Complex Will with Trust - Missouri

LAST WILL AND TESTAMENT

and

TESTAMENTARY TRUST

of

[TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

I. Declaration and Identification
II. Definitions
III. Revocation and Family Information
IV. Debts, Expenses, and Taxes
V. Specific Bequests
VI. Residuary Estate and Testamentary Trust
VII. Trust Administration
VIII. Personal Representative and Guardian
IX. No-Contest Provision
X. Governing Law, Forum, and Remedies
XI. General Provisions
XII. Execution and Attestation
XIII. Self-Proving Certificate

I. DECLARATION AND IDENTIFICATION

I, [TESTATOR FULL LEGAL NAME], residing at [ADDRESS, COUNTY, MISSOURI], being of sound mind and at least eighteen years of age or otherwise qualified under Mo. Rev. Stat. § 474.310, declare this instrument to be my Last Will and Testament (the “Will”). This form is configured for execution as a traditional written will under Mo. Rev. Stat. § 474.320.

II. DEFINITIONS

1. Children means my children identified below and any child later born to or legally adopted by me, unless this Will expressly provides otherwise.
2. Descendants means lineal descendants by blood or legal adoption.
3. Personal Representative means the executor or administrator serving for my estate.
4. Trust means the testamentary trust created under Article VI.
5. Trustee includes each successor or co-trustee then serving.
6. By representation means the distribution method selected and completed by Missouri counsel here: [DESCRIBE DISTRIBUTION METHOD].

III. REVOCATION AND FAMILY INFORMATION

A. Revocation

I revoke all prior wills and codicils made by me.

B. Family Information

1. Marital status: [MARRIED / SINGLE / WIDOWED / DIVORCED].
2. Spouse: [SPOUSE FULL LEGAL NAME].
3. Children: [LIST FULL NAMES AND BIRTHDATES].
4. Other descendants or dependents to be addressed: [LIST OR NONE].

IV. DEBTS, EXPENSES, AND TAXES

My Personal Representative shall pay enforceable debts, funeral expenses, administration expenses, and taxes from the sources and in the order required by applicable law and the completed direction below.

Tax-apportionment and source-of-payment direction to be completed by Missouri counsel: [________________________________].

V. SPECIFIC BEQUESTS

A. Tangible Personal Property List

I may dispose of eligible tangible personal property through a separate written statement or list referred to by this Will. To qualify under Mo. Rev. Stat. § 474.333, the writing must be in my handwriting or signed by me, must be dated, and must describe the items and devisees with reasonable certainty. It may not dispose of money, evidences of indebtedness, documents of title, securities, or property used in trade or business.

Property not effectively disposed of by a qualifying list passes as follows: [DISPOSITION].

B. Specific Gifts

1. I give [DESCRIPTION OR AMOUNT] to [BENEFICIARY], if the beneficiary survives me as required by Article XI.
2. I give [DESCRIPTION OR AMOUNT] to [BENEFICIARY], if the beneficiary survives me as required by Article XI.
3. [ADD GIFTS AS NEEDED].

If a beneficiary of a specific gift fails to survive me as required, the gift passes under the residuary provisions unless Mo. Rev. Stat. § 474.460 or another mandatory rule produces a different result. Section 474.460 applies to a predeceased child, grandchild, or other relative who leaves lineal descendants surviving the testator by 120 hours.

VI. RESIDUARY ESTATE AND TESTAMENTARY TRUST

A. Residuary Gift in Trust

I devise all the rest, residue, and remainder of my probate estate to the Trustee, IN TRUST, to be held, administered, and distributed under this Will as the “[TESTATOR NAME] Family Trust.”

B. Beneficiaries and Distributions

1. Primary beneficiary: [NAME, e.g., SPOUSE].
2. Secondary beneficiaries: [NAMES OR CLASS].
3. During the Primary Beneficiary's lifetime, the Trustee shall distribute net income [AT LEAST ANNUALLY / OTHER DIRECTION] and may distribute principal for [HEALTH, EDUCATION, MAINTENANCE, AND SUPPORT / OTHER STANDARD].
4. At the Primary Beneficiary's death, the Trustee shall divide the remaining Trust property into shares for [BENEFICIARIES], by [REPRESENTATION / OTHER METHOD].
5. Each beneficiary's share shall be distributed as follows:
   - [FRACTION] at age [AGE];
   - [FRACTION] of the remaining balance at age [AGE]; and
   - the remaining balance at age [AGE].
6. Until final distribution, the Trustee may distribute income and principal under this standard: [DISTRIBUTION STANDARD].

C. Spendthrift Provision

Each beneficiary's interest is held subject to a spendthrift trust. Voluntary and involuntary transfer is restrained before receipt to the extent permitted by Mo. Rev. Stat. § 456.5-502 and other applicable creditor-rights rules.

