COMPLEX WILL WITH TESTAMENTARY TRUST
(Michigan – EPIC/Trust Code Compliant)
[// GUIDANCE: This template is intentionally comprehensive. Delete any sections that are unnecessary for the individual client and revise bracketed placeholders before execution.]
TABLE OF CONTENTS
- Article I – Identification, Revocation & Governing Law
- Article II – Family Information & Survivorship
- Article III – Appointment of Personal Representative & Fiduciaries
- Article IV – Payment of Debts, Taxes & Expenses
- Article V – Specific Bequests
- Article VI – Residuary Estate & Testamentary Trust Creation
- Article VII – Testamentary Trust Administration
- Article VIII – Trustee Powers, Standards & Indemnification
- Article IX – Administrative & Miscellaneous Provisions
- Article X – No-Contest & Dispute Resolution
- Article XI – Severability & Construction
- Article XII – Signatures, Attestation & Self-Proving Affidavit
ARTICLE I
IDENTIFICATION, REVOCATION & GOVERNING LAW
1.1 Name of Testator. I, [NAME], also known as [Other Legal Names, if any], presently domiciled at [Street Address, City, County], Michigan, declare this to be my Last Will and Testament (“Will”).
1.2 Revocation. I hereby revoke all prior wills and codicils.
1.3 Governing Law. This Will and any testamentary trust created herein (collectively, the “Instrument”) shall be construed, regulated and enforced in accordance with the laws of the State of Michigan, including but not limited to the Estates and Protected Individuals Code and the Michigan Trust Code, as each may be amended. Venue for probate and trust administration shall lie exclusively in the appropriate [COUNTY] Probate Court, Michigan.
ARTICLE II
FAMILY INFORMATION & SURVIVORSHIP
2.1 Family.
(a) Spouse: [NAME OF SPOUSE] (“Spouse”).
(b) Children: [NAME], born [DOB]; [NAME], born [DOB] (individually, “Child” and collectively, “Children”).
2.2 Survivorship Requirement. Any beneficiary who fails to survive me by [30] days shall be deemed to have predeceased me for all purposes of this Instrument.
[// GUIDANCE: The 30-day period surpasses the 120-hour minimum under EPIC; adjust as desired.]
ARTICLE III
APPOINTMENT OF PERSONAL REPRESENTATIVE & FIDUCIARIES
3.1 Personal Representative (“PR”). I nominate [PRIMARY PR NAME & ADDRESS] as Personal Representative of my estate. If he or she is unable or unwilling to serve, then I nominate [SUCCESSOR PR].
3.2 Guardian/Conservator of Minor Children. I nominate [PRIMARY GUARDIAN] as Guardian and Conservator of the person and estate of any minor Child. Successor: [ALTERNATE].
3.3 Trustee of Testamentary Trust. The individual(s) or institution(s) named in Article VI shall serve as Trustee in accordance with the terms herein.
3.4 Bond. No fiduciary shall be required to furnish bond or other security.
ARTICLE IV
PAYMENT OF DEBTS, TAXES & EXPENSES
4.1 Expenses & Debts. My PR shall pay all enforceable debts, funeral expenses, administration costs, and legally imposed taxes collectible by reason of my death from my residuary estate, except as otherwise directed herein.
4.2 Apportionment of Taxes. Any estate, inheritance or similar death taxes shall be paid [WITHIN/OUTSIDE] the residue, allocated proportionately among all beneficiaries whose interests generate such taxes, except to the extent a tax-qualified marital or charitable deduction would be disallowed thereby.
ARTICLE V
SPECIFIC BEQUESTS
5.1 Tangible Personal Property Memorandum. I may leave a written, dated and signed memorandum disposing of tangible personal property, which shall be incorporated by reference pursuant to Michigan law.
5.2 Specific Gifts.
(a) [Dollar Amount or Item] to [Beneficiary Name & Relationship].
(b) Add additional subparagraphs as needed.
Any lapsed specific gift shall pass to the residuary estate unless otherwise provided herein.
ARTICLE VI
RESIDUARY ESTATE & TESTAMENTARY TRUST CREATION
6.1 Pour-Over to Trust. All residue of my probate estate (“Residuary Estate”) shall be distributed to the Trustee, IN TRUST, to be administered as the [“FAMILY TRUST”] (the “Trust”) under Articles VII and VIII.
6.2 Trustee Designation.
(a) Initial Trustee: [PRIMARY TRUSTEE NAME & ADDRESS].
(b) First Successor: [SUCCESSOR TRUSTEE].
(c) Second Successor: [CORPORATE TRUSTEE], a national banking association with trust powers.
[// GUIDANCE: Substitute corporate trustees if professional management or continuity is desired.]
ARTICLE VII
TESTAMENTARY TRUST ADMINISTRATION
7.1 Separate Share Accounting. The Trustee shall hold the Trust in separate shares for each Child surviving me and one collective share for the descendants of any deceased Child by representation.
7.2 Mandatory & Discretionary Distributions.
(a) Health, Education, Maintenance & Support (“HEMS”). During the lifetime of any beneficiary, the Trustee may distribute so much of the net income and principal as the Trustee, in its discretion, deems advisable for the beneficiary’s HEMS.
(b) Age-Staggered Principal. Unless sooner distributed, each Child shall receive:
i. One-third (⅓) of his or her share at age [25];
ii. One-half (½) of the remaining share at age [30];
iii. The balance at age [35].
[// GUIDANCE: Modify ages and percentages to reflect client intent.]
7.3 Termination. A beneficiary’s separate share shall terminate upon full distribution, at which time the Trustee shall deliver all remaining trust property outright, free of trust.
