LAST WILL AND TESTAMENT

with Integrated Testamentary Trust

of [TESTATOR FULL LEGAL NAME]

[// GUIDANCE: This template is drafted for a North Carolina-domiciled testator. Customize bracketed placeholders, delete inapplicable provisions, and attach any referenced schedules before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Preliminary Matters
4. Specific Bequests & Devises
5. Residuary Disposition & Creation of Testamentary Trust
6. Testamentary Trust Provisions
   6.1 Name; Funding; Separate Shares
   6.2 Beneficiaries & Distribution Standards
   6.3 Trustee Powers & Administration
   6.4 Fiduciary Standards; Limitations of Liability
   6.5 Accounting; Removal; Successor Trustees
7. Tax & Generation-Skipping Provisions
8. No-Contest Clause
9. Governing Law; Venue; Remedies
10. General Provisions
11. Execution Block (Attestation & Self-Proving Affidavit)

1. DOCUMENT HEADER

1.1 Title. This instrument constitutes the Last Will and Testament (the “Will”) of [TESTATOR FULL LEGAL NAME] (“Testator”), executed on [DATE].

1.2 Domicile & Jurisdiction. Testator is domiciled in [COUNTY] County, North Carolina, and directs that this Will be construed and enforced under the laws of the State of North Carolina, including the North Carolina Uniform Probate Code and the North Carolina Uniform Trust Code (“NC UTC”), N.C. Gen. Stat. § 36C-1-101 et seq.

1.3 Revocation of Prior Instruments. Testator hereby revokes all prior wills and codicils.

2. DEFINITIONS

[Alphabetical; apply consistently]

“Administrator” – A court-appointed personal representative if no Executor qualifies.
“Child” / “Children” – The lawful, living, biological or adopted descendants of Testator in the first degree.
“Executor” – The fiduciary named in Section 3.2 to administer Testator’s probate estate; synonymous with “Personal Representative.”
“HEMS” – Health, Education, Maintenance, and Support, interpreted under federal tax regulations and NC law.
“Issue” – All lineal descendants, natural or adopted, per stirpes.
“Per Stirpes” – As defined under N.C. Gen. Stat. § 29-16.
“Spouse” – [SPOUSE NAME], if he/she survives Testator by more than 120 hours.
“Testamentary Trust” or “Trust” – The trust created under Article 6.
“Trustee” – The fiduciary named in Section 6.5 (including any successor).
“Trust Estate” – All property allocated to the Trust under this Will, together with accumulations.

[// GUIDANCE: Add or remove definitions to fit the estate plan.]

3. PRELIMINARY MATTERS

3.1 Debts, Expenses & Taxes. The Executor shall pay (a) funeral and burial expenses not to exceed $[AMOUNT], (b) legally enforceable debts, and (c) expenses of administering the estate. Estate, inheritance, and generation-skipping transfer (“GST”) taxes attributable to property passing under this Will shall be paid from the residuary estate without apportionment, unless inconsistent with governing tax law.

3.2 Appointment of Executor.
(a) Primary. Testator appoints [PRIMARY EXECUTOR NAME] as Executor.
(b) Alternate. If the Primary fails to qualify or ceases to serve, [ALTERNATE EXECUTOR NAME] shall serve.
(c) Bond. No bond shall be required of any Executor unless mandated by the Probate Court.

3.3 Authority. The Executor shall have all powers granted by N.C. Gen. Stat. § 28A-13-3 and any additional powers reasonably necessary to effectuate this Will.

4. SPECIFIC BEQUESTS & DEVISES

4.1 Tangible Personal Property. Testator gives tangible personal property as set forth in any memorandum signed by Testator and identified in this Will.

4.2 Specific Gifts. The following gifts shall be distributed free of trust:
(a) [RECIPIENT NAME] – [Description of Asset].
(b) (repeat as needed)

4.3 Charitable Bequest. Testator gives $[AMOUNT] to [CHARITY LEGAL NAME], an organization described in I.R.C. § 170(c).

[// GUIDANCE: Verify charitable status and include contingency if charity no longer qualifies.]

