Last Will and Testament

of
[TESTATOR FULL LEGAL NAME]

(A Kentucky Complex Will Creating a Testamentary Trust)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Revocation of Prior Instruments
   3.2 Identification of Family & Heirs
   3.3 Appointment of Personal Representative
   3.4 Specific Bequests
   3.5 Disposition of Tangible Personal Property
   3.6 Pour-Over to Testamentary Trust (Residuary Clause)
4. Testamentary Trust Terms
   4.1 Creation, Name, and Purpose
   4.2 Trust Funding & Accounts
   4.3 Beneficial Interests & Distribution Scheme
   4.4 Trustee Powers & Duties
   4.5 Fiduciary Standards & Administration
   4.6 Indemnification & Limitation of Liability
   4.7 Trustee Succession & Removal
5. Representations & Warranties
6. Covenants & Restrictions
7. Default & Remedies
8. Risk Allocation
9. Dispute Resolution
10. General Provisions
11. Execution Block
12. Self-Proving Affidavit (KRS 394.225)

[// GUIDANCE: Replace every bracketed term before execution. Do not delete bracket identifiers; they flag incomplete customization.]

1. DOCUMENT HEADER

1.1 Title. LAST WILL AND TESTAMENT (this “Will”) of [TESTATOR FULL LEGAL NAME], a resident of [COUNTY], Commonwealth of Kentucky (“Testator”).

1.2 Date & Execution. Executed this ___ day of _, 20 (the “Effective Date”) in accordance with Kentucky Revised Statutes (“KRS”) §§ 394.040 & 394.225.

1.3 Recitals.
(a) Testator is of legal age, of sound mind, and acting voluntarily.
(b) Testator desires to dispose of estate property at death and to establish a testamentary trust pursuant to KRS § 386B.5-101, et seq.
(c) Consideration consists of Testator’s donative intent and the mutual promises herein.

2. DEFINITIONS

Unless the context otherwise requires, capitalized terms have the meanings below and apply throughout this Will and the Testamentary Trust (“Trust”).

“Accounting Period” – Each calendar year ending December 31, unless the Trustee selects a different fiscal year permitted by law.

“Beneficiaries” – Those persons or entities identified in Section 4.3 as having a present or future beneficial interest.

“Child” or “Children” – Testator’s lineal descendants of the first degree of kinship, whether born or adopted before or after the Effective Date.

“Fiduciary” – The Personal Representative, Trustee, and any successor or co-fiduciary appointed hereunder.

“Personal Representative” – The executor or administrator of Testator’s probate estate appointed in Section 3.3.

“Primary Beneficiaries” – [NAME OF PRIMARY BENEFICIARY 1] and [NAME OF PRIMARY BENEFICIARY 2], collectively.

“Qualified Disposition” – Any distribution expressly permitted under Section 4.3.

“Residuary Estate” – All property remaining after satisfaction of Sections 3.4 and 3.5.

“Trust” – The testamentary trust created in Article 4.

“Trust Assets” – All property transferred to or otherwise held in the Trust at any time.

“Trustee” – The person or entity appointed in Section 4.4(a) (including any successor).

[// GUIDANCE: Add additional definitions if specialized assets (e.g., closely-held stock, digital assets) are involved.]

3. OPERATIVE PROVISIONS

3.1 Revocation of Prior Instruments

Testator hereby revokes all prior wills and codicils.

3.2 Identification of Family & Heirs

Testator is married to [SPOUSE NAME] (if none, insert “not married”). Children:
• [CHILD NAME 1] – born [DOB]
• [CHILD NAME 2] – born [DOB]

[// GUIDANCE: Insert “None” if no living children. Kentucky’s pretermitted‐child statute (KRS § 394.380) makes accuracy essential.]

3.3 Appointment of Personal Representative

(a) Designation. Testator appoints [PRIMARY EXECUTOR NAME] as Personal Representative. If [he/she/they] is unable or unwilling to serve, [SECONDARY EXECUTOR NAME] shall serve.

