COMPLEX LAST WILL & TESTAMENT WITH TESTAMENTARY TRUST

(Kansas – Court-Ready Template)

[// GUIDANCE: This template is drafted for use under Kansas law and incorporates the Kansas Uniform Trust Code (K.S.A. 58a-101 et seq.) and Kansas Probate Code requirements. Customize bracketed fields, adjust dispositive provisions, and obtain client signatures/witnesses exactly as required by K.S.A. Chapter 59. Remove all guidance comments before execution.]

TABLE OF CONTENTS

1. Document Header & Recitals.............................................. 2
2. Definitions............................................................ 3
3. Operative Provisions................................................... 5
4. Representations & Warranties.......................................... 10
5. Covenants & Restrictions.............................................. 11
6. Default & Remedies.................................................... 12
7. Risk Allocation....................................................... 13
8. Dispute Resolution.................................................... 14
9. General Provisions.................................................... 15
10. Execution Block & Self-Proving Affidavit............................. 17

Page numbers are placeholders—update after final formatting.

1. DOCUMENT HEADER & RECITALS

1.1 Title

LAST WILL AND TESTAMENT OF [TESTATOR FULL LEGAL NAME]

1.2 Domicile & Effective Date

I, [TESTATOR FULL LEGAL NAME], a resident of [COUNTY], Kansas, being of sound mind and over the age of eighteen (18) years, do hereby declare this instrument to be my Last Will and Testament (“Will”), revoking all prior wills and codicils. This Will shall be effective as of the date of my signature (“Effective Date”).

1.3 Governing Law

This Will and all trusts created herein shall be governed by the laws of the State of Kansas, including but not limited to the Kansas Uniform Trust Code and Kansas Probate Code.

1.4 Consideration & Intent

In consideration of natural love and affection for my family and in furtherance of my testamentary intentions, I set forth the following provisions to dispose of my estate at death and to establish the testamentary trust described herein.

2. DEFINITIONS

Unless the context clearly indicates otherwise, the following capitalized terms shall have the meanings ascribed below. Defined terms apply equally to singular and plural forms.

“Alternate Trustee” – The individual or Institution named in Section 3.5.3 to serve if the Primary Trustee is unable or unwilling to act.

“Beneficiary” – Any person or entity entitled to receive a distribution from my Estate or the Trust.

“Child” or “Children” – My lineal descendants in the first degree, whether now living or hereafter born or adopted, and their descendants per stirpes.

“Designated Fiduciary” – The Personal Representative, Trustee, or any successor fiduciary appointed under this Will.

“Estate” – All property passing under this Will, together with any property over which I hold a power of appointment.

“Personal Representative” – The executor or administrator of my Estate appointed in Section 3.3, including any successor.

“Primary Trustee” – The person or entity named in Section 3.5.2 to serve as initial trustee of the Trust.

“Qualified Disposition Year” – January 1 of the year immediately following the year in which the youngest Beneficiary attains age [25].

“Spouse” – [NAME OF SPOUSE], if surviving me; references to “my Spouse” shall include that person only if legally married to me at the time of my death.

“Trust” – The testamentary trust created in Article 3 (the “[TESTATOR SURNAME] Family Trust”).

“Trust Estate” – All property held from time to time by the Trustee under the Trust.

[// GUIDANCE: Add additional defined terms (e.g., “Digital Assets,” “Pet Trust”) if they are incorporated in customized provisions.]

3. OPERATIVE PROVISIONS

3.1 Revocation of Prior Instruments

I hereby revoke all prior wills and codicils.

3.2 Payment of Debts, Expenses, and Taxes

3.2.1 My just debts, funeral expenses, expenses of last illness, administration expenses, and all estate, inheritance, and similar taxes payable by reason of my death shall be paid from my residuary Estate, without apportionment, as soon as practicable.
3.2.2 No Beneficiary shall have any personal liability for such obligations.

3.3 Appointment of Personal Representative

3.3.1 I nominate [PRIMARY PERSONAL REPRESENTATIVE NAME] as Personal Representative.
3.3.2 If the primary nominee fails to qualify or cease to serve, [SUCCESSOR PERSONAL REPRESENTATIVE] shall serve.
3.3.3 The Personal Representative shall serve [with/without] bond.

3.4 Specific Bequests

[// GUIDANCE: Insert or delete subsections as required.]

3.4.1 Tangible Personal Property. I bequeath my tangible personal property in accordance with a writing described in K.S.A. 59-623, or, if no such writing exists, to [NAME].
3.4.2 Cash Bequests.
(a) $[AMOUNT] to [BENEFICIARY].
(b) $[AMOUNT] to [CHARITY], EIN [___], for general charitable purposes.

