Complex Will with Trust - Louisiana

COMPLEX WILL WITH TESTAMENTARY TRUST

(Louisiana Notarial Testament Form)

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
    3.1 Revocation of Prior Wills & Codicils
    3.2 Family Information & Capacity Statement
    3.3 Independent Executor; Debts, Expenses, and Taxes
    3.4 Specific Bequests
    3.5 Residuary Disposition & Creation of Testamentary Trust

4. Testator Declarations

5. Covenants & Restrictions (Fiduciary Standards)
6. Default & Remedies (Fiduciary Removal & Judicial Relief)

7. Risk Allocation
    7.1 Trustee Indemnification
    7.2 Trustee Liability
    7.3 Insurance & Bond Waiver

8. Dispute Resolution

9. General Provisions
10. Execution Block (Louisiana Notarial Formalities)

1. DOCUMENT HEADER

LAST WILL AND TESTAMENT
and
TESTAMENTARY TRUST

of

[TESTATOR FULL LEGAL NAME]
[Street Address]
[Parish], Louisiana

Date of Execution: [DATE]
Governing Law: Louisiana law. A succession is opened in the district court identified by La. Code Civ. Proc. art. 2811. The proper court for the testamentary trust is determined under La. Rev. Stat. § 9:2235.

Recitals
A. I am domiciled in [PARISH], Louisiana, and intend this instrument to be my notarial testament under La. Civ. Code art. 1576 and to create a testamentary trust under La. Rev. Stat. § 9:1751.
B. I can comprehend generally the nature and consequences of the dispositions made in this Testament, consistent with La. Civ. Code art. 1477.

2. DEFINITIONS

Unless the context clearly indicates otherwise, the following capitalized terms have the meanings set forth below and apply throughout this Testament and any trust created herein.

“Administration Expenses” – All costs, attorney’s fees, and executor’s commissions incurred in probating the estate.

“Child” or “Children” – The persons identified as my children in Section 3.2 and any additional person expressly identified in this Testament as my Child.

“Executor” – The independent executor appointed under Section 3.3; includes any successor who qualifies.

“Forced Heir” – A person who qualifies as a forced heir under La. Civ. Code art. 1493.

“Independent Executor” – An Executor granted independent administration authority under La. Code Civ. Proc. art. 3396.1 et seq.

“Spouse” – [SPOUSE FULL NAME], if he/she survives the Testator by at least 72 hours.

“Testamentary Trust” or “Trust” – The trust established under Section 3.5, including any additions or amendments permitted herein.

“Trust Assets” – All property transferred to the Trustee, together with all reinvestments and accretions.

“Trustee” – The person or institution named in Section 3.5.4; includes any Successor Trustee.

3. OPERATIVE PROVISIONS

3.1 Revocation of Prior Wills & Codicils

I hereby revoke all prior wills, codicils, and testamentary dispositions.

3.2 Family Information & Capacity Statement

I am [MARITAL STATUS]. I have the following children:

1. [CHILD #1 NAME], born [DOB].
2. [CHILD #2 NAME], born [DOB].

I acknowledge any Forced Heirs as of this date: [LIST or “None”].

This Testament disposes only of property and interests that I may lawfully dispose of. Each spouse owns a present undivided one-half interest in community property under La. Civ. Code art. 2336; no provision of this Testament is intended to dispose of my spouse's interest.

3.3 Independent Executor; Debts, Expenses, and Taxes

a. I appoint [EXECUTOR NAME] as independent executor and [SUCCESSOR EXECUTOR NAME] as successor. I direct that independent administration be authorized under La. Code Civ. Proc. art. 3396.1 et seq.
b. Except where a court orders otherwise after the contradictory hearing allowed by La. Code Civ. Proc. art. 3396.14, no security shall be required of an independent executor.
c. The Executor shall pay enforceable debts, administration expenses, and taxes properly chargeable to my succession. Unless this Testament expressly provides otherwise, those amounts shall be paid from the residuary estate.

3.4 Specific Bequests

I make the following gifts, subject to valid ownership rights, liens, and encumbrances unless this Testament expressly provides otherwise:

1. Real Property: [LEGAL DESCRIPTION] to [BENEFICIARY NAME].
2. Tangible Personal Property: [DESCRIPTION] to [BENEFICIARY NAME].
3. Cash Gift: $[AMOUNT] to [BENEFICIARY NAME].