(b) Bond Waiver. Pursuant to KRS § 395.150, any bond requirement is waived unless a court orders otherwise for good cause.

(c) Powers. The Personal Representative shall have all powers granted by KRS Chapter 395 and any supplementary statute, including power to sell assets, settle claims, and make tax elections.

3.4 Specific Bequests

Testator gives the following property free of trust and death taxes:
1. $[AMOUNT] to [BENEFICIARY NAME];
2. [DESCRIPTION OF ITEM] to [BENEFICIARY NAME];
3. [ADDITIONAL BEQUESTS].

Any lapse shall pass to the Residuary Estate unless otherwise stated.

3.5 Disposition of Tangible Personal Property

(a) Memorandum. Testator may leave a signed memorandum disposing of tangible personal property, which shall be incorporated herein if found at death.
(b) Default. Unlisted items shall pass to the Residuary Estate.

3.6 Pour-Over to Testamentary Trust (Residuary Clause)

All property not effectively disposed of above shall pour-over to the Trust created in Article 4 to be administered and distributed pursuant thereto.

4. TESTAMENTARY TRUST TERMS

4.1 Creation, Name, and Purpose

(a) Creation. Effective upon Testator’s death, the “[TESTATOR SURNAME] Family Trust” is created under KRS § 386B.5-101.
(b) Purpose. To provide for the health, education, maintenance, and support (“HEMS standard”) of the Beneficiaries, preserve assets, and facilitate tax planning.

4.2 Trust Funding & Accounts

The Trust is funded by (i) the Residuary Estate, (ii) any assets passing by beneficiary designation or right of survivorship expressly directed to the Trust, and (iii) any additional property accepted by the Trustee.

4.3 Beneficial Interests & Distribution Scheme

(a) Lifetime of the Trust. The Trust shall terminate upon the earlier of (i) [TERMINATION EVENT, e.g., youngest Child reaching age 35], or (ii) 21 years after the death of the last surviving descendant of [REFERENCE MEASURING LIFE] living at Testator’s death, pursuant to the Kentucky rule against perpetuities (KRS § 381.215).

(b) Mandatory Distributions.
(1) Upon each Primary Beneficiary reaching age 25, distribute one-third (1/3) of that Beneficiary’s share outright.
(2) Upon reaching age 30, distribute one-half (1/2) of the then-remaining share.
(3) Upon reaching age 35, distribute the balance outright and terminate that Beneficiary’s separate share.

(c) Discretionary Distributions. Prior to mandatory ages, the Trustee may distribute principal or income for a Beneficiary’s HEMS needs, considering other available resources.

(d) Spendthrift Protection. Beneficial interests shall be held subject to a spendthrift trust per KRS § 386B.5-020; voluntary or involuntary alienation is prohibited until actual receipt.

(e) Lapse & Survivorship. If a Beneficiary fails to survive to full distribution, the undistributed share shall be allocated per stirpes to such Beneficiary’s descendants; absent such, to the remaining Primary Beneficiary(ies), or if none, to Testator’s heirs-at-law.

4.4 Trustee Powers & Duties

(a) Appointment. Testator appoints [PRIMARY TRUSTEE NAME] as Trustee; successor trustees in order: [1] [SUCCESSOR TRUSTEE NAME 1], [2] [SUCCESSOR TRUSTEE NAME 2]. Court appointment is unnecessary unless all nominees are unable or unwilling to serve.

(b) Statutory Incorporation. The Trustee shall have all powers under KRS § 386B.8-130 et seq., the Kentucky Uniform Prudent Investor Act (KRS § 286.3-277), and any other applicable law.