3.5 Residual Disposition & Testamentary Trust Creation

3.5.1 I devise and bequeath all the residue of my Estate, including any lapsed or failed legacies, to the Trustee IN TRUST as follows.
3.5.2 Primary Trustee. [PRIMARY TRUSTEE NAME] is appointed as Trustee.
3.5.3 Alternate Trustee. If the Primary Trustee is unable or unwilling to serve, [ALTERNATE TRUSTEE] shall serve.
3.5.4 Trust Name. This trust shall be known as the “[TESTATOR SURNAME] Family Trust.”
3.5.5 Funding. The Trust shall be funded upon my death with the residue of my Estate and any property passing to the Trust by beneficiary designation or otherwise.

3.6 Trust Administration

3.6.1 Purposes. The Trust is established to (i) provide for my Spouse during life, (ii) provide for the education, health, maintenance, and support of my Children, and (iii) preserve assets for later distribution as provided herein.
3.6.2 Distributions During Spouse’s Lifetime.
(a) Mandatory Income. The Trustee shall distribute all net income to my Spouse, at least annually.
(b) Discretionary Principal. The Trustee may distribute principal to or for the benefit of my Spouse for health, education, maintenance, or support (“HEMS”).
3.6.3 Distributions After Spouse’s Death.
(a) Separate Shares. Upon my Spouse’s death, the Trust Estate shall be divided into equal shares, per stirpes, for my then-living Children.
(b) Age-Based Withdrawal Rights. Each Child may withdraw: one-third (⅓) of principal at age [25], one-half (½) of the remaining principal at age [30], and the balance outright at age [35]. Prior to full distribution, the Trustee may distribute HEMS amounts.
3.6.4 Termination. The Trust shall terminate upon the earlier of (i) complete distribution under Section 3.6.3(b) or (ii) the Qualified Disposition Year, and the remaining principal and undistributed income shall vest outright in the Beneficiaries.
3.6.5 Spendthrift Protection. To the maximum extent permitted by law, no Beneficiary may voluntarily or involuntarily transfer or encumber any interest in the Trust before actual receipt.
3.6.6 Trustee Powers. The Trustee shall have all powers granted under K.S.A. 58a-801 et seq. and any successor statutes, including, without limitation, the powers to:
(a) invest and reinvest Trust assets under the prudent investor rule;
(b) retain, sell, lease, encumber, or exchange Trust property;
(c) divide or consolidate Trust shares;
(d) allocate receipts and disbursements between income and principal; and
(e) employ and compensate professionals.

3.7 Digital Assets

I grant the Personal Representative and Trustee authority under 15 U.S.C. § 7001 et seq. (E-SIGN) and any applicable state custodian-access laws to access, manage, and dispose of my digital assets and electronic communications.

3.8 Guardianship of Minor Children

If my Spouse does not survive me or is unable to act, I nominate [GUARDIAN NAME] as Guardian of the person and property of my minor Children, with [ALTERNATE GUARDIAN] as successor.

3.9 Anatomical Gift & Funeral Instructions

I direct that [CREMATION/BURIAL] arrangements be carried out as specified in a separate writing or, in default thereof, by my Personal Representative. I make an anatomical gift of any needed organs and tissues, subject to Kansas Anatomical Gift Act.

4. REPRESENTATIONS & WARRANTIES

4.1 Testamentary Capacity. I represent that I am of legal age and of sound mind.

4.2 Marital Status. I am married to [SPOUSE NAME] and have no other living or former spouses whose elective share or statutory rights remain unsatisfied, except as disclosed in Schedule A hereto.

4.3 Children. My only Children are [LIST NAMES].

4.4 No Undisclosed Agreements. There are no contracts to make a will or testamentary disposition affecting this Will.

[// GUIDANCE: Attach disclosure schedules for premarital agreements, prior adoptions, or potential elective-share waivers.]

5. COVENANTS & RESTRICTIONS

5.1 No Contest Clause. Any Beneficiary who, directly or indirectly, contests this Will or the Trust (other than to enforce its terms in good faith) shall forfeit all rights and interests herein, and such forfeited share shall pass as if that Beneficiary had predeceased me without issue.

5.2 Information Rights. The Trustee shall provide annual statements of account to the current Beneficiaries and any additional information reasonably requested for Trust administration.

6. DEFAULT & REMEDIES

6.1 Events of Default. “Default” means (i) breach of fiduciary duty by any Designated Fiduciary, (ii) failure to provide required accountings within thirty (30) days after written demand, or (iii) misappropriation or self-dealing.

6.2 Notice & Cure. Prior to judicial action, an aggrieved Beneficiary shall give written notice describing the alleged Default and provide thirty (30) days to cure.

