Complex Will with Trust - Montana

LAST WILL AND TESTAMENT

Including a Testamentary Trust

of

[TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

1. Declaration and Identification
2. Definitions
3. Revocation and Family Information
4. Debts, Expenses, and Taxes
5. Specific Bequests
6. Residuary Estate and Testamentary Trust
7. Trust Administration
8. Personal Representative and Guardian
9. No-Contest Provision
10. Governing Law, Forum, and Remedies
11. General Provisions
12. Execution and Attestation
13. Self-Proving Affidavit

1. DECLARATION AND IDENTIFICATION

I, [TESTATOR FULL LEGAL NAME], residing at [ADDRESS, COUNTY, MONTANA], being at least eighteen years of age and of sound mind as required by Mont. Code Ann. § 72-2-521, declare this instrument to be my Last Will and Testament (the “Will”).

2. 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 Section 6.
5. Trustee includes each successor or co-trustee then serving.
6. By representation means the distribution method selected and completed by Montana counsel here: [DESCRIBE DISTRIBUTION METHOD].

3. REVOCATION AND FAMILY INFORMATION

3.1 Revocation

I revoke all prior wills and codicils made by me.

3.2 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].

4. 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 Montana counsel: [________________________________].

5. SPECIFIC BEQUESTS

5.1 Tangible Personal Property List

I may dispose of tangible personal property other than money through a separate written statement or list referred to by this Will. To qualify under Mont. Code Ann. § 72-2-533, the writing must be signed by me and must describe the items and devisees with reasonable certainty. It may be prepared before or after this Will and may be altered after preparation.

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

5.2 Specific Gifts

1. I give [DESCRIPTION OR AMOUNT] to [BENEFICIARY], if the beneficiary survives me as required by Section 11.1.
2. I give [DESCRIPTION OR AMOUNT] to [BENEFICIARY], if the beneficiary survives me as required by Section 11.1.
3. [ADD GIFTS AS NEEDED].

If a gift fails, it passes under the residuary provisions unless a mandatory rule requires another disposition.

6. RESIDUARY ESTATE AND TESTAMENTARY TRUST

6.1 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.”

6.2 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].

6.3 Spendthrift Provision

Each beneficiary's interest is held subject to a spendthrift trust. Both voluntary and involuntary transfer are restrained before receipt to the extent provided by Mont. Code Ann. § 72-38-502 and the other creditor-rights rules in applicable law.

7. TRUST ADMINISTRATION

7.1 Trustees and Successors

1. Initial Trustee: [NAME].
2. First Successor Trustee: [NAME].
3. If no named Trustee serves, a vacancy shall be filled under Mont. Code Ann. § 72-38-704. After the persons designated by the Trust, the statute requires unanimous agreement of the qualified beneficiaries or a court appointment.
4. I request that no Trustee be required to furnish bond, subject to mandatory law and court order.
5. A settlor, co-trustee, or beneficiary may request judicial removal, and the court may remove a Trustee on the grounds in Mont. Code Ann. § 72-38-706. This Will does not treat a beneficiary vote as court-free statutory removal.

7.2 Duties and Standard of Administration

The Trustee shall administer the Trust expeditiously and 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 Mont. Code Ann. §§ 72-38-801, 72-38-802, and 72-38-804.

7.3 Trustee Powers

Subject to fiduciary duties, this Will, and any court order, the Trustee may exercise the general and specific powers in Mont. Code Ann. §§ 72-38-815 and 72-38-816, 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 Mont. Code Ann. § 72-38-807. Investments are governed by the current Uniform Prudent Investor Act in Mont. Code Ann. §§ 72-38-901 to 72-38-906, including § 72-38-903's diversification rule and its Montana-specific retention rule for farm, ranch, closely held business, timber, oil, gas, and mineral interests.

7.4 Reports, Records, and Compensation

1. The Trustee shall keep adequate records and keep Trust property separate from the Trustee's own property under Mont. Code Ann. § 72-38-810.
2. Unless this Trust specifically limits or waives a requirement as permitted by Mont. Code Ann. § 72-38-813, the Trustee shall provide the 60-day notices and annual and termination reports required by that section to the recipients it identifies. A qualified beneficiary may waive that beneficiary's right and later withdraw the waiver.
3. The Trustee is entitled to compensation that is reasonable under the circumstances under Mont. Code Ann. § 72-38-708.

7.5 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 Mont. Code Ann. § 72-38-1010. Nothing in this Will caps liability for breach of trust at the value of Trust property.
3. Any exculpatory term is subject to Mont. Code Ann. § 72-38-1008 and cannot relieve a Trustee for bad faith, reckless indifference, accountability for profits from a breach, or the abuse described by that section.
4. The remedies for breach of trust remain those authorized by Mont. Code Ann. § 72-38-1001. Fee and cost awards remain governed by Mont. Code Ann. § 72-38-1004.

