LAST WILL AND TESTAMENT

and

TESTAMENTARY TRUST

of

[TESTATOR FULL LEGAL NAME]

[// GUIDANCE: This template is drafted for use under Mississippi (“MS”) probate and trust law. It is intended for adaptation by licensed counsel to the facts of a particular estate plan. Bracketed text must be customized or deleted before execution.]

TABLE OF CONTENTS

I. Declaration and Identification
II. Definitions
III. Revocation of Prior Wills and Codicils
IV. Family Information
V. Payment of Debts, Expenses, and Taxes
VI. Specific Bequests
VII. Residuary Disposition & Creation of Testamentary Trust
VIII. Testamentary Trust Terms
   A. Name and Funding of Trust
   B. Purpose
   C. Trustees and Successor Trustees
   D. Beneficiaries
   E. Distributions
   F. Trustee Powers
   G. Fiduciary Standards; Indemnity; Liability Limitation
   H. Trust Administration Rules
   I. Spendthrift Provision
   J. Termination and Final Distribution
IX. Appointment of Personal Representative
X. Nomination of Guardians for Minor Children
XI. No-Contest (In Terrorem) Clause
XII. Governing Law, Forum & Dispute Resolution
XIII. General Administrative Provisions
XIV. Severability & Savings Clause
XV. Execution and Attestation
XVI. Self-Proving Affidavit (Mississippi)

I. DECLARATION AND IDENTIFICATION

I, [TESTATOR FULL LEGAL NAME], presently residing at [ADDRESS, COUNTY, MS], of sound mind and disposing memory, hereby declare this instrument to be my Last Will and Testament (the “Will”). All property disposed of herein is my sole, separate property unless otherwise stated. This Will is made pursuant to and shall be interpreted under the laws of the State of Mississippi.

II. DEFINITIONS

For purposes of this Will:

1. “Administrator” means a Personal Representative appointed by the court when the named Personal Representative is unable or unwilling to serve.
2. “Children” means the lineal descendants in the first degree of the Testator, whether born or adopted before or after the execution of this Will.
3. “Code” means the Internal Revenue Code of 1986, as amended.
4. “Personal Representative” means the Executor or Administrator of my estate, as context requires.
5. “Terms of Art” (e.g., per stirpes, issue, heirs-at-law) shall have the meanings accorded under MS probate law.
6. “Trust” means the testamentary trust created under Article VII and governed by Article VIII of this Will.
7. “Trustee” includes any successor or co-trustee then serving.
   [// GUIDANCE: Add or delete defined terms to align with the dispositive scheme.]

III. REVOCATION OF PRIOR WILLS AND CODICILS

I hereby revoke all prior Wills and Codicils made by me.

IV. FAMILY INFORMATION

1. Marital Status: [MARRIED/WIDOWED/SINGLE/DIVORCED]
2. Spouse: [SPOUSE NAME]
3. Children: [LIST FULL NAMES AND BIRTHDATES]
4. Other Dependents: [NAMES/RELATIONSHIPS, if any]

V. PAYMENT OF DEBTS, EXPENSES, AND TAXES

A. My Personal Representative shall first pay from my residuary estate:
1. All enforceable debts and expenses of my last illness and burial;
2. Administrative expenses of my estate; and
3. All estate and inheritance taxes (federal or state) attributable to property passing under this Will or otherwise, without apportionment against any recipient, unless expressly stated.

B. The Personal Representative may, in his or her sole discretion, compromise, contest, or settle any claim against the estate.

VI. SPECIFIC BEQUESTS

[Describe each bequest]
1. I hereby bequeath [DESCRIPTION OF ASSET] to [BENEFICIARY NAME], if he or she survives me.
2. [Continue numbered list as required.]

Any specific bequest adeemed by extinction shall lapse and fall into the residuary estate unless specifically substituted herein.

VII. RESIDUARY DISPOSITION & CREATION OF TESTAMENTARY TRUST

All the rest, residue, and remainder of my property, real, personal, and mixed, tangible and intangible, wheresoever situated, including any lapsed or failed legacies (the “Residuary Estate”), I devise and bequeath to the Trustee, IN TRUST, to be held, administered, and distributed in accordance with Article VIII (the “Trust Agreement”).

VIII. TESTAMENTARY TRUST TERMS

A. Name and Funding of Trust

The trust shall be known as the “[TESTATOR NAME] Family Trust” and shall be funded upon my death by the Residuary Estate, together with any property otherwise directed to or received by the Trust.

B. Purpose

The Trust is established to (i) provide for the health, education, maintenance, and support of the beneficiaries, (ii) preserve family assets, and (iii) facilitate orderly distribution in accordance with my intent.