5. RESIDUARY DISPOSITION & CREATION OF TESTAMENTARY TRUST

5.1 Residuary Transfer. All remaining property, real and personal, wherever situated, shall pour over to the Testamentary Trust established in Article 6 (the “Family Trust”).

5.2 Funding Authority. The Executor may allocate in-kind assets at fair market value, elect alternate valuation, and divide Trust shares of equivalent value for beneficiaries.

6. TESTAMENTARY TRUST PROVISIONS

6.1 Name; Funding; Separate Shares

(a) The trust shall be known as the “[TESTATOR SURNAME] Family Trust.”
(b) Upon Testator’s death, the Trustee shall hold the Trust Estate in a single fund, then divide into separate shares as provided in Section 6.2(c).

6.2 Beneficiaries & Distribution Standards

(a) Primary Beneficiaries. The primary lifetime beneficiaries are Testator’s Children and Issue.

(b) Discretionary Distributions. During each beneficiary’s lifetime, the Trustee may distribute so much of net income and principal as the Trustee, in a fiduciary capacity, deems advisable for the beneficiary’s HEMS, considering other resources known to the Trustee.

(c) Vesting & Termination.
i. Upon a Child’s attainment of [AGE – e.g., 30], that Child shall receive an outright distribution of his or her share.
ii. Before outright distribution, separate share accounting shall apply.
iii. If a beneficiary predeceases complete distribution, his or her share shall pass per stirpes to his or her Issue, subject to continued trust until each such Issue attains [AGE].

(d) Spendthrift. All interests are held subject to a spendthrift restriction under N.C. Gen. Stat. § 36C-5-501.

6.3 Trustee Powers & Administration

The Trustee shall have, without court order, all powers granted under Articles 8 and 9 of the NC UTC, including:

1. Invest and reinvest pursuant to the NC Prudent Investor Rule, N.C. Gen. Stat. § 36C-9-901.
2. Sell, exchange, lease, or mortgage Trust assets.
3. Retain non-income-producing assets, including closely-held business interests.
4. Make tax elections, including allocations between principal and income.
5. Employ professionals and delegate investment functions as permitted by statute.
6. Distribute property in cash or in-kind, with asset valuation determined in the Trustee’s reasonable discretion.

[// GUIDANCE: Add or limit powers based on the client’s portfolio and risk tolerance.]

6.4 Fiduciary Standards; Limitations of Liability

(a) Standard of Care. The Trustee shall administer the Trust loyally, impartially, and prudently.

(b) Indemnification. To the fullest extent permitted by law, the Trustee shall be indemnified out of the Trust Estate against any loss, liability, or expense (including reasonable attorneys’ fees) incurred by reason of serving as Trustee, except for losses arising from the Trustee’s intentional misconduct or reckless indifference.

(c) Liability Cap. The Trustee’s liability to beneficiaries shall be limited to the value of the Trust Estate at the time the claim is enforced.

(d) Exculpation. No Trustee shall be liable for any act or omission made in good faith reliance upon professional advice.

6.5 Accounting; Removal; Successor Trustees

(a) Accounting. The Trustee shall provide annual statements to adult income beneficiaries.

(b) Resignation. A Trustee may resign by giving 30 days’ written notice to the adult beneficiaries and any co-trustee.

(c) Removal. A majority of the adult and competent income beneficiaries may remove a Trustee, with or without cause, by written instrument delivered to the Trustee and filed with the Probate Court.

(d) Successor. If no named Trustee serves, [SUCCESSOR TRUSTEE NAME] shall serve; if none, a successor shall be appointed by the Probate Court under N.C. Gen. Stat. § 36C-7-704. Each successor shall have all powers of the original Trustee.

