LAST WILL AND TESTAMENT

of [TESTATOR FULL LEGAL NAME]

Effective Date: [EFFECTIVE DATE]
State of Maryland

[// GUIDANCE: This template is a Maryland-specific complex will that creates a testamentary trust. All bracketed items must be customized. Remove guidance comments before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Revocation of Prior Instruments
   3.2 Appointment of Personal Representative
   3.3 Payment of Debts, Expenses & Taxes
   3.4 Specific Bequests
   3.5 Residuary Estate & Creation of Testamentary Trust
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Self-Proving Affidavit (Optional)

1. DOCUMENT HEADER

1.1 Parties

This Last Will and Testament (“Will”) is made by [TESTATOR FULL LEGAL NAME], residing at [ADDRESS] (“Testator”).

1.2 Recitals

A. Testator is of legal age and sound mind.
B. Testator desires to dispose of Testator’s estate and establish a testamentary trust in accordance with Maryland law.

1.3 Governing Law & Venue

This Will is governed by the laws of the State of Maryland. Primary venue for probate and any trust-related proceeding shall be the [NAME OF COUNTY] Orphans’ Court (the “Probate Court”).

2. DEFINITIONS

For purposes of this Will, the following terms have the meanings set forth below (alphabetically).

“Beneficiaries” – Those persons or entities entitled to distributions under Section 3.
“Code” – The Internal Revenue Code of 1986, as amended.
“Estate” – All property passing under this Will, wherever situated.
“Personal Representative” – The fiduciary appointed under Section 3.2.
“Qualified Individual” – An individual who is (i) at least 18 years old, (ii) not adjudicated incapacitated, and (iii) otherwise eligible to serve under Md. Code Ann., Est. & Trusts.
“Residuary Estate” – All property not otherwise effectively disposed of by Sections 3.3 and 3.4.
“Testamentary Trust” or “Trust” – The trust established under Section 3.5.
“Trustee” – The fiduciary serving from time to time under Section 3.5.
[Add additional definitions as needed.]

3. OPERATIVE PROVISIONS

3.1 Revocation of Prior Instruments

I hereby revoke all prior wills and codicils.

3.2 Appointment of Personal Representative

a. I appoint [PRIMARY PR NAME] as Personal Representative.
b. Alternate: [ALTERNATE PR NAME].
c. Bond. No bond shall be required of any Personal Representative unless mandated by the Probate Court.

3.3 Payment of Debts, Expenses & Taxes

a. Debts & Expenses. My Personal Representative shall pay all enforceable debts, funeral expenses, and estate administration costs.
b. Taxes. All estate and inheritance taxes attributable to property passing under this Will shall be paid from the Residuary Estate, unless any non-probate arrangement provides otherwise.

3.4 Specific Bequests

I bequeath the following:
1. [DESCRIPTION OF ITEM] to [BENEFICIARY].
2. [$ AMOUNT OR %] to [CHARITY OR PERSON].
[Add additional items as needed.]

3.5 Residuary Estate & Creation of Testamentary Trust

a. Pour-Over. I give the entire Residuary Estate to the Trustee, IN TRUST, to hold, manage, invest, and distribute according to this Section.
b. Name. The trust shall be known as the “[FAMILY] Testamentary Trust”.
c. Trustees.
i. Primary Trustee: [PRIMARY TRUSTEE NAME].
ii. Successor Trustee: [SUCCESSOR TRUSTEE NAME].
d. Beneficiaries. The Beneficiaries are [LIST OF BENEFICIARIES] and their issue, per stirpes.
e. Distribution Standards.
i. Income. The Trustee shall distribute net income at least annually for the health, education, maintenance, and support (“HEMS”) of the Beneficiaries.
ii. Principal. The Trustee may distribute principal for HEMS, considering other resources reasonably available to a Beneficiary.
f. Termination. The Trust shall terminate on the earlier of:
1. The youngest Beneficiary reaching age [AGE]; or
2. Twenty-one (21) years after the death of the last surviving Beneficiary living at my death, in compliance with the Rule Against Perpetuities.
Upon termination, remaining assets shall be distributed outright to the then-living Beneficiaries, per stirpes.
g. Spendthrift. Trust interests are not transferable and are immune from Beneficiaries’ creditors to the maximum extent permitted by law.
h. Fiduciary Powers. The Trustee shall have all powers under Md. Code Ann., Est. & Trusts Title 14.5 and the Maryland Prudent Investor Rule, including to invest, reinvest, lease, sell, exchange, and otherwise manage Trust assets.
i. Accounting. The Trustee shall provide annual written accounts to all adult current Beneficiaries and the Personal Representative until estate closure.

4. REPRESENTATIONS & WARRANTIES

4.1 Testator Representation. I represent that I am not under undue influence and have full testamentary capacity.

4.2 Fiduciary Eligibility. Each fiduciary named herein represents that he or she is a Qualified Individual and, if a corporate fiduciary, is authorized to do trust business in Maryland.

