LAST WILL AND TESTAMENT

AND TESTAMENTARY TRUST

OF [TESTATOR’S FULL LEGAL NAME]

Effective Date: ____, 20__
Domicile: _______, Missouri (“MO”)

[// GUIDANCE: Replace bracketed placeholders with client-specific information. Review all capitalized “Defined Terms” in Article II. Cross-references auto-update if headings are unchanged.]

TABLE OF CONTENTS

I. Recitals & Revocation of Prior Wills
II. Definitions
III. Family Information & Representations
IV. Appointment of Fiduciaries
V. Payment of Debts, Expenses, and Taxes
VI. Specific Bequests
VII. Residuary Estate & Creation of Testamentary Trusts
VIII. Trust Administration Provisions
IX. Fiduciary Powers, Standards & Indemnification
X. No-Contest & Survivorship Provisions
XI. Risk Allocation, Governing Law & Dispute Resolution
XII. Miscellaneous Provisions
XIII. Execution, Attestation & Self-Proving Affidavit

ARTICLE I

RECITALS & REVOCATION OF PRIOR WILLS

1.1 Revocation. I, [Testator’s Full Legal Name] (“Testator”), being of sound mind and disposing memory, hereby revoke all prior wills and codicils.
1.2 Intent. This instrument is my Last Will and Testament (the “Will”), made pursuant to §§ 474.310–474.395, RSMo, and includes a testamentary trust governed by the Missouri Uniform Trust Code, §§ 456.1-101 et seq., RSMo (the “MO UTC”).

ARTICLE II

DEFINITIONS

For ease of reference, capitalized terms have the meanings below:

“Administration Expenses” – All costs identified in § 474.430, RSMo, including probate costs, final medical expenses, attorney fees, and trustee compensation.

“Children” – My lawful descendants, whether born or adopted before or after this Will’s execution, but excluding stepchildren unless legally adopted.

“Disinterested Trustee” – A Trustee who is not (a) a beneficiary, (b) related within the fourth degree to any beneficiary, or (c) controlled by a beneficiary.

“Personal Representative” – The executor or administrator appointed under Article IV.

“Primary Beneficiaries” – Those persons identified in Section VII.2 as primary income and principal recipients of the Family Trust.

“Residuary Estate” – All property not effectively disposed of under Articles VI and VII.

“Trust” – The Family Trust and any separate Descendants’ Trusts created under Article VII.

“Trustee” – The individual(s) or corporate fiduciary named in Article IV acting under Article VIII.

[// GUIDANCE: Add additional defined terms as needed; ensure alphabetical order.]

ARTICLE III

FAMILY INFORMATION & REPRESENTATIONS

3.1 Marital Status. I am [MARRIED/SINGLE/WIDOWED] to [Spouse’s Full Legal Name] (“Spouse”).
3.2 Children. My Children are:
a. [Child 1, DOB]
b. [Child 2, DOB]
…
3.3 No Other Issue. Except as expressly stated, I have no other children or descendants.
3.4 Representations. These statements are true to the best of my knowledge and constitute material inducements for all fiduciary acceptances herein.

ARTICLE IV

APPOINTMENT OF FIDUCIARIES

4.1 Personal Representative. I nominate [Primary PR Name], of [Address], as Personal Representative. Successor: [Alternate PR Name].
4.2 Trustee. I nominate [Primary Trustee Name] as initial Trustee; [Alternate Trustee Name] as successor. A corporate fiduciary duly authorized to act in MO may serve if all individual nominees fail.
4.3 Guardian. If a guardian for any minor child is required, I nominate [Guardian Name]; successor [Alternate Guardian Name].
4.4 Bond Waiver. No fiduciary shall be required to post bond or security unless ordered by a court for good cause.

[// GUIDANCE: Missouri courts may still demand bond where minors’ assets exceed statutory thresholds; consider § 475.100, RSMo.]

ARTICLE V

PAYMENT OF DEBTS, EXPENSES, AND TAXES

5.1 Direction to Pay. My Personal Representative shall pay all Administration Expenses from my probate estate, then from Trust assets if probate assets are insufficient.
5.2 Taxes. All estate, inheritance, and similar taxes attributable to my taxable estate shall be paid from the Residuary Estate without apportionment, unless any beneficiary disclaims or § 2207 IRC apportionment applies.

