Complex Will with Trust - Indiana

LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

WITH THE [TRUST NAME] TESTAMENTARY TRUST

State of Indiana

DRAFTING AND SIGNING CHECKLIST

☐ Confirm the Testator's Indiana 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.

☐ If using a separate tangible-property writing, refer to it in this Will. Under Ind. Code § 29-1-6-1(m), the signed writing must describe the items and beneficiaries with reasonable certainty, may be prepared or altered before or after execution, and may not dispose of property used in a trade or business.

☐ For an ordinary paper ceremony under Ind. Code § 29-1-5-3(b), the Testator signifies that the instrument is the Testator's Will and signs or acknowledges it in the presence of at least two witnesses; the witnesses sign in the presence of the Testator and each other.

☐ Complete the self-proving clause substantially in the form authorized by Ind. Code § 29-1-5-3.1(c) or (d). A qualifying self-proved Will receives the presumption described in § 29-1-7-13(c).

☐ Do not use separate counterparts or audiovisual signing with this general form. Ind. Code § 29-1-5-3(c)-(e) permits a specialized paper-counterpart process only with attorney or directed-paralegal supervision, physical assembly, an affidavit of compliance, and other statutory safeguards.

ARTICLE I — DECLARATIONS AND REVOCATION

1.1 Testator

I, [TESTATOR FULL LEGAL NAME], residing at [ADDRESS], [COUNTY] County, Indiana, declare that I am eligible to make a Will under Ind. Code § 29-1-5-1, am of sound mind, and am making this instrument voluntarily as my Last Will and Testament (the “Will”).

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 written Will is intended to operate consistently with Ind. Code § 29-1-5-6.

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 the Indiana court having probate jurisdiction and proper venue over the 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].

I request that no bond be required to the extent the Court may honor that request under controlling law.

3.2 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].

3.3 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.

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. Indiana counsel and tax counsel must tailor this direction to the Testator's assets and intended allocation.

ARTICLE V — TANGIBLE PERSONAL PROPERTY

5.1 Separate Writing

I may leave a signed written statement or list disposing of items of tangible personal property under Ind. Code § 29-1-6-1(m). The writing must describe the items and beneficiaries with reasonable certainty and may not dispose of property used in a trade or business.

5.2 Remaining Tangible Property

I give tangible personal property not effectively disposed of by a valid Section 5.1 writing to [PRIMARY TANGIBLE-PROPERTY BENEFICIARY], if that beneficiary survives me by thirty days. Otherwise, that property becomes part of 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

Before payment or delivery by the Trustee, each beneficiary's interest may not be voluntarily or involuntarily transferred to the extent permitted by Ind. Code § 30-4-3-2.

ARTICLE VIII — TRUST ADMINISTRATION

8.1 Trustee Powers

Subject to this Will and fiduciary duties, the Trustee may exercise without court authorization the powers granted by Ind. Code § 30-4-3-3, except where that section or controlling law requires court involvement. Those powers include managing, acquiring, selling, leasing, investing, borrowing, settling claims by compromise or arbitration, employing professionals, making tax elections, and distributing property.

8.2 Conflicts of Interest

If the Trustee's fiduciary duty in exercising a power conflicts with an individual interest or an interest as trustee of another trust, the Trustee shall comply with Ind. Code § 30-4-3-5 and obtain the authorization required there.

8.3 Investments

The Trustee shall comply with the Indiana Uniform Prudent Investor Act, Ind. Code ch. 30-4-3.5, including the portfolio-wide standard of reasonable care, skill, and caution and the duty to diversify unless special circumstances support the statutory exception.

8.4 Information and Accounts

Unless this Will provides otherwise or an adult competent beneficiary waives the requirement in writing, the Trustee shall provide each income beneficiary or personal representative an annual written statement containing the receipts, disbursements, and Trust property information required by Ind. Code § 30-4-5-12(a).

8.5 Compensation and Reimbursement

Unless this Will provides otherwise, the Trustee is entitled to reasonable compensation and reimbursement as provided by Ind. Code § 30-4-5-16, subject to the Court's authority and the rules applicable to a breach of trust.

8.6 Successor Trustee

The successor named in Section 3.2 shall serve when the prior Trustee ceases to serve. If no named successor can serve, a successor shall be selected or appointed under controlling law.

8.7 Trustee Liability

This Will creates no blanket indemnity, damages cap, force-majeure excuse, or immunity for breach of fiduciary duty. Any reimbursement, defense expense, release, or allocation of liability must comply with controlling Indiana law.

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 Ind. Code § 32-39-2-1, including the priority of a qualifying online-tool direction, and to the procedures and limits in §§ 32-39-2-4, 32-39-2-5, and 32-39-2-8 through 32-39-2-13.

ARTICLE X — GENERAL PROVISIONS

10.1 Governing Law and Proceedings

Indiana law governs this Will and the Trust except when controlling law requires otherwise. Probate venue is governed by Ind. Code § 29-1-7-1. This Will does not impose a broader exclusive forum, mandatory arbitration, a notice-and-cure prerequisite, or a contractual jury waiver. Section 30-4-3-3 expressly includes compromise or arbitration among a Trustee's claim-settlement powers.

10.2 Personal Representative's Claims

The Personal Representative may maintain actions within Ind. Code § 29-1-13-3 in the fiduciary capacity described there. This clause does not convert that litigation provision into a general grant of every estate-administration power.

10.3 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.

10.4 Headings

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

EXECUTION AND SELF-PROVING CLAUSE

We, the undersigned Testator and witnesses, respectively, whose names are signed below, declare:

1. The Testator executes this instrument as the Testator's Will.
2. In the presence of both witnesses, the Testator signed this Will, acknowledged the Testator's signature already made, or directed another person to sign for the Testator in the Testator's presence.
3. The Testator executes this Will as a free and voluntary act for the purposes expressed in it.
4. Each witness, in the presence of the Testator and of the other witness, signs this Will as a witness.
5. The Testator is of sound mind when this Will is executed.
6. To the best knowledge of each witness, the Testator is at least eighteen years old or is a member of the armed forces or merchant marine of the United States or its allies.

This clause is intended to comply substantially with Ind. Code § 29-1-5-3.1(c).

SOURCES AND REFERENCES

• Ind. Code ch. 29-1-5 — wills, execution, self-proof, and revocation
• Ind. Code § 29-1-6-1(m) — tangible-personal-property writing
• Ind. Code ch. 29-1-7 — probate venue, proof, and contests
• Ind. Code ch. 29-1-13 — personal-representative authority
• Ind. Code ch. 30-4-3 — trustee powers and duties
• Ind. Code ch. 30-4-3.5 — Indiana Uniform Prudent Investor Act
• Ind. Code ch. 30-4-5 — trust administration and accounting
• Ind. Code ch. 32-39-2 — fiduciary access to digital assets

END OF DOCUMENT