LAST WILL AND TESTAMENT

(Including Integrated Testamentary Trust)

of [TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Revocation of Prior Instruments
   3.2 Family Information Statement
   3.3 Appointment of Personal Representative
   3.4 Appointment of Guardians and Conservators
   3.5 Specific Bequests
   3.6 Payment of Debts, Expenses, and Taxes
   3.7 Residuary Disposition to Testamentary Trust
4. Testamentary Trust
   4.1 Trust Creation and Name
   4.2 Trustees and Successor Trustees
   4.3 Beneficiaries and Distributions
   4.4 Trustee Powers and Fiduciary Standards
   4.5 Indemnification; Limitation of Liability
   4.6 Spendthrift & Creditor Protection
   4.7 Trust Accounting & Administrative Provisions
   4.8 Termination of Trust
5. No-Contest Clause
6. Governing Law; Forum Selection; Jury Waiver
7. Miscellaneous / General Provisions
8. Execution Block
9. Self-Proving Affidavit (Montana)

1. DOCUMENT HEADER

This Last Will and Testament (this “Will”) is made on [EFFECTIVE DATE] by [TESTATOR FULL LEGAL NAME], a resident of [COUNTY] County, Montana (“Testator”).

Recitals:
A. Testator, being of legal age and of sound mind, desires to provide for the disposition of Testator’s estate at death and to establish a testamentary trust pursuant to Montana law (Mont. Code Ann. tit. 72).
B. Testator hereby revokes all prior wills and codicils.

2. DEFINITIONS

For ease of reference, the following capitalized terms have the meanings set forth below. Terms are listed alphabetically and shall apply throughout this Will and the Testamentary Trust:

“Accounting Period” – The calendar year or such other period selected by the Trustee for reporting purposes.
“Administrator” – A court-appointed personal representative if the named Personal Representative fails to qualify.
“Beneficiary” – Any person or entity entitled to receive income or principal from the Trust.
“Child” or “Children” – Includes naturally born, after-born, and legally adopted descendants of Testator, but excludes stepchildren unless specifically named.
“Corporate Trustee” – Any bank or trust company authorized to serve in Montana.
“Disability” – As defined in Mont. Code Ann. tit. 72, ch. 5, or successor provisions.
“Estate” – All probate assets passing under this Will.
“Personal Representative” – The executor of this Will as appointed under Section 3.3.
“Primary Beneficiary” – [PRIMARY BENEFICIARY NAME].
“Qualified Trustee” – An individual or corporate trustee meeting the requirements of Mont. Code Ann. tit. 72, ch. 38.
“Residue” – The remainder of Testator’s Estate after payment of debts, expenses, taxes, and specific bequests.
“Trust” – The testamentary trust established under Article 4 (the “Testamentary Trust” or the “Trust”).
“Trustee” – The individual(s) or entity(ies) serving from time to time as trustee of the Trust.

3. OPERATIVE PROVISIONS

3.1 Revocation of Prior Instruments

Testator hereby revokes all prior wills, codicils, and testamentary documents previously executed by Testator.

3.2 Family Information Statement

Testator is married to [SPOUSE NAME] (“Spouse”) and has the following Children:
1. [CHILD 1 NAME] (born [DOB])
2. [CHILD 2 NAME] (born [DOB])

3.3 Appointment of Personal Representative

A. Testator appoints [PRIMARY PERSONAL REPRESENTATIVE] as Personal Representative.
B. Successor Personal Representative: [SUCCESSOR PERSONAL REPRESENTATIVE].
C. Bond: Waived unless required by the probate court.
D. Powers: The Personal Representative shall have all powers granted under Mont. Code Ann. tit. 72, ch. 3, and this Will.

3.4 Appointment of Guardians and Conservators

A. Guardian of Minor Children: [PRIMARY GUARDIAN]; successor [ALTERNATE GUARDIAN].
B. Conservator of Minor Children’s Estates: [PRIMARY CONSERVATOR]; successor [ALTERNATE CONSERVATOR].

3.5 Specific Bequests

Testator makes the following specific gifts, free of fiduciary fees and charges:
1. [ITEM OR AMOUNT] to [BENEFICIARY NAME].
2. [ITEM OR AMOUNT] to [CHARITY NAME & EIN].