ARTICLE VI

SPECIFIC BEQUESTS

6.1 Tangible Personal Property. I devise my tangible personal property in accordance with any dated, signed, and witnessed memorandum that references this Will; if none, to my Spouse, if living, otherwise equally to my Children.
6.2 Cash & Specific Gifts.
a. $[Amount] to [Charity or Individual].
b. [Description of asset] to [Beneficiary].
6.3 Lapse Protection. If a specific beneficiary fails to survive me by thirty (30) days, the gift shall lapse into the Residuary Estate unless the anti-lapse statute (§ 474.460, RSMo) applies.

ARTICLE VII

RESIDUARY ESTATE & CREATION OF TESTAMENTARY TRUSTS

7.1 Pour-Over to Trust. I devise my Residuary Estate to the Trustee, in trust, to be known as the “[Family Name] Family Trust” (the “Family Trust”), upon the terms of Articles VII and VIII.
7.2 Beneficiaries.
a. Primary Beneficiary: my Spouse, if living.
b. Secondary Beneficiaries: upon Spouse’s death or remarriage (whichever occurs first), in equal shares to my Children, per stirpes.
7.3 Distribution During Spouse’s Lifetime. During any period in which Spouse is living and remains unmarried:
i. Mandatory Income. All net income shall be paid at least quarterly to Spouse.
ii. Principal Invasions. Trustee may distribute principal to Spouse for Health, Education, Maintenance, or Support (“HEMS”) in Trustee’s discretion.
7.4 Separate Descendants’ Trusts. Upon termination of the Family Trust, the remaining principal shall be divided into equal Descendants’ Trusts for each then-living child of mine, with representation for deceased children by their issue.
7.5 Termination. Each Descendants’ Trust shall terminate upon the beneficiary’s attaining age [30], after which the remaining assets shall vest outright. Trustee may advance principal for HEMS prior to termination.
7.6 Spendthrift. All Trust interests shall be held subject to a spendthrift provision under § 456.5-502, RSMo, prohibiting voluntary or involuntary transfer before distribution.

ARTICLE VIII

TRUST ADMINISTRATION PROVISIONS

8.1 Governing Law. The Trust shall be administered in accordance with Missouri law, specifically the MO UTC and applicable prudent investor standards (§ 456.8-804, RSMo).
8.2 Trustee Accounting. Trustee shall provide annual written reports per § 456.8-813, RSMo, unless waived in writing by all Qualified Beneficiaries.
8.3 Allocation of Receipts & Disbursements. Trustee shall follow Missouri’s Uniform Principal and Income Act (§§ 469.401-469.467, RSMo).
8.4 Investment Authority. Trustee may invest in any prudent investment, including derivatives and limited partnerships, consistent with a diversified strategy that minimizes risk (§ 456.8-804, RSMo).
8.5 Delegation. Trustee may delegate investment and administrative functions per § 456.8-807, RSMo, provided the Trustee exercises reasonable care in selecting agents and periodically reviewing their performance.
8.6 Trustee Compensation. Trustee shall receive reasonable compensation customarily charged by fiduciaries of similar size and complexity or as otherwise agreed in writing with Qualified Beneficiaries.
8.7 Trustee Removal & Replacement. A majority in interest of the Qualified Beneficiaries may remove a Trustee without court approval under § 456.7-706(2), RSMo, provided that a Disinterested Trustee or corporate fiduciary is appointed.
8.8 Non-Merger. If any beneficiary becomes sole Trustee, the Trust shall nonetheless continue as a separate fiduciary estate to the extent permitted by law.

ARTICLE IX

FIDUCIARY POWERS, STANDARDS & INDEMNIFICATION

9.1 Incorporated Powers. Trustee and Personal Representative shall have all powers granted by §§ 456.10-1001 et seq. and 473.257, RSMo, including the power to sell, lease, exchange, partition, and mortgage real or personal property without court order.
9.2 Fiduciary Standard. All fiduciaries shall be held to the standard of a prudent person dealing with the property of another, as modified by § 456.8-804, RSMo.
9.3 Indemnification. To the fullest extent permitted by law, each fiduciary shall be indemnified for liabilities and expenses (including reasonable attorney fees) incurred in good-faith administration, and such indemnity shall be satisfied solely from Trust assets (the “Liability Cap”).
9.4 Exculpation. No fiduciary shall be liable for any loss absent willful misconduct or gross negligence.