C. Trustees and Successor Trustees

1. Initial Trustee: I appoint [TRUSTEE NAME] as Trustee.
2. First Successor Trustee: If the Initial Trustee fails to qualify or cease to act, [SUCCESSOR TRUSTEE NAME] shall serve.
3. Additional Successors: Thereafter, beneficiaries holding a majority of equitable interests may designate a successor by written instrument.
4. Bond Waiver: No bond shall be required of any Trustee.
5. Resignation/Removal: A Trustee may resign upon 30-days’ written notice; beneficiaries holding a majority of interests may remove a Trustee for cause by written instrument delivered to the Trustee.
   [// GUIDANCE: “Cause” should be defined in an ancillary schedule if removal rights are broad.]

D. Beneficiaries

1. Primary Beneficiary: [NAME, e.g., SPOUSE] during his/her lifetime.
2. Secondary Beneficiaries: My Children, per stirpes, or their issue.
3. Contingent Beneficiary: [CHARITY/OTHER] if no descendant of mine survives.

E. Distributions

1. Mandatory Income: All net income shall be distributed at least annually to the Primary Beneficiary.
2. Discretionary Principal: The Trustee may distribute principal for a beneficiary’s health, education, maintenance, or support (“HEMS Standard”).
3. Equalization on Primary Beneficiary’s Death: Upon the death of the Primary Beneficiary, the remaining trust estate shall be divided into equal shares for my surviving Children, per stirpes.
4. Age Staggered Distributions: Each share shall vest and be distributed to the respective beneficiary as follows:
   a. One-third (⅓) at age [25];
   b. One-half (½) of the balance at age [30];
   c. Remainder at age [35].
   Until final distribution, a beneficiary’s share shall continue in trust subject to the HEMS Standard.

F. Trustee Powers

The Trustee shall have, in addition to statutory powers under MS Uniform Trust Code, the following non-exhaustive powers:

1. To retain, purchase, sell, exchange, and invest trust assets pursuant to the prudent investor rule;
2. To lease real or personal property on terms up to [99] years;
3. To borrow, encumber, or pledge trust assets limited to trust property;
4. To participate in reorganization, consolidation, or merger of any business entity;
5. To compromise or arbitrate claims;
6. To appoint ancillary fiduciaries and pay reasonable compensation;
7. To make tax elections and allocations beneficial to the trust;
8. To divide or distribute assets in cash or in kind, pro rata or non-pro rata, without adjustment for inequality of tax basis; and
9. To make loans to beneficiaries on commercially reasonable terms, secured or unsecured, provided any interest charged shall be at least the Applicable Federal Rate to avoid imputed-interest issues.

G. Fiduciary Standards; Indemnity; Liability Limitation

1. Standard of Care: Each Trustee shall act in good faith, in a prudent manner, and in accordance with the purposes of the Trust.
2. Indemnification: The Trustee shall be indemnified out of the Trust assets against any liability, cost, or expense (including counsel fees) reasonably incurred in the administration of the Trust, except for losses resulting from the Trustee’s bad faith, willful misconduct, or reckless indifference.
3. Liability Cap: The personal liability of any Trustee is limited to the Trust assets under his or her control; no Trustee shall be personally liable for obligations properly incurred as Trustee.
4. Reliance Protection: A Trustee may rely conclusively upon any instrument believed in good faith to be genuine and properly executed.

[// GUIDANCE: MS law restricts the extent of fiduciary exculpation; do not exceed statutory limitations.]

H. Trust Administration Rules

1. Accounting: Annual written accountings shall be provided to current income beneficiaries and qualified remainder beneficiaries.
2. Principal & Income Allocation: Determined under the Mississippi Principal and Income Act unless the Trustee elects the unitrust conversion permitted by statute.
3. Virtual Representation: Consent of a representative beneficiary may bind others in accordance with MS UTC provisions.
4. Judicial Supervision: The Trust shall be administered free of ongoing court supervision unless required by MS chancery court or requested by the Trustee for instructions.

I. Spendthrift Provision

All interests of any beneficiary herein are subject to a spendthrift trust; such interests shall not be alienated, assigned, or subject to claims of creditors until distributed.

J. Termination and Final Distribution

The Trust shall terminate and be distributed outright to the then-entitled beneficiaries upon the earliest of:

1. The final scheduled distribution under § VIII.E.4;
2. The date all beneficiaries have attained age [40]; or
3. Thirty (30) years after my death, if not sooner terminated.

Upon termination the Trustee shall distribute remaining assets outright, free of trust, per stirpes to my then-living descendants, or, if none, to the Contingent Beneficiary.