3.5 Residuary Disposition & Creation of Testamentary Trust

3.5.1 Transfer to Trust

All property not effectively disposed of above (the “Residuary Estate”) is transferred to the Trustee, IN TRUST, to be administered as follows.

3.5.2 Name

This trust shall be known as the “[TESTATOR SURNAME] Family Trust”.

3.5.3 Beneficiaries

a. Income Beneficiary: My Spouse during his/her lifetime.
b. Remainder Beneficiaries: My Children, per stirpes, subject to Sections 3.5.7–3.5.9.

3.5.4 Trustee & Succession

Primary Trustee: [TRUSTEE NAME].
Successor Trustee(s): in the following order
(i) [ALTERNATE #1]; (ii) [ALTERNATE #2]; (iii) any corporate fiduciary with trust powers in Louisiana.

3.5.5 Trustee Powers

Under La. Rev. Stat. § 9:2111, the Trustee may exercise the powers conferred by this Testament and those necessary or appropriate to carry out the Trust's purposes and not forbidden by this Testament. Those powers include authority to:

1. Retain, sell, exchange, or lease Trust Assets;
2. Borrow and encumber Trust Assets;
3. Make distributions in cash or in kind, proportionately or disproportionately;
4. Employ attorneys, accountants, investment advisers, and other professionals; and
5. Delegate only as permitted by La. Rev. Stat. § 9:2087.

3.5.6 Fiduciary Standards

The Trustee shall administer the Trust solely in the interests of the beneficiaries and impartially when two or more beneficiaries have interests, as required by La. Rev. Stat. § 9:2082. The Trustee shall use the reasonable care and skill required by § 9:2090 and shall invest and manage as a prudent investor under § 9:2127.

3.5.7 Distribution Rules

a. Income Distribution: All net income, at least quarterly, to my Spouse.
b. Principal Invasion: Trustee may distribute principal for my Spouse’s health, education, maintenance, or support (the “HEMS” standard).
c. Termination Event: Upon the death of my Spouse or his/her earlier written disclaimer, the Trust shall continue for my Children until the youngest Child attains age [AGE, e.g., 30].
d. Maximum Term Savings Clause: Notwithstanding any age-based continuation, the Trust shall terminate no later than the applicable maximum term under La. Rev. Stat. § 9:1831.

3.5.8 Forced Heirship Compliance

No provision is intended to deprive a Forced Heir of the legitime protected by La. Civ. Code arts. 1493–1494. The disposable portion and any required reduction shall be determined under La. Civ. Code art. 1505 and related law. Any legitime placed in trust must satisfy La. Rev. Stat. § 9:1841 and all other applicable legitime-in-trust provisions; conflicting terms shall be limited or reformed only to the extent necessary to comply with mandatory law.

3.5.9 Spendthrift & Creditor Protection

To the maximum extent permitted by La. Rev. Stat. § 9:2002 and its statutory limitations, no beneficiary may voluntarily or involuntarily alienate, assign, or encumber an interest before actual distribution.

4. TESTATOR DECLARATIONS

4.1 Capacity and Voluntariness: I understand generally the nature and consequences of these dispositions and execute this Testament voluntarily.

4.2 Property: This Testament transfers only my interest in property and remains subject to valid liens, ownership rights, community-property rights, and mandatory Louisiana succession law.

4.3 Family Data: The family information in Section 3.2 is true and complete to the best of my knowledge.

5. COVENANTS & RESTRICTIONS (FIDUCIARY STANDARDS)

5.1 Executor Covenants
a. Seek qualification and letters of independent executorship.
b. Exercise the rights and duties of an independent succession representative under La. Code Civ. Proc. art. 3396.15.
c. Maintain succession records and provide accountings when required by law or court order.

5.2 Trustee Covenants
a. Maintain separate trust accounts and records.
b. Render the annual and final accounts required by La. Rev. Stat. § 9:2088.
c. Invest and manage under La. Rev. Stat. § 9:2127 unless this Testament lawfully provides otherwise.

6. DEFAULT & REMEDIES

6.1 Events of Default
a. Breach of fiduciary duty;
b. Insolvency or incapacity of Executor/Trustee;
c. Failure to render required accountings.

6.2 Removal
A Trustee may be removed under the terms of this Testament or by the proper court for sufficient cause under La. Rev. Stat. § 9:1789. Nothing in this Testament creates a mandatory cure period before a person with standing seeks relief.