5. COVENANTS & RESTRICTIONS

5.1 Fiduciary Standards. All fiduciaries shall (i) act in good faith, (ii) exercise ordinary prudence, and (iii) comply with Title 14.5 of the Maryland Trust Act.

5.2 Notice Obligations.
a. The Personal Representative must furnish notice of appointment to interested persons as required by Probate Court rules.
b. The Trustee shall notify adult current Beneficiaries of any resignation, removal, or limitation of Trust powers within 30 days.

6. DEFAULT & REMEDIES

6.1 Events of Default. A fiduciary is in default if he or she:
a. Fails to comply with required accountings after written demand;
b. Commits gross negligence, willful misconduct, or fraud; or
c. Becomes incapacitated or unqualified under Maryland law.

6.2 Remedies. Upon default, an interested party may petition the Probate Court to:
a. Compel an accounting;
b. Surcharge the fiduciary (limited per Section 7.2);
c. Remove and replace the fiduciary; or
d. Obtain injunctive relief to protect Trust assets.

[// GUIDANCE: Maryland prohibits exculpation for bad faith or reckless indifference. Do not over-limit remedies.]

7. RISK ALLOCATION

7.1 Trustee Indemnification

The Trustee is indemnified from the Trust assets against all claims, liabilities, and expenses (including reasonable attorneys’ fees) arising from the proper performance of fiduciary duties, except to the extent resulting from the Trustee’s bad faith, reckless indifference, or willful misconduct.

7.2 Limitation of Liability

Any liability of a fiduciary shall be satisfied solely out of the assets of the Estate or Trust, as applicable. No personal liability shall attach, except for acts of bad faith, reckless indifference, or willful misconduct.

7.3 Insurance

The Trustee may procure fiduciary liability insurance and pay premiums from Trust income or principal.

7.4 Force Majeure

No fiduciary shall be liable for failure to act caused by events beyond the fiduciary’s reasonable control, including natural disasters, war, or changes in applicable law that materially affect administration.

8. DISPUTE RESOLUTION

8.1 Governing Law. Maryland law exclusively governs the interpretation and enforcement of this Will and the Trust.

8.2 Forum Selection. Exclusive jurisdiction lies with the appropriate Maryland Orphans’ Court and, for Trust matters post-probate, the Circuit Court sitting in equity.

8.3 Arbitration. No arbitration provision applies; statutory court jurisdiction is mandatory.

8.4 Jury Waiver. Consistent with probate practice, all parties waive the right to a jury trial in any proceeding relating to this Will or Trust.

8.5 Injunctive Relief. Courts may grant temporary, preliminary, or permanent injunctive relief to enforce fiduciary duties and preserve Trust assets.

9. GENERAL PROVISIONS

9.1 Amendment & Revocation. I may amend or revoke this Will only by a later-executed writing that meets the formalities of Md. Code Ann., Est. & Trusts § 4-102.

9.2 Assignment. Beneficial interests are non-assignable except as expressly authorized herein.

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

9.4 Integration. This document constitutes my entire Will.

9.5 Headings. Headings are for reference only and do not affect interpretation.

9.6 Digital Assets. My fiduciaries may access, manage, and dispose of my digital assets consistent with the Maryland Fiduciary Access to Digital Assets Act.

9.7 Counterparts & Electronic Signatures. Counterparts and “wet-ink” originals are permitted. Electronic signatures are not permitted for Will execution under current Maryland law.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], set my hand, this _ day of _____, 20__.

[TESTATOR SIGNATURE]
[TESTATOR PRINTED NAME]

ATTESTATION CLAUSE

The foregoing instrument was, on the date hereof, signed by [TESTATOR NAME], who declared it to be Testator’s Last Will and Testament, and we, at Testator’s request and in Testator’s presence and in the presence of each other, have hereunto subscribed our names as witnesses.

[// GUIDANCE: Maryland requires two credible witnesses in the Testator’s simultaneous presence. See Md. Code Ann., Est. & Trusts § 4-102.]

11. SELF-PROVING AFFIDAVIT (OPTIONAL)

State of Maryland
County of __

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], and the witnesses, [WITNESS 1 NAME] and [WITNESS 2 NAME], all personally known to me, and, being duly sworn, did each, for himself/herself, declare to me that the Testator signed the foregoing Will in the presence of the witnesses; that the witnesses, in the presence of the Testator and in the presence of each other, signed the Will as witnesses; and that, to the best of the witnesses’ knowledge, the Testator was at least eighteen (18) years of age, of sound mind, and under no constraint or undue influence.

Notary Public

My Commission Expires: _____

[// GUIDANCE: Attach separate schedules (e.g., list of tangible personal property) if desired. Ensure consistency between schedules and Section 3.4.]