITIONS

“Court” means an Illinois court having jurisdiction and proper venue over the estate or Trust matter.

“HEMS” means health, education, maintenance, and support.

“Personal Representative” means the executor or administrator with the will annexed appointed to administer my probate estate.

“Residue” means all property passing under this Will that is not effectively disposed of by another provision.

“Trust” means the [TRUST NAME] Testamentary Trust created under Article VII.

“Trustee” means the acting trustee of the Trust, including a duly appointed successor.

ARTICLE III — APPOINTMENT OF FIDUCIARIES

3.1 Personal Representative

I nominate [PRIMARY PERSONAL REPRESENTATIVE NAME AND ADDRESS] as Personal Representative. If that person does not qualify or ceases to serve, I nominate [SUCCESSOR PERSONAL REPRESENTATIVE NAME AND ADDRESS].

Any nominee must satisfy the qualifications in 755 ILCS 5/6-13. I request that no surety bond be required to the extent the Court may honor that request, but acknowledge that § 6-13(d) permits the Court to require a nonresident executor to furnish bond notwithstanding the Will.

3.2 Independent Administration

I direct independent administration to the fullest extent permitted by 755 ILCS 5/28-1 and 28-2. This direction does not eliminate a filing or court order required by those provisions or another controlling law.

3.3 Trustee

I appoint [PRIMARY TRUSTEE NAME AND ADDRESS] as Trustee. If that person does not accept or ceases to serve, I appoint [SUCCESSOR TRUSTEE NAME AND ADDRESS].

3.4 Guardian Nomination

If a guardian is required for a minor child of mine, I nominate [PRIMARY GUARDIAN NAME AND ADDRESS] and, if that person cannot serve, [SUCCESSOR GUARDIAN NAME AND ADDRESS], subject to appointment and approval by the Court under controlling law. The witnesses to this Will must each be at least 18 years old, and neither may be a person nominated as guardian, as required by 755 ILCS 5/11-5(a-1).

ARTICLE IV — DEBTS, EXPENSES, AND TAXES

4.1 Debts and Expenses

My Personal Representative shall pay from my probate estate my legally enforceable debts, funeral expenses, and estate-administration expenses.

4.2 Taxes

Except as another controlling instrument or mandatory law provides, estate, inheritance, and generation-skipping transfer taxes attributable to property included in my taxable estate shall be paid from the Residue without apportionment. Illinois counsel and tax counsel must tailor this direction to the Testator's assets and intended allocation.

ARTICLE V — TANGIBLE PERSONAL PROPERTY

5.1 Direct Gift

I give my tangible personal property to [PRIMARY TANGIBLE-PROPERTY BENEFICIARY], if that beneficiary survives me by thirty days. Otherwise, that property becomes part of the Residue.

5.2 Allocation and Sale

My Personal Representative may distribute items in kind or sell an item when division or distribution is impracticable, subject to this Will and controlling law, and shall add net sale proceeds to the Residue.

ARTICLE VI — SPECIFIC GIFTS

Unless this Will expressly provides another disposition or controlling law requires otherwise, a failed specific gift becomes part of the Residue.

ARTICLE VII — RESIDUE AND TESTAMENTARY TRUST

7.1 Gift of Residue

I give the Residue to the Trustee, in trust, to be held, administered, and distributed under this Will.

7.2 Trust Name

The trust created by this Article shall be known as the [TRUST NAME] Testamentary Trust.

7.3 Primary Beneficiary

During the lifetime of [PRIMARY BENEFICIARY NAME], the Trustee may distribute as much income and principal as the Trustee determines advisable for that beneficiary's HEMS, after considering other resources the Trustee knows are reasonably available.

7.4 Remainder

At the primary beneficiary's death, the Trustee shall divide the remaining Trust property as follows:

• [PERCENTAGE]% to my descendants, per stirpes, subject to Section 7.5;
• [PERCENTAGE]% to [CONTINGENT BENEFICIARY]; and
• any unallocated remainder to [FINAL CONTINGENT BENEFICIARY OR CHARITY].

7.5 Continuing Shares

A share for a beneficiary younger than [FINAL DISTRIBUTION AGE] shall remain in a separate trust. The Trustee may distribute income and principal for that beneficiary's HEMS and shall distribute principal as follows:

• [FRACTION OR PERCENTAGE] at age [AGE 1];
• [FRACTION OR PERCENTAGE] of the remaining balance at age [AGE 2]; and
• the remaining balance at age [AGE 3].