3.6 Payment of Debts, Expenses, and Taxes

A. All legally enforceable debts, final expenses, and estate administration costs shall be paid by the Personal Representative from the Estate.
B. Taxes: All estate, inheritance, and similar transfer taxes attributable to property passing under or outside this Will shall be paid from the Residuary Estate unless expressly directed otherwise.

3.7 Residuary Disposition to Testamentary Trust

The Residue of the Estate shall pour over into the Testamentary Trust described in Article 4 for the benefit of the Beneficiaries therein.

4. TESTAMENTARY TRUST

4.1 Trust Creation and Name

Upon Testator’s death, the Trustee shall hold, manage, and distribute the Residue under the terms of this Article as the “[TESTATOR SURNAME] Family Trust.”

4.2 Trustees and Successor Trustees

A. Initial Trustee: [PRIMARY TRUSTEE].
B. First Successor Trustee: [SUCCESSOR TRUSTEE 1].
C. Second Successor Trustee or Corporate Trustee: [SUCCESSOR TRUSTEE 2/CORPORATE TRUSTEE].
D. Trustee Vacancy: Any adult Beneficiary may petition the state probate court for appointment of a Qualified Trustee.
E. Bond: Waived for individual Trustees; a Corporate Trustee shall be exempt.
F. Trustee Acceptance: Each Trustee must execute a written acceptance and shall be governed by the fiduciary standards set forth in Mont. Code Ann. tit. 72, ch. 38.

4.3 Beneficiaries and Distributions

4.3.1 Income and Principal Distribution Standard
a. Health, Education, Maintenance & Support (HEMS). The Trustee may distribute income or principal for the health, education, maintenance, or support of the Primary Beneficiary during such Beneficiary’s lifetime.
b. Discretionary Sprinkling Power. The Trustee may sprinkle income or principal among the Primary Beneficiary and Testator’s descendants as the Trustee determines is in their best interests, considering other resources available to them.

4.3.2 Mandatory Distributions
Upon the Primary Beneficiary attaining the following ages, the Trustee shall distribute principal as follows:
• One-third (1/3) at age [AGE 1];
• One-half (1/2) of the remaining principal at age [AGE 2];
• All remaining principal at age [AGE 3].

4.3.3 Spendthrift & Creditor Protection
See Section 4.6.

4.3.4 Termination
The Trust shall terminate upon the earlier of (i) final mandatory distribution under Section 4.3.2, or (ii) the death of the last surviving Beneficiary, whereupon remaining assets shall be distributed to [REMAINDER BENEFICIARY].

4.4 Trustee Powers and Fiduciary Standards

A. Powers: The Trustee shall have all powers granted under Mont. Code Ann. tit. 72, ch. 38, including, without limitation, the powers to invest, reinvest, exchange, lease, pledge, and sell trust property.
B. Prudent Investor Rule: The Trustee shall invest in accordance with the Montana Uniform Prudent Investor Act (Mont. Code Ann. §§ 72-34-601 et seq.).
C. Delegation: Delegation of investment or administrative functions is authorized if compliant with statutory standards.
D. Accounting: The Trustee shall provide annual written accounts to the permissible distributees.

4.5 Indemnification; Limitation of Liability

A. Indemnification. The Trustee (and agents) shall be indemnified out of the Trust assets against all liabilities, expenses, and claims (except those arising from the Trustee’s willful misconduct or gross negligence).
B. Liability Cap. No Trustee shall be personally liable for any obligation greater than the value of the Trust assets under such Trustee’s control.

4.6 Spendthrift & Creditor Protection

The interests of any Beneficiary are held subject to a spendthrift provision under Mont. Code Ann. tit. 72, ch. 38. No interest shall be transferable or subject to creditor claims, assignments, or legal process prior to actual receipt by the Beneficiary.