7.4 Spendthrift Protection. All Trust interests are held subject to a spendthrift provision to the maximum extent permitted by Michigan law and are not subject to voluntary or involuntary alienation.
7.5 Accumulated Income. Any undistributed net income shall be added to principal annually.
ARTICLE VIII
TRUSTEE POWERS, STANDARDS & INDEMNIFICATION
8.1 Fiduciary Standard. Each Trustee shall act as a prudent investor, exercising reasonable care, skill and caution.
8.2 Enumerated Powers. Without limitation and in addition to powers granted by law, the Trustee may:
(a) Invest and reinvest in any kind of property or investment;
(b) Retain assets, including closely-held business interests, regardless of diversification;
(c) Sell, exchange, lease or mortgage trust property on terms deemed advisable;
(d) Employ and compensate agents, attorneys, accountants and investment advisors;
(e) Exercise shareholder or member rights, including voting and reorganization decisions;
(f) Distribute in cash or in kind, pro rata or disproportionately;
(g) Merge, divide or decant the Trust to another trust with terms consistent with the beneficiary protections herein; and
(h) Perform all other acts a prudent fiduciary could perform for the proper management of the Trust.
8.3 Indemnification & Exculpation. Except for acts of willful misconduct or gross negligence, the Trustee shall be indemnified from the Trust Assets for any liability arising out of administration of the Trust. The Trustee shall not be liable for any loss to the extent such loss is attributable to reasonable reliance on professional advice or valuations.
8.4 Limitation of Liability. All claims against the Trustee shall be strictly limited to the assets of the Trust; no personal liability shall attach.
8.5 Trustee Compensation. A corporate Trustee shall receive compensation in accordance with its published fee schedule in effect at the time services are rendered; an individual Trustee shall receive reasonable compensation commensurate with services performed.
8.6 Trustee Resignation & Removal.
(a) A Trustee may resign by written notice to the next Trustee in succession and the adult income beneficiaries.
(b) A majority of the adult beneficiaries may remove a Trustee, with or without cause, upon ninety (90) days’ written notice, and appoint a qualified successor.
ARTICLE IX
ADMINISTRATIVE & MISCELLANEOUS PROVISIONS
9.1 Digital Assets. My PR and Trustee shall have the power to access, manage, archive, delete or transfer my digital assets and digital accounts in accordance with applicable law.
9.2 Alternate Payee Clause. If any beneficiary is under a legal disability, the PR or Trustee may distribute to a guardian, conservator, UTMA custodian, 529 plan, special needs trust or similar fiduciary arrangement for the beneficiary’s benefit.
9.3 Survivorship of Issue. A posthumous child conceived before but born within 285 days after my death shall be deemed to have survived me.
9.4 Small Trust Termination. If at any time the fair market value of a beneficiary’s separate share is [<$100,000], the Trustee may terminate such share and distribute it outright to the beneficiary.
ARTICLE X
NO-CONTEST & DISPUTE RESOLUTION
10.1 In Terrorem Clause. Should any person directly or indirectly contest or attack the validity of this Instrument (other than seeking construction in good faith), any share or interest given to such person is hereby revoked and shall fall into the Residuary Estate to be distributed as if such person had predeceased me.
10.2 Forum Selection; Jury Waiver. All matters relating to the probate of this Will or administration of the Trust shall be heard exclusively in the [COUNTY] Probate Court, Michigan, sitting without a jury.
10.3 Injunctive Relief. The Probate Court shall have authority to issue equitable and injunctive relief to enforce the Trust, including removal of a breaching fiduciary or freezing of Trust assets.
[// GUIDANCE: Arbitration is deliberately omitted; Michigan probate courts retain exclusive subject-matter jurisdiction.]
ARTICLE XI
SEVERABILITY & CONSTRUCTION
11.1 Savings Clause. If any provision of this Instrument is adjudicated invalid or unenforceable, the remaining provisions shall remain fully operative.
11.2 Gender & Number. Words of one gender include all genders; words in the singular include the plural and vice versa, unless the context clearly dictates otherwise.
11.3 Headings. Headings and titles are for reference only and do not affect substantive meaning.
ARTICLE XII
SIGNATURES, ATTESTATION & SELF-PROVING AFFIDAVIT
12.1 Execution. I, [TESTATOR NAME], sign my name to this Will on this ___ day of __, 20, at ____, Michigan, in the presence of the undersigned witnesses, and declare that I sign voluntarily and intend this to be my Last Will and Testament.
__________
[Testator Signature]
[Printed Name]
Witness Attestation
We, the undersigned witnesses, declare that on the date above written the Testator voluntarily signed this Will in our presence, that we in the Testator’s presence and at the Testator’s request sign our names as witnesses, and that to the best of our knowledge the Testator is of legal age, of sound mind, and under no undue influence.
-
__________
Signature of Witness
Name: ____
Address: ________ -
__________
Signature of Witness
Name: ____
Address: ________
[// GUIDANCE: Michigan requires two witnesses. Although notarization is not required for validity, the following self-proving affidavit is strongly recommended to avoid live testimony of witnesses during probate.]
Self-Proving Affidavit
State of Michigan )
County of ____ ) ss.
On this ___ day of __, 20, before me, the undersigned Notary Public, personally appeared [TESTATOR NAME], and [WITNESS 1 NAME] and [WITNESS 2 NAME], all personally known to me or satisfactorily proven to be the persons whose names are subscribed to the foregoing instrument, who, being duly sworn, did each, for himself/herself, declare that the Testator executed the instrument as his/her Last Will and Testament, that the Testator willingly signed or directed another to sign for him/her, and that each witness, in the presence and at the request of the Testator, signed the Will as a witness.
__________
Notary Public, State of Michigan
My Commission Expires: ____
End of Document