6.3 Graduated Remedies.
(a) Preliminary Injunctive Relief. Any Beneficiary may seek temporary restraining orders or preliminary injunctions in the District Court of [COUNTY], Kansas, Probate Division, to prevent waste or further breach.
(b) Removal & Surcharge. Upon clear and convincing evidence of Default, the court may remove the fiduciary and surcharge the fiduciary’s interest up to the amount damaged, subject to Section 7.2.
(c) Attorneys’ Fees. The court may award reasonable attorneys’ fees and costs to the prevailing party, chargeable against the fiduciary personally or the Trust Estate, as justice and equity require.

7. RISK ALLOCATION

7.1 Trustee Indemnification

The Trustee shall be indemnified and held harmless out of the Trust Estate against all claims, liabilities, and expenses reasonably incurred in good-faith administration, except for acts or omissions arising from willful misconduct or gross negligence.

7.2 Liability Cap

In no event shall any Trustee be liable in excess of the total net value of the Trust Estate at the time the cause of action arises.

7.3 Insurance

The Trustee may purchase fiduciary liability insurance and charge the premiums to the Trust Estate.

7.4 Force Majeure

No fiduciary shall be liable for loss or delay caused by acts of God, war, terrorism, epidemic, or any event beyond reasonable control that materially impairs administration.

8. DISPUTE RESOLUTION

8.1 Governing Law. Kansas law exclusively governs all matters arising under or related to this Will and Trust.

8.2 Forum Selection. All proceedings shall be brought in the District Court of [COUNTY], Kansas, Probate Division, which shall have exclusive jurisdiction.

8.3 Arbitration. Arbitration is expressly disclaimed and shall not apply to any dispute under this Will or Trust.

8.4 Jury Waiver Inapplicable. Probate matters in Kansas are tried without a jury; accordingly, no jury waiver is required.

8.5 Preservation of Equitable Remedies. Nothing herein limits the right of any Beneficiary to seek specific performance, injunction, or other equitable relief to enforce fiduciary duties.

9. GENERAL PROVISIONS

9.1 Amendment & Revocation. I reserve the right to amend or revoke this Will at any time prior to my death by a duly executed writing.

9.2 Assignment. No Beneficiary may assign, pledge, or encumber any expectancy or distribution prior to actual receipt.

9.3 Successors & Assigns. References to fiduciaries include all duly appointed successors.

9.4 Severability. If any provision is held invalid, the remaining provisions shall remain enforceable, and a court may reform any invalid provision to best carry out my intent.

9.5 Integration. This instrument constitutes my entire Will and supersedes all prior testamentary documents.

9.6 Counterparts. This Will may be executed in counterparts, each deemed an original.

9.7 Electronic Signatures. Electronic or remote signatures are authorized to the fullest extent permitted under Kansas law, but at least one “wet-ink” original should be retained for probate filing.

10. EXECUTION BLOCK & SELF-PROVING AFFIDAVIT

10.1 Testator’s Signature

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of _, 20_, at ______, Kansas.

[TESTATOR FULL LEGAL NAME], Testator

10.2 Attestation

We, the undersigned witnesses, in the presence of the Testator and each other, declare that the Testator signed and executed this Will voluntarily, and that the Testator appeared to be of sound mind and under no undue influence.

10.3 Self-Proving Affidavit

STATE OF KANSAS )
) ss.
COUNTY OF _)

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], who, being duly sworn, each states to me as follows:

1. The Testator declared the instrument to be his/her Last Will and Testament and signed it (or directed another to sign) in our presence.
2. Each Witness signed the Will as Witness in the presence of the Testator and each other.
3. The Testator was at least 18 years of age, of sound mind, and under no undue influence.
4. Each Witness was at least 18 years of age and competent to witness.

[TESTATOR NAME], Testator

[WITNESS 1 NAME], Witness

[WITNESS 2 NAME], Witness

Subscribed and sworn before me this ___ day of ____, 20__.

Notary Public for the State of Kansas
My Commission Expires: ______

[Seal]

Schedule A – Disclosures & Ancillary Documents

(Attach prenuptial agreements, separate writings for personal property, beneficiary designations, and any list of digital assets.)

[// GUIDANCE:
1. Verify witness and notary requirements under K.S.A. § 59-606 and § 59-610 for self-proved wills.
2. Confirm elective-share waivers and spousal rights if the Testator is or has been married more than once.
3. Review asset titling and beneficiary designations to ensure coordination with this Will and Trust.
4. File the original executed Will with the clerk of the District Court or store in a secure, fire-proof location accessible to the Personal Representative.
5. Consider separate documents for Advance Health-Care Directive and Durable Power of Attorney.]