7.6 Spendthrift Provision

Each beneficiary's interest is held subject to a spendthrift trust. Both voluntary and involuntary transfer before receipt are restrained to the extent permitted by 760 ILCS 3/502 and the other provisions of Article 5 of the Illinois Trust Code.

ARTICLE VIII — TRUST ADMINISTRATION

8.1 Duties and Powers

The Trustee shall administer the Trust in good faith under 760 ILCS 3/801 and comply with the duties applicable under §§ 802-807. Subject to those duties and this Will, the Trustee may exercise the general and specific powers provided by §§ 815 and 816.

8.2 Investments

The Trustee shall invest and manage Trust property under the prudent investor rule in 760 ILCS 3/901-905, including the portfolio-wide standard of reasonable care, skill, and caution and the duty to diversify unless the statutory exception applies.

8.3 Information and Accounts

For this Trust, which becomes irrevocable after the effective date of the Illinois Trust Code, the Trustee shall provide information and accounts required by 760 ILCS 3/813.1. The former file's citation to § 813 is not used because the current reporting provisions are §§ 813.1 and 813.2.

8.4 Compensation and Reimbursement

The Trustee is entitled to compensation that is reasonable under the circumstances unless this Will specifies compensation, subject to 760 ILCS 3/708. The Trustee may obtain reimbursement from Trust property as provided by § 709.

8.5 Resignation, Removal, and Vacancy

A Trustee may resign by giving the notice required by 760 ILCS 3/705 or with court approval. Removal is governed by § 706; this Will does not create removal by a bare majority vote of adult beneficiaries. A vacancy shall be filled in the order required by § 704, beginning with the successor designated in this Will.

8.6 Trustee Liability

Remedies and damages for breach are governed by 760 ILCS 3/1001-1003. Any exculpatory provision is limited by § 1008, and personal liability to third parties is governed by § 1010. This Will creates no separate damages cap, blanket indemnity, force-majeure excuse, or immunity for breach of trust.

ARTICLE IX — DIGITAL ASSETS

I authorize my Personal Representative and Trustee, to the fullest extent I may lawfully consent, to access, manage, disclose, transfer, archive, delete, or terminate my digital assets and accounts. This direction is subject to 755 ILCS 70/4, which gives a qualifying online-tool direction priority over a contrary direction in a will, and to the procedures and limits in 755 ILCS 70/7, 8, and 11-15.

ARTICLE X — GENERAL PROVISIONS

10.1 Governing Law and Proceedings

Illinois law governs this Will and the Trust except when controlling law requires otherwise. Under 760 ILCS 3/201, a court may adjudicate a trust-administration matter when its jurisdiction is invoked, but the Trust is not subject to continuing judicial supervision unless ordered. Section 202 addresses jurisdiction over trustees and beneficiaries. This Will does not impose an exclusive forum, mandatory arbitration, a notice-and-cure prerequisite, or a contractual jury waiver.

10.2 Severability

If a provision of this Will is held invalid or unenforceable, the remaining provisions shall continue to the extent they can operate consistently with my testamentary plan.

10.3 Headings

Headings are for convenience only. References to a statute include its valid successor provision when appropriate.

EXECUTION AND ATTESTATION

I, [TESTATOR FULL LEGAL NAME], sign this written instrument as my Last Will and Testament on [DATE].

__________________________________
[TESTATOR FULL LEGAL NAME], Testator

WITNESS ATTESTATION

We, the undersigned credible witnesses, attest this Will in the Testator's presence. The Testator signed this Will, or another person signed it in the Testator's presence and at the Testator's direction. Each witness is at least 18 years old, is not a person nominated as guardian, and is not a beneficiary or the spouse of a beneficiary under this Will. We sign as witnesses under 755 ILCS 5/4-3, 4-6, and 11-5(a-1).

ILLINOIS PROBATE-PROOF NOTE

755 ILCS 5/6-4 governs admission of a Will through witness testimony or affidavit. Have Illinois probate counsel prepare and use the affidavit or testimony appropriate to the circumstances; do not treat a generic notarized execution recital as a statutory self-proving affidavit.

SOURCES AND REFERENCES

• Illinois Probate Act, Articles IV-VI — capacity, execution, witnesses, revocation, venue, and probate proof
• 755 ILCS 5/28-1 and 28-2 — independent administration
• Illinois Trust Code, Article 5 — spendthrift and discretionary trusts
• Illinois Trust Code, Article 7 — office of trustee
• Illinois Trust Code, Article 8 — trustee duties, information, and powers
• Illinois Trust Code, Articles 9-10 — prudent investing and trustee liability
• 755 ILCS 70/ — Revised Uniform Fiduciary Access to Digital Assets Act

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