IX. APPOINTMENT OF PERSONAL REPRESENTATIVE

I nominate [EXECUTOR NAME] as Personal Representative of my estate. If [EXECUTOR NAME] fails to qualify or ceases to act, I nominate [ALTERNATE EXECUTOR NAME]. The Personal Representative shall serve [with/without] bond and shall have all powers conferred under Mississippi law, including independent administration powers, to be exercised without order of court except as required for probate.

X. NOMINATION OF GUARDIANS FOR MINOR CHILDREN

If at my death any of my Children are minors, I nominate [PRIMARY GUARDIAN NAME] as guardian of the person and estate of each such child. [ALTERNATE GUARDIAN NAME] is nominated as successor guardian.

XI. NO-CONTEST (IN TERROREM) CLAUSE

If any beneficiary directly or indirectly contests the validity of this Will or any Trust created herein, or seeks to obtain an adjudication that any provision is void, or opposes the appointment of a fiduciary herein named, any share or interest of such contesting beneficiary shall be forfeited and pass as if the contesting beneficiary had predeceased me without issue.

[// GUIDANCE: MS recognizes in-terrorem clauses but will not enforce forfeiture if probable cause exists. Evaluate application.]

XII. GOVERNING LAW, FORUM & DISPUTE RESOLUTION

1. Governing Law: This Will and the Trust shall be construed and regulated under the laws of the State of Mississippi, including its substantive probate and trust statutes, without regard to conflict-of-laws principles.
2. Forum Selection: Exclusive jurisdiction for any proceeding relating to the estate or Trust shall lie in the Chancery Court of [COUNTY], Mississippi.
3. Arbitration: Notwithstanding any general policy favoring arbitration, disputes under this Will or Trust shall not be subject to arbitration absent unanimous written consent of all interested parties and the Trustee.
4. Jury Waiver: To the extent a jury trial may otherwise be available, all interested persons waive the right to jury trial in any proceeding concerning this Will or Trust.
5. Injunctive Relief: The Chancery Court is authorized to issue temporary, preliminary, and permanent injunctive relief to protect Trust assets or enforce fiduciary duties.

XIII. GENERAL ADMINISTRATIVE PROVISIONS

A. Survivorship Requirement: Any beneficiary must survive me by 120 hours to take under this Will, unless the context clearly indicates otherwise.
B. Simultaneous Death Act: In the event of common disaster or ambiguous time of death, the provisions of Mississippi’s “Uniform Simultaneous Death Act” shall apply.
C. Gender & Number: Words in any gender include all genders; words in the singular include the plural and vice versa.
D. Headings: Section headings are for convenience only and shall not affect interpretation.
E. Digital Assets: My Personal Representative and Trustee shall have the authority to access, manage, and dispose of my digital assets and electronic communications to the fullest extent permitted by the Revised Uniform Fiduciary Access to Digital Assets Act as adopted in MS.
F. Tax Allocation & Elections: Fiduciaries may make any tax elections reasonably believed to minimize aggregate tax liabilities of the estate, Trust, and beneficiaries.

XIV. SEVERABILITY & SAVINGS CLAUSE

If any provision of this Will or Trust is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be construed, to the maximum extent possible, to fulfill the intent herein expressed.

XV. EXECUTION AND ATTESTATION

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], have signed this Will on this ___ day of _, 20, at ____, Mississippi.

_________
[TESTATOR FULL LEGAL NAME], Testator

We, the undersigned witnesses, sign our names hereto at the request of the Testator, in the Testator’s presence and in the presence of each other, on the date above written, all being of lawful age and believing the Testator to be of sound mind and under no undue influence.

1. _________
   [WITNESS #1 NAME & ADDRESS]

2. _________
   [WITNESS #2 NAME & ADDRESS]

XVI. SELF-PROVING AFFIDAVIT (Mississippi)

STATE OF MISSISSIPPI )
: ss.
COUNTY OF ____ )

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], testator, and [WITNESS #1 NAME] and [WITNESS #2 NAME], the witnesses, whose names are signed to the foregoing instrument, all of whom, being duly sworn, do hereby declare to me under oath 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), and that the Testator executed it as a free and voluntary act; and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness; and that to the best of the knowledge of each witness the Testator was eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

[TESTATOR NAME], Testator

[WITNESS #1 NAME], Witness

[WITNESS #2 NAME], Witness

Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], and subscribed and sworn to before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], this ___ day of _, 20.

Notary Public for the State of Mississippi
My Commission Expires: _______

[// GUIDANCE: After customization, review for compliance with Miss. Code Ann. §§ 91-5-1 et seq. (wills) and §§ 91-8-101 et seq. (trusts). Confirm witness, notarization, and self-proving requirements in the specific county of probate. Evaluate tax provisions with current federal and state estate-tax thresholds.]