7. TAX & GENERATION-SKIPPING PROVISIONS

7.1 Qualified Disclaimers. The Executor and Trustee may effect qualified disclaimers under I.R.C. § 2518.

7.2 GST. The Trustee may sever trusts or make elections to minimize GST tax, allocating the Testator’s GST exemption as the Trustee deems fit.

7.3 QTIP/Marital Deduction (Optional). [// GUIDANCE: Insert marital trust provisions if needed for spouse; delete if not applicable.]

8. NO-CONTEST CLAUSE

Any beneficiary who directly or indirectly contests this Will or any Trust created herein shall forfeit all interests provided, and such interests shall pass as if the contesting beneficiary predeceased Testator without Issue. A good-faith request for construction or interpretation shall not constitute a contest.

9. GOVERNING LAW; VENUE; REMEDIES

9.1 Governing Law. This Will and any Trust hereunder shall be governed by the substantive and procedural laws of North Carolina.

9.2 Exclusive Venue. All matters shall be heard exclusively in the [COUNTY] County Probate Court (Superior Court Division).

9.3 Injunctive Relief. Beneficiaries may seek injunctive relief in the Probate Court to compel or restrain Trustee action. Jury trial is unavailable in probate proceedings.

10. GENERAL PROVISIONS

10.1 Survivorship. A beneficiary must survive Testator by 120 hours, as provided in N.C. Gen. Stat. § 28A-24-1, unless this Will expressly states otherwise.

10.2 Simultaneous Death. The provisions of the North Carolina Revised Uniform Simultaneous Death Act apply.

10.3 Headings. Headings are for convenience only and do not affect interpretation.

10.4 Severability. If any provision is unenforceable, the remaining provisions shall be given effect to the fullest extent permitted by law.

10.5 Integration. This Will constitutes Testator’s entire testamentary plan except as otherwise validly incorporated.

10.6 Facsimile / Electronic Signatures. Electronic or scanned signatures of the Testator and witnesses shall be effective only to the extent permitted by N.C. Gen. Stat. § 10B-188 and any successor electronic-wills statute.

11. EXECUTION BLOCK

[// GUIDANCE: North Carolina requires TWO disinterested witnesses who subscribe in the Testator’s presence. For self-proving status, add the notarial affidavit immediately below the witness attestation.]

11.1 Attestation

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], the Testator, sign my name to this Will on the date written below, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my Last Will and Testament, that I sign it willingly, that I execute it as my free and voluntary act for the purposes herein expressed, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

Date: ____

[TESTATOR FULL LEGAL NAME], Testator

We, [WITNESS #1 NAME] and [WITNESS #2 NAME], have signed below as witnesses, declaring that the Testator signed and executed this instrument as his/her Will, that the Testator signed it willingly or willingly directed another to sign for him/her, that we each sign this Will as witness in the presence of the Testator and each other, and that, to the best of our knowledge, the Testator is eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

Witness #1:
Signature: _____
Printed Name: ___
Address: ____

Witness #2:
Signature: _____
Printed Name: ___
Address: ____

11.2 Self-Proving Affidavit (Optional but Recommended)

STATE OF NORTH CAROLINA )
COUNTY OF _______ )

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], known to me to be the Testator and the witnesses, respectively, whose names are signed to the attached instrument and, all being duly sworn, declared to me that the Testator willingly signed and executed the instrument as his/her Will (or willingly directed another to sign for him/her), that the witnesses signed the Will as witnesses in the presence of the Testator and of each other, and that to the best of their knowledge the Testator was at least eighteen (18) years of age, of sound mind, and under no constraint or undue influence.

Subscribed and sworn before me on this _ day of __, 20___.

Notary Public
My Commission Expires: ___

[// GUIDANCE: Attach any separate tangible personal property memorandum or schedules of specific gifts. Obtain legal review for estate tax optimization, marital deduction planning, and coordination with existing non-probate transfers (e.g., beneficiary designations, joint accounts, TOD deeds).]