VII. TRUST ADMINISTRATION

A. Trustees and Successors

1. Initial Trustee: [NAME].
2. First Successor Trustee: [NAME].
3. If no named Trustee serves, a vacancy shall be filled under Mo. Rev. Stat. § 456.7-704. That section permits a majority in number of the qualified beneficiaries to appoint a successor only at the vacancy-filling stage specified by the statute.
4. I request that no Trustee be required to furnish bond, subject to mandatory law and court order.
5. A settlor, co-trustee, or qualified beneficiary may request judicial removal, and the court may remove and replace a Trustee in its discretion under Mo. Rev. Stat. § 456.7-706. This Will does not create nonjudicial removal authority by merely citing that statute.

B. Duties and Standard of Administration

The Trustee shall administer the Trust in good faith according to its terms, purposes, beneficiary interests, and applicable law. The Trustee shall act solely in beneficiary interests and exercise reasonable care, skill, and caution as required by Mo. Rev. Stat. §§ 456.8-801, 456.8-802, and 456.8-804.

C. Trustee Powers

Subject to fiduciary duties, this Will, and any court order, the Trustee may exercise the general and specific powers in Mo. Rev. Stat. §§ 456.8-815 and 456.8-816, including authority to:

1. Acquire, retain, sell, exchange, partition, lease, improve, mortgage, or pledge Trust property;
2. Continue or change a business interest;
3. Borrow money and make loans on fair and reasonable terms;
4. Pay taxes, claims, compensation, and proper administration expenses;
5. Employ and compensate attorneys, accountants, investment advisers, and other agents;
6. Settle, mediate, arbitrate, prosecute, or defend claims within the Trustee's statutory authority;
7. Make tax elections and divide or distribute property in cash or in kind; and
8. Wind up and distribute the Trust upon termination.

The Trustee may delegate functions only in accordance with Mo. Rev. Stat. § 456.8-807. Investments are governed by the Missouri Prudent Investor Act, Mo. Rev. Stat. §§ 469.900-469.913, including its diversification rule, and receipts and disbursements are allocated under Mo. Rev. Stat. §§ 469.401-469.467 unless this Will validly provides otherwise.

D. Reports, Records, and Compensation

1. The Trustee shall keep adequate records and keep Trust property separate from the Trustee's own property as required by Mo. Rev. Stat. § 456.8-810.
2. The Trustee shall send the annual and termination reports required by Mo. Rev. Stat. § 456.8-813 to permissible distributees and to other beneficiaries who request them. A beneficiary may waive that beneficiary's own right and later withdraw the waiver; this Will does not treat a waiver by “all qualified beneficiaries” as the sole statutory mechanism.
3. The Trustee is entitled to compensation that is reasonable under the circumstances under Mo. Rev. Stat. § 456.7-708.

E. Fiduciary Liability and Remedies

1. The Trustee may pay proper administration expenses from the Trust. This is not a blanket indemnity for breach of trust.
2. Contract, tort, and property-related personal liability is governed by Mo. Rev. Stat. § 456.10-1010. Nothing in this Will caps liability for breach of trust at the value of Trust property.
3. Any exculpatory term is subject to Mo. Rev. Stat. § 456.10-1008 and cannot relieve a Trustee for a breach committed in bad faith or with reckless indifference, or when the term resulted from the abuse described by that section.
4. The remedies for breach of trust remain those authorized by Mo. Rev. Stat. § 456.10-1001. Fee and cost awards in a trust proceeding remain governed by Mo. Rev. Stat. § 456.10-1004.

F. Judicial Supervision

The Trust is not subject to continuing judicial supervision unless ordered by the court, as provided by Mo. Rev. Stat. § 456.2-201.

VIII. PERSONAL REPRESENTATIVE AND GUARDIAN

A. Personal Representative

1. I nominate [PRIMARY NAME] as Personal Representative and [ALTERNATE NAME] as successor.
2. I direct that my estate be administered independently under Mo. Rev. Stat. § 473.780, except as this Will or mandatory law provides otherwise.
3. Acting reasonably for interested persons, an independent Personal Representative may exercise the powers in Mo. Rev. Stat. § 473.810, except as restricted by this Will or law.
4. I request that the Personal Representative serve without bond, subject to mandatory law and court order.

B. Guardian Nomination

If a guardian is needed for a minor child, I nominate [PRIMARY GUARDIAN] and [ALTERNATE GUARDIAN] as alternate. The nomination remains subject to the appointing court's authority and applicable law.

IX. NO-CONTEST PROVISION

To the extent enforceable under applicable law and public policy, a beneficiary who directly contests the validity of this Will or the Trust shall forfeit that beneficiary's gift and be treated as having predeceased me. This clause does not itself determine whether forfeiture is enforceable in a particular factual setting.