[// GUIDANCE: MO law voids provisions purporting to exculpate for bad faith or reckless indifference (§ 456.10-1008). Confirm final wording matches client objectives.]

ARTICLE X

NO-CONTEST & SURVIVORSHIP PROVISIONS

10.1 In Terrorem Clause. Any beneficiary who contests this Will or any Trust hereunder shall forfeit all interests, other than a nominal sum of One Dollar ($1.00). A mere request for accounting or interpretative relief shall not constitute a contest.
10.2 Survivorship. A beneficiary must survive me by thirty (30) days to take, unless the MO simultaneous-death statute (§ 474.015, RSMo) provides otherwise.

ARTICLE XI

RISK ALLOCATION, GOVERNING LAW & DISPUTE RESOLUTION

11.1 Governing Law. This Will and all Trusts are governed by Missouri probate and trust law (the “Governing Law”).
11.2 Forum. Exclusive jurisdiction lies in the Probate Division of the Circuit Court of [County], Missouri (the “State Probate Court”).
11.3 Arbitration. Arbitration is expressly not available for any matter subject to State Probate Court jurisdiction.
11.4 Jury Waiver. To the extent a jury trial could otherwise be demanded, all parties waive it for any proceeding relating to this Will or Trust.
11.5 Injunctive Relief. The court may grant temporary, preliminary, and permanent injunctive relief to enforce Trust provisions, without the necessity of a bond.

ARTICLE XII

MISCELLANEOUS PROVISIONS

12.1 Digital Assets. I authorize my fiduciaries to access, manage, and dispose of my digital assets pursuant to Missouri’s Revised Uniform Fiduciary Access to Digital Assets Act (§§ 472.400-472.490, RSMo).
12.2 Anatomical Gifts & Funeral. [OPTIONAL: Insert instructions or reference separate directive.]
12.3 Headings. Headings are for reference only and do not affect interpretation.
12.4 Severability. If any provision is invalid, the remainder shall be given full effect to the extent possible.
12.5 Successors & Assigns. References to fiduciaries include their lawful successors.
12.6 Integration. This Will constitutes my entire testamentary intent, except for any memorandum of personal property authorized in Section 6.1.
12.7 Counterparts & Electronic Signatures. This Will may be executed in counterparts; however, counterparts must be conformed into a single original for probate. Electronic signatures are not permitted for execution under § 474.320, RSMo.

ARTICLE XIII

EXECUTION, ATTESTATION & SELF-PROVING AFFIDAVIT

IN WITNESS WHEREOF, I sign and declare this instrument to be my Last Will and Testament on the date first written above.

[TESTATOR’S FULL LEGAL NAME], Testator

ATTESTATION CLAUSE

We, the undersigned witnesses, declare that on the date written above, the Testator signed and declared this instrument to be his/her Will, and we, in the Testator’s presence and at the Testator’s request, and in the presence of each other, have hereunto subscribed our names as witnesses.

1. ____ Address: _____
2. ____ Address: _____

SELF-PROVING AFFIDAVIT

State of Missouri )
County of ___) ss.

We, [Testator’s Name], [Witness 1 Name], and [Witness 2 Name], the Testator and the witnesses respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, declare to the undersigned authority that the Testator signed and executed the instrument as his/her Last Will and Testament, that the Testator signed willingly or willingly directed another to sign for him/her, that each witness, in the presence of the Testator and of each other, signed the Will as witness, and that to the best of the knowledge of each witness, the Testator was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

Testator

Witness 1

Witness 2

Subscribed, sworn, and acknowledged before me by [Testator’s Name], the Testator, and subscribed and sworn before me by [Witness 1 Name] and [Witness 2 Name], witnesses, this _ day of _, 20____.

Notary Public
My Commission Expires: ______

[// GUIDANCE: Missouri recognizes self-proving affidavits under § 474.337, RSMo. Attach this page directly after the signature page.]

© [Year] [Law Firm / Drafter Name]. All rights reserved. This template is provided for use by licensed attorneys and must be reviewed and customized for each client.