(c) Enumerated Powers. Without limiting statutory powers, the Trustee may:
1. Retain, sell, or exchange Trust Assets;
2. Consolidate or segregate accounts;
3. Borrow or lend funds;
4. Make tax elections;
5. Employ professionals;
6. Distribute in cash or in kind;
7. Adjust between income and principal (KRS § 386B.10-010).

4.5 Fiduciary Standards & Administration

(a) Standard of Care. The Trustee shall act in good faith, in accordance with the purposes of the Trust, and in the interests of the Beneficiaries, exercising reasonable care, skill, and caution.
(b) Accounting. Annual written accountings shall be provided to the adult Beneficiaries and to minors’ guardians. Beneficiaries shall have 180 days to object in writing, after which the accounting is binding.
(c) Compensation. Trustee is entitled to reasonable compensation under KRS § 386B.7-080, and reimbursement for properly incurred expenses.

4.6 Indemnification & Limitation of Liability

(a) Indemnification. The Trust shall indemnify, defend, and hold harmless the Trustee and its agents against any claim or liability arising from good-faith administration, except for willful misconduct or gross negligence.
(b) Liability Cap. Any liability of the Trustee shall be strictly limited to Trust Assets; no personal assets of the Trustee may be reached for obligations incurred in a fiduciary capacity.

4.7 Trustee Succession & Removal

(a) Resignation. A Trustee may resign by written notice to each adult Beneficiary at least 30 days before effective date.
(b) Removal. A majority of adult Beneficiaries may remove a Trustee for cause (material breach of fiduciary duty, incapacity, or unfitness) by written notice. The removed Trustee shall deliver all Trust property and records to the successor within 30 days.
(c) Vacancy. If no named successor is able or willing to serve, a court of competent jurisdiction shall appoint a qualified trustee consistent with this Will.

5. REPRESENTATIONS & WARRANTIES

5.1 Testator’s Representations.
(a) Testamentary Capacity. Testator represents being of sound mind and under no undue influence.
(b) Property Title. Testator owns the property disposed of herein free of undisclosed liens, except as stated on attached Schedule A (if applicable).

5.2 Personal Representative & Trustee Representations. Each Fiduciary, upon acceptance, represents that (i) it is not disqualified under KRS § 395.005 or § 386B.6-050, and (ii) it will administer the estate or Trust in compliance with applicable law.

[// GUIDANCE: These representations place ethical and statutory compliance on fiduciaries and strengthen challenge defenses.]

6. COVENANTS & RESTRICTIONS

6.1 Fiduciary Covenants. Each Fiduciary covenants to:
(a) Act in accordance with statutory fiduciary duties;
(b) Preserve and maximize estate and Trust value;
(c) Keep accurate records;
(d) Provide required notices to Beneficiaries.

6.2 Beneficiary Covenants. As a condition to receiving benefits, each Beneficiary covenants not to challenge the validity of this Will or Trust except on grounds of forgery. Violation triggers Article 7 remedies.

7. DEFAULT & REMEDIES

7.1 Events of Default.
(a) Fiduciary Misconduct: breach of fiduciary duty, misappropriation, or failure to account.
(b) Beneficiary Violation: contesting instrument, interference with administration, or creditor seizure attempts contrary to Section 4.3(d).

7.2 Notice & Cure.
(a) Written notice of default must be delivered to the alleged defaulter describing the breach.
(b) Cure Period: 30 days for fiduciaries; immediate for beneficiary no-contest violations.

7.3 Remedies.
(a) Fiduciary Defaults: suspension, removal, surcharge, or injunctive relief to compel performance.
(b) Beneficiary Defaults: forfeiture of all interests and redistribution of forfeited share to remaining Beneficiaries per stirpes.
(c) Attorney Fees. Court may award fees and costs to prevailing parties in any fiduciary accounting or removal action.

8. RISK ALLOCATION

8.1 Indemnification. See Section 4.6.

8.2 Insurance. The Trustee may purchase liability insurance payable from Trust Assets.

8.3 Force Majeure. No Fiduciary shall be liable for losses resulting from acts of God, war, cyber-incidents, or other events beyond reasonable control, provided reasonable mitigation efforts are undertaken.

