LAST WILL AND TESTAMENT
of
[TESTATOR FULL LEGAL NAME]
State of Nebraska
Effective Date: [EFFECTIVE DATE]
[// GUIDANCE: This template is drafted to comply with Nebraska Revised Statutes, including the Nebraska Probate Code (Neb. Rev. Stat. § 30-2201 et seq.) and the Nebraska Uniform Trust Code (Neb. Rev. Stat. § 30-3801 et seq.). Bracketed items must be completed or revised by counsel prior to execution. Numbering assumes no sections are removed; re-number if you add/delete articles.]
TABLE OF CONTENTS
- Document Header & Recitals
- Definitions
- Revocation of Prior Instruments
- Appointment of Personal Representative
- Payment of Debts, Expenses & Taxes
- Specific Bequests & Devises
- Residuary Clause & Creation of Testamentary Trust
- Testamentary Trust — Administration & Distribution
- Fiduciary Provisions
- Guardianship of Minor Children
- No-Contest Clause
- Governing Law, Forum & Miscellaneous
- Execution, Attestation & Self-Proving Affidavit
1. DOCUMENT HEADER & RECITALS
1.1 Identification. I, [TESTATOR FULL LEGAL NAME], presently residing at [TESTATOR ADDRESS], being of lawful age and of sound mind, hereby declare this instrument to be my Last Will and Testament (“Will”).
1.2 Family Status.
(a) Spouse: [SPOUSE NAME or “None”]
(b) Children: [CHILDREN NAMES or “None”]
(c) Other Dependents: [DEPENDENT NAMES or “None”]
1.3 Intent. This Will disposes of all property over which I have testamentary power at my death, establishes one or more testamentary trusts, and makes all other directions herein.
2. DEFINITIONS
Unless the context clearly indicates otherwise, the following terms have the meanings set forth below:
“Affiliate” – Any entity controlling, controlled by, or under common control with a fiduciary.
“Code” – The Internal Revenue Code of 1986, as amended.
“Descendants” – Lineal descendants by blood or legal adoption, per stirpes.
“Disability” – A determination of incapacity under Neb. Rev. Stat. § 30-2602(5).
“Estate” – The probate estate of the Testator.
“Personal Representative” – The person qualifying under Article 4.
“Trust” – The testamentary trust(s) established under Article 7.
“Trustee” – The trustee(s) appointed under Article 8.
[Add further definitions as required]
3. REVOCATION OF PRIOR INSTRUMENTS
3.1 Revocation. I hereby revoke all prior wills and codicils. Any beneficiary designations or non-probate transfers made during my lifetime remain unaffected unless expressly revoked.
4. APPOINTMENT OF PERSONAL REPRESENTATIVE
4.1 Designation. I nominate [PRIMARY PR NAME] as Personal Representative. If s/he is unable or unwilling to serve, I nominate [SUCCESSOR PR NAME].
4.2 Independent Administration. My Personal Representative may act independently, without court supervision or bond, to the fullest extent permitted by Neb. Rev. Stat. § 30-2464.
4.3 Powers. In addition to powers granted by law, my Personal Representative may, without order of court, exercise all powers listed in Neb. Rev. Stat. § 30-24,124 and any successor statute.
5. PAYMENT OF DEBTS, EXPENSES & TAXES
5.1 Obligations. My Personal Representative shall pay all enforceable debts, administration expenses, and estate taxes from the estate residue, except as otherwise provided.
5.2 Tax Allocation. All estate and inheritance taxes attributable to property disposed of by this Will or otherwise shall be apportioned in accordance with Treas. Reg. § 20.2207-1, unless a governing instrument provides otherwise.
[// GUIDANCE: Consider adding special tax-allocation language for large, multi-jurisdictional estates.]
6. SPECIFIC BEQUESTS & DEVISES
6.1 Tangible Personal Property. I bequeath my tangible personal property in accordance with any written statement prepared under Neb. Rev. Stat. § 30-2337, or, absent such statement, to [NAME].
6.2 Cash Bequests.
(a) [BENEFICIARY NAME] – $[AMOUNT].
(b) [BENEFICIARY NAME] – $[AMOUNT].
6.3 Real Property. I devise my real property located at [LEGAL DESCRIPTION OR ADDRESS] to [BENEFICIARY NAME], subject to any encumbrances of record.
[// GUIDANCE: Insert or delete sub-articles as needed; renumber accordingly.]
7. RESIDUARY CLAUSE & CREATION OF TESTAMENTARY TRUST
7.1 Transfer to Trust. All the rest, residue, and remainder of my estate, including lapsed legacies, shall pour over into the trust established in Article 8 (the “Family Trust”) to be held, administered, and distributed as set forth therein.