Before pursuing a claim, an interested person may petition for the advance determination authorized by Mo. Rev. Stat. § 474.395. For an irrevocable trust, Mo. Rev. Stat. § 456.4-420 supplies the procedure and identifies proceedings in which a trust no-contest clause is not enforceable, including specified accounting, jurisdiction, venue, guardianship, disclosure, settlement, and advance-determination matters. Missouri counsel shall tailor the challenged-conduct definition and substitute disposition before execution.

X. GOVERNING LAW, FORUM, AND REMEDIES

1. Missouri law governs this Will and the Trust except where another jurisdiction's mandatory law controls particular property or administration.
2. This Will does not impose an exclusive forum beyond applicable jurisdiction and venue rules. Jurisdiction and venue for Trust proceedings are governed by Mo. Rev. Stat. §§ 456.2-202 and 456.2-204.
3. This Will does not require arbitration and does not waive any jury-trial right available under applicable law. The Trustee may use mediation, arbitration, or another alternative procedure within the authority granted by Mo. Rev. Stat. § 456.8-816(23), subject to fiduciary duties, court jurisdiction, and enforceability.
4. A court may grant the remedies authorized by Mo. Rev. Stat. § 456.10-1001, including orders compelling performance or an accounting, injunctions, redress of a breach, appointment of a special fiduciary, suspension or removal, and other appropriate relief.

XI. GENERAL PROVISIONS

A. Survivorship

Unless this Will expressly provides otherwise, a beneficiary must survive me by [30] days to take under this Will. A beneficiary who does not satisfy that requirement is treated as having predeceased me, subject to any mandatory rule.

B. Digital Assets

Subject to any controlling online-tool direction, terms-of-service agreement, privacy law, and other applicable law, I authorize my Personal Representative and Trustee to access, manage, copy, transfer, archive, delete, or dispose of my digital assets. I consent to disclosure of the content of electronic communications to the extent needed for administration and permitted by the Missouri Fiduciary Access to Digital Assets Act, Mo. Rev. Stat. §§ 472.400-472.490.

C. Other Terms

1. Headings are for convenience only and do not affect interpretation.
2. If a provision is invalid or unenforceable, the remaining provisions shall remain effective to the extent possible.
3. References to fiduciaries include their lawful successors.

D. Execution Method

This form's execution and self-proof provisions use the traditional written-will route in Mo. Rev. Stat. §§ 474.320 and 474.337. Missouri also recognizes qualifying electronic wills under Mo. Rev. Stat. §§ 474.540-474.564 for wills within the Act's applicability rule. If electronic or remote execution is intended, Missouri counsel must replace these execution provisions with a compliant electronic-will and electronic self-proof workflow under Mo. Rev. Stat. §§ 474.548 and 474.550.

XII. EXECUTION AND ATTESTATION

IN WITNESS WHEREOF, I sign this written instrument as my Last Will and Testament on this ___ day of __________, 20___, at [CITY], Missouri.

_________________________________
[TESTATOR FULL LEGAL NAME], Testator

We, the undersigned competent witnesses, attest that the Testator signed this Will, or directed another person to sign it in the Testator's presence, and declared it to be the Testator's Will. We subscribe our names to this Will in the Testator's presence as required by Mo. Rev. Stat. § 474.320.

XIII. SELF-PROVING CERTIFICATE

(Optional; form and content intended to follow Mo. Rev. Stat. § 474.337 substantially)

THE STATE OF MISSOURI
COUNTY OF [COUNTY]

I, the undersigned, an officer authorized to administer oaths, certify that [TESTATOR NAME], the Testator, and [WITNESS 1 NAME] and [WITNESS 2 NAME], the witnesses whose names are signed to the attached or foregoing instrument, having appeared together before me and having been first duly sworn, each then declared to me that the Testator signed and executed the instrument as the Testator's Last Will; that the Testator willingly signed or willingly directed another to sign for the Testator; that the Testator executed it as a free and voluntary act for the purposes expressed therein; that each witness, in the presence and hearing of the Testator, signed the Will as witness; and that to the best of each witness's knowledge the Testator was at that time eighteen or more years of age, of sound mind, and under no constraint or undue influence.

In witness whereof I have subscribed my name and affixed my official seal this ___ day of __________, 20___.

_________________________________
[OFFICIAL SIGNATURE]

_________________________________
[OFFICIAL CAPACITY]

(SEAL)

SOURCES AND REFERENCES

• Missouri Revisor — § 474.320, traditional written-will execution
• Missouri Revisor — § 474.333, tangible personal-property list
• Missouri Revisor — § 474.337, traditional self-proof form
• Missouri Revisor — § 474.548, electronic-will requirements
• Missouri Revisor — § 474.550, electronic-will self-proof
• Missouri Revisor — § 456.7-706, judicial trustee removal
• Missouri Revisor — § 456.8-813, duty to inform and report
• Missouri Revisor — §§ 456.8-815 and 456.8-816, trustee powers
• Missouri Revisor — § 456.10-1008, exculpation limits
• Missouri Revisor — § 473.810, independent personal-representative powers

End of Document