9. DISPUTE RESOLUTION

9.1 Governing Law. This Will and Trust shall be construed in accordance with the laws of the Commonwealth of Kentucky, without regard to conflict-of-law principles.

9.2 Forum Selection. Exclusive jurisdiction lies in the [COUNTY] District or Circuit Probate Court, as appropriate, for all probate and Trust matters.

9.3 Arbitration. Arbitration is not available for probate and Trust controversies under current Kentucky law; nothing herein shall compel or permit arbitration.

9.4 Jury Waiver. To the extent a jury trial could otherwise be demanded, the parties waive such right, consistent with probate practice (“no_jury_probate”).

9.5 Injunctive Relief. Courts retain authority to issue injunctive or equitable relief to enforce Trust terms or protect Trust Assets.

10. GENERAL PROVISIONS

10.1 Amendment & Revocation During Lifetime. Testator retains the unrestricted right to amend or revoke this Will by a duly executed codicil or new Will.

10.2 Assignment. Beneficiaries may not assign, pledge, or encumber interests prior to actual distribution, except as permitted by Section 4.3(d).

10.3 Severability. If any provision is invalid, remaining provisions shall be given effect to the maximum extent permissible.

10.4 Integration. This Will constitutes the entire testamentary plan of Testator, superseding prior statements or documents.

10.5 Headings. Article and section headings are for convenience only and do not affect interpretation.

10.6 Counterparts & Electronic Copies. Only the originally signed instrument is operative; photocopies and electronic images are for convenience but may be admitted to prove content under KRE 1004.

11. EXECUTION BLOCK

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], sign my name to this LAST WILL AND TESTAMENT on the date set forth below, and declare that I sign willingly and that I execute it as my free and voluntary act.

Date: ______

[TESTATOR FULL LEGAL NAME], Testator

Witness Attestation

We, the undersigned witnesses, affirm that on the date written above, [TESTATOR FULL LEGAL NAME], known to us or satisfactorily proven, declared this instrument to be Testator’s Last Will and Testament, signed it in our presence, and requested us to witness the same. We now, in the presence of Testator and each other, subscribe our names as witnesses.

1. ---

   Printed Name: ___
   Address: ____
   Date: ______

2. ---

   Printed Name: ___
   Address: ____
   Date: ______

[// GUIDANCE: Kentucky requires two disinterested witnesses (KRS § 394.040). Advise clients to avoid naming beneficiaries or spouses as witnesses.]

12. SELF-PROVING AFFIDAVIT

(Commonwealth of Kentucky – KRS § 394.225)

STATE OF KENTUCKY )
) SS:
COUNTY OF [COUNTY] )

Before me, the undersigned authority authorized to administer oaths, personally appeared [TESTATOR FULL LEGAL NAME], and the witnesses, [WITNESS 1] and [WITNESS 2], who, having been duly sworn, do hereby depose and say:

1. That the Testator signed the foregoing Will;
2. That the Testator signed willingly, and that each witness signed at the request of the Testator and in the presence of the Testator and each other;
3. That the Testator was of sound mind and at least eighteen years of age; and
4. That each witness is at least eighteen years of age and is not an heir, devisee, or legatee under the Will.

[TESTATOR FULL LEGAL NAME], Testator

[WITNESS 1 NAME], Witness

[WITNESS 2 NAME], Witness

Subscribed, sworn, and acknowledged before me by the Testator and the witnesses on this ___ day of _, 20.

Notary Public

My Commission Expires: ______

[// GUIDANCE: Attach Schedule A (statement of personal property/real estate) and any beneficiary designations that pour into the Trust. Advise updating those designations to read “to the Trustee under Article 4 of the Last Will and Testament of [Testator].”]

END OF DOCUMENT