8. TESTAMENTARY TRUST — ADMINISTRATION & DISTRIBUTION
8.1 Name & Funding. This trust shall be known as the [FAMILY TRUST NAME], and shall be funded with property passing under Article 7, any non-probate assets payable to the Trustee, and any additional property the Trustee accepts.
8.2 Trustee Designation.
(a) Primary Trustee: [PRIMARY TRUSTEE NAME].
(b) Successor Trustee(s): [SUCCESSOR TRUSTEE NAME(S)] in the order listed.
8.3 Beneficiaries.
(a) Income Beneficiaries: [BENEFICIARY CLASS].
(b) Remainder Beneficiaries: [BENEFICIARY CLASS].
8.4 Distributions.
(a) Mandatory Distributions. The Trustee shall distribute net income [annually/quarterly] to or for the benefit of the Income Beneficiaries.
(b) Discretionary Principal. The Trustee may distribute principal for beneficiaries’ health, education, maintenance, or support (“HEMS standard”).
(c) Staggered Termination. Upon the youngest beneficiary attaining age [AGE], the Trust shall terminate and the remaining principal shall be distributed outright to the Remainder Beneficiaries, per stirpes.
8.5 Spendthrift. Beneficial interests shall not be voluntarily or involuntarily transferred, alienated, or subjected to creditor claims, consistent with Neb. Rev. Stat. § 30-3850.
8.6 Trust Administration; Prudent Investor. The Trustee shall administer the Trust in good faith, in accordance with its terms, the interests of the beneficiaries, and the Nebraska Uniform Trust Code. The Trustee shall invest assets pursuant to the Prudent Investor Rule, Neb. Rev. Stat. § 30-3883 et seq.
8.7 Trustee Powers. The Trustee may exercise without court order all powers under Neb. Rev. Stat. § 30-38,105, including to:
(i) buy, sell, or exchange assets;
(ii) borrow and encumber trust property;
(iii) employ professionals;
(iv) allocate receipts and disbursements between principal and income;
(v) merge or divide trusts where beneficial.
9. FIDUCIARY PROVISIONS
9.1 Fiduciary Standard. A fiduciary shall act with the care, skill, and prudence of a prudent person familiar with such matters.
9.2 Indemnification. To the fullest extent permitted by law, each fiduciary shall be indemnified from the trust or estate assets against all claims, liabilities, and expenses, except for losses resulting from the fiduciary’s willful misconduct or gross negligence.
9.3 Liability Cap. A fiduciary’s liability shall be limited to the value of the assets held in such fiduciary capacity (“trust assets”), excluding personal assets, absent a final judicial finding of willful misconduct or gross negligence.
9.4 Exoneration. No fiduciary shall be liable for relying in good faith on any document believed authentic or any professional opinion.
9.5 Bond Waiver. No fiduciary shall be required to post bond unless a court of competent jurisdiction orders otherwise.
10. GUARDIANSHIP OF MINOR CHILDREN
10.1 Nomination. If at my death any of my children are minors, I nominate [PRIMARY GUARDIAN NAME] as guardian of the person and estate of such minor children. Alternate: [ALTERNATE GUARDIAN NAME].
10.2 Bond Waiver. I waive any bond requirement for a guardian so nominated.
11. NO-CONTEST CLAUSE
11.1 Penalty for Contest. If any beneficiary directly or indirectly contests this Will or any trust created hereunder, any share otherwise allocated to that beneficiary shall lapse and pass to the Residuary Beneficiaries, as though the contesting beneficiary had predeceased me.
[// GUIDANCE: Nebraska recognizes penalty clauses but will not enforce them against probable-cause challengers. See Neb. Rev. Stat. § 30-3859.]
12. GOVERNING LAW, FORUM & MISCELLANEOUS
12.1 Governing Law. This Will and any trust arising hereunder shall be governed by, and construed in accordance with, the laws of the State of Nebraska.
12.2 Forum Selection. Exclusive jurisdiction over all probate and trust matters shall lie with the [COUNTY] County Court, Nebraska (state probate court).
12.3 Arbitration. Arbitration of probate matters is not available under current Nebraska law; nothing herein shall be construed as mandating arbitration.
12.4 Injunctive Relief. Courts of competent jurisdiction may issue temporary, preliminary, or permanent injunctive relief to enforce the Trust.
12.5 Severability. Should any provision be invalid, the remaining provisions shall remain in full force.
12.6 Headings. Headings are for convenience only and do not affect interpretation.
12.7 Gender & Number. Words of any gender include all genders; words in the singular include the plural and vice versa.
12.8 Counterparts & Electronic Signatures. This Will may be executed in counterparts and, to the extent permitted by law, by counterparts bearing electronic signatures.
13. EXECUTION, ATTESTATION & SELF-