8. PERSONAL REPRESENTATIVE AND GUARDIAN

8.1 Personal Representative

1. I nominate [PRIMARY NAME] as Personal Representative and [ALTERNATE NAME] as successor.
2. The Personal Representative may exercise only powers granted by this Will, statute, or court order and shall remain subject to applicable fiduciary duties.
3. I request that the Personal Representative serve without bond, subject to mandatory law and court order.

8.2 Guardian Nomination

I appoint [PRIMARY GUARDIAN] and [ALTERNATE GUARDIAN] as alternate guardian for each unmarried minor child of mine. Under Mont. Code Ann. § 72-5-211, a parent's testamentary appointment becomes effective only after the guardian files an acceptance and the statutory parental-death or incapacity condition is satisfied. The appointment remains subject to a qualifying minor's objection under § 72-5-213 and the court's authority under § 72-5-222.

9. NO-CONTEST PROVISION

Except when probable cause exists for instituting the proceeding, a beneficiary who directly contests this Will shall forfeit that beneficiary's gift and be treated as having predeceased me. Mont. Code Ann. § 72-2-537 makes a will provision purporting to penalize an interested person for a contest or other proceeding unenforceable when probable cause exists. Montana counsel shall tailor the challenged-conduct definition and substitute disposition before execution.

10. GOVERNING LAW, FORUM, AND REMEDIES

1. Montana law governs this Will and the Trust except where another jurisdiction's mandatory law controls particular property or administration.
2. Estate jurisdiction is governed by Mont. Code Ann. § 72-1-202. Internal trust proceedings are within the exclusive subject-matter jurisdiction described by Mont. Code Ann. § 72-38-201, while other trust-related proceedings may be concurrent as that section provides. Trust venue is governed by Mont. Code Ann. § 72-38-205. This Will does not create a fictional “Probate Division” or override statutory venue.
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 Mont. Code Ann. § 72-38-816(23), subject to fiduciary duties, court jurisdiction, and enforceability.
4. A district court may exercise the trust powers and remedies authorized by Mont. Code Ann. §§ 72-38-202 and 72-38-1001.

11. GENERAL PROVISIONS

11.1 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.

11.2 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 allow disclosure of the content of electronic communications to the extent needed for administration and permitted by Montana's Revised Uniform Fiduciary Access to Digital Assets Act, Mont. Code Ann. §§ 72-31-401 to 72-31-417. Under § 72-31-403, a qualifying online-tool direction may override a contrary direction in this Will.

11.3 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.
4. This form is configured for execution as a witnessed written will under Mont. Code Ann. § 72-2-522. It does not attempt an electronic-will or remote-witnessing workflow.

12. EXECUTION AND ATTESTATION

I sign this instrument as my Last Will and Testament on this ___ day of __________, 20___, at [CITY], Montana.

_________________________________
[TESTATOR FULL LEGAL NAME], Testator

We, the undersigned witnesses, each sign within a reasonable time after witnessing the Testator sign this Will, or after the Testator acknowledged the signature or acknowledged the Will, as required by Mont. Code Ann. § 72-2-522.

13. SELF-PROVING AFFIDAVIT

(Simultaneous-execution form intended to follow Mont. Code Ann. § 72-2-524(1) substantially)

I, [TESTATOR NAME], the Testator, sign my name to this instrument this ___ day of __________, 20___, and, being first duly sworn, declare to the undersigned authority that I sign and execute this instrument as my Will; that I sign it willingly or willingly direct another to sign for me; that I execute it as my free and voluntary act for the purposes expressed in it; and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.

_________________________________
Testator

We, [WITNESS 1 NAME] and [WITNESS 2 NAME], the witnesses, sign our names to this instrument, being first duly sworn, and declare to the undersigned authority that the Testator signs and executes this instrument as the Testator's Will; that the Testator signs it willingly or willingly directs another to sign for the Testator; that each of us, in the presence and hearing of the Testator, signs this Will as witness to the Testator's signing; and that to the best of our knowledge the Testator is eighteen years of age or older, of sound mind, and under no constraint or undue influence.

_________________________________
Witness

_________________________________
Witness

THE STATE OF MONTANA

COUNTY OF [COUNTY]

Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], the Testator, and subscribed and sworn to before me by [WITNESS 1 NAME] and [WITNESS 2 NAME], witnesses, this ___ day of __________, 20___.

(SEAL)

_________________________________
[OFFICIAL SIGNATURE]

_________________________________
[OFFICIAL CAPACITY]

SOURCES AND REFERENCES

• Montana Legislature — § 72-2-522, witnessed and holographic wills
• Montana Legislature — § 72-2-524, self-proved will
• Montana Legislature — § 72-2-533, tangible-property list
• Montana Legislature — § 72-5-211, testamentary appointment of minor's guardian
• Montana Legislature — § 72-38-201, trust jurisdiction
• Montana Legislature — § 72-38-205, trust venue
• Montana Legislature — § 72-38-706, trustee removal
• Montana Legislature — § 72-38-813, duty to inform and report
• Montana Legislature — § 72-38-816, specific trustee powers
• Montana Legislature — § 72-38-1008, exculpation limits
• Montana Legislature — § 72-31-403, user directions for digital assets

End of Document