6.3 Remedies
a. Removal and appointment of Successor;
b. Surcharge for losses caused by breach;
c. An injunction against a breach of trust under La. Rev. Stat. § 9:2221;
d. Other relief authorized by Louisiana law.

7. RISK ALLOCATION

7.1 Trustee Indemnification

The Trustee is entitled to indemnity from the Trust estate for expenses properly incurred in administration, subject to La. Rev. Stat. § 9:2191 and the terms of this Testament. This provision does not indemnify a breach of trust.

7.2 Trustee Liability

Trustee liability is governed by La. Rev. Stat. §§ 9:2201–2205. Nothing in this Testament limits liability for a breach of trust or prevents charging a Trustee with the losses or profits specified by § 9:2201.

7.3 Insurance & Bond Waiver

a. The Trustee may purchase fiduciary liability insurance at Trust expense.
b. An individual Trustee's security is dispensed with under La. Rev. Stat. § 9:2171. A court retains the authority provided by law concerning the amount and type of security.
c. The Trustee is entitled to reasonable compensation unless otherwise stated, as provided by La. Rev. Stat. § 9:2181.

8. DISPUTE RESOLUTION

8.1 Governing Law: Louisiana substantive law without reference to conflict-of-law rules.

8.2 Proper Court: Succession proceedings shall be brought in the district court determined by La. Code Civ. Proc. art. 2811. Trust proceedings shall be brought in a proper district court under La. Rev. Stat. § 9:2235.

8.3 Arbitration: This Testament does not require arbitration.

8.4 Jury Trial: No jury right is waived. La. Code Civ. Proc. art. 1732(4) bars a jury in a probate proceeding; jury availability in any separate civil action is governed by the nature of that action and applicable law.

8.5 Equitable Relief: A beneficiary may seek the remedies listed in La. Rev. Stat. § 9:2221, subject to the jurisdiction and procedures of the proper court.

9. GENERAL PROVISIONS

9.1 Digital Assets Authorization
I authorize my Executor, to the extent lawful and permitted by applicable federal law and enforceable service agreements, to identify, preserve, manage, transfer, or dispose of my digital assets. This is a testamentary grant of authority only; it does not require a custodian to disclose content or authorize circumvention of security controls.

9.2 Survival
For dispositions under this Testament, a beneficiary who does not survive me by seventy-two (72) hours shall be deemed to have predeceased me.

9.3 Severability
If any provision is held invalid, the remaining provisions shall remain in full force.

9.4 Entire Testament
This document constitutes my entire testamentary disposition.

9.5 Headings
Section headings are for convenience only and do not affect interpretation.

9.6 Execution Medium
This Testament shall be executed as one written instrument using ink signatures. Do not rely on Louisiana's Uniform Electronic Transactions Act: La. Rev. Stat. § 9:2603(B)(1) excludes transactions governed by laws concerning the creation and execution of wills, codicils, and testamentary trusts.

10. EXECUTION BLOCK

Execution instruction: The Testator, both witnesses, and the Notary must sign in compliance with La. Civ. Code art. 1576. Under La. Civ. Code art. 1581, a witness cannot be insane, blind, under sixteen, or unable to sign the witness's name. For the no-proof procedure in La. Code Civ. Proc. art. 2887(A), the Testator must sign each separate page at execution, and the declaration below must be signed by the Notary and both witnesses.

I, [TESTATOR NAME], declare that this instrument consisting of [NUMBER] pages is my Last Will and Testament.

Executed in [CITY], [PARISH] Parish, Louisiana, on [DATE], before the undersigned Notary Public and in the presence of the two undersigned competent witnesses.

Testator signature: ___________________________________

Printed name: [TESTATOR NAME]

Declaration under La. Code Civ. Proc. art. 2887(A)(1)(a):

In our presence the Testator has declared or signified that this instrument is the Testator's testament and has signed each separate page.

WITNESSES:

Witness 1 signature: ___________________________________

Printed name: [WITNESS 1 NAME]

Address: [WITNESS 1 ADDRESS]

Witness 2 signature: ___________________________________

Printed name: [WITNESS 2 NAME]

Address: [WITNESS 2 ADDRESS]

NOTARY PUBLIC:

Notary signature: ___________________________________

Printed name: [NOTARY NAME]

Notary I.D. or Bar Roll No.: [NUMBER]

[Seal]

END OF DOCUMENT