4.7 Trust Accounting & Administrative Provisions

A. Fiscal Year; Taxes. The Trustee may elect the fiscal year of the Trust and shall file all required tax returns.
B. Resignation. A Trustee may resign on thirty (30) days’ written notice to the Qualified Beneficiaries and any co-Trustee.
C. Removal. A court of competent jurisdiction or a majority in interest of the adult Beneficiaries may remove a Trustee for cause, including breach of fiduciary duty.
D. Compensation. The Trustee shall be entitled to reasonable compensation in accordance with Mont. Code Ann. tit. 72, ch. 38 and may reimburse reasonable expenses.

4.8 Termination of Trust

Upon termination, the Trustee shall distribute the remaining assets in accordance with Section 4.3.4 and shall furnish a final accounting. The Trustee shall be discharged upon court approval or receipt of written consents and releases from all adult Beneficiaries.

5. NO-CONTEST CLAUSE

Any Beneficiary who, directly or indirectly, contests this Will or the Trust (except for good-faith enforcement of fiduciary duties) shall forfeit all interests herein, and the forfeited share shall pass as if such Beneficiary had predeceased Testator without issue.

6. GOVERNING LAW; FORUM SELECTION; JURY WAIVER

A. Governing Law. This Will and the Testamentary Trust shall be governed by, and construed in accordance with, the laws of the State of Montana, without regard to conflict-of-laws principles.
B. Exclusive Forum. The [COUNTY] County District Court, Probate Division (the “Probate Court”) shall have exclusive jurisdiction over any matter arising under this Will or the Trust.
C. Jury Waiver. To the fullest extent permitted by applicable law, all parties waive any right to a jury trial in probate proceedings.
D. Injunctive Relief. The Probate Court shall retain authority to grant injunctive or equitable relief to enforce the Trust.

7. MISCELLANEOUS / GENERAL PROVISIONS

7.1 Headings. Headings are for convenience only and do not affect substantive meaning.
7.2 Severability. If any provision is unenforceable, the remaining provisions shall remain in full force.
7.3 Integration. This document constitutes Testator’s complete testamentary plan and supersedes all prior testamentary instruments.
7.4 Gender and Number. Drafted in gender-neutral form; singular includes plural and vice versa as context requires.
7.5 Digital Assets. The Personal Representative and Trustee have authority to access, manage, and distribute Testator’s digital assets under the Revised Uniform Fiduciary Access to Digital Assets Act (Mont. Code Ann. §§ 72-15-101 et seq.).
7.6 Counterparts & Electronic Signatures. This Will may be executed in counterparts; original signatures are required for probate, but conformed copies and electronic scans may be relied upon for administrative purposes.

8. EXECUTION BLOCK

IN WITNESS WHEREOF, Testator executes this Last Will and Testament on the date first above written.

______________________________
[TESTATOR FULL LEGAL NAME], Testator

ATTESTATION CLAUSE

We, the undersigned witnesses, declare under penalty of perjury that on the date written below, [TESTATOR FULL LEGAL NAME], who is personally known to us or satisfactorily proved to us, declared this instrument to be Testator’s Last Will and Testament, signed it in our presence (or acknowledged a previously made signature), and, at Testator’s request and in Testator’s presence and in the presence of each other, we have subscribed our names as witnesses. The Testator appeared to be of sound mind and free from duress at the time of signing.

1. ____________________________
   [WITNESS #1 NAME], Witness
   Address: [ADDRESS]
   Date: _______________________

2. ____________________________
   [WITNESS #2 NAME], Witness
   Address: [ADDRESS]
   Date: _______________________

9. SELF-PROVING AFFIDAVIT (MONTANA)

STATE OF MONTANA )
: ss. )
COUNTY OF ________ )

We, [TESTATOR FULL LEGAL NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], being first duly sworn, declare to the undersigned authority that Testator executed the foregoing Will and that each witness signed on the date and in the manner indicated above, and that to the best of our knowledge Testator was at least eighteen (18) years of age, of sound mind, and under no constraint or undue influence.

_________________________________
[TESTATOR FULL LEGAL NAME], Testator

_________________________________
[WITNESS #1 NAME], Witness

_________________________________
[WITNESS #2 NAME], Witness

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

_________________________________
Notary Public for the State of Montana
Residing at: _____________________
My Commission Expires: ___________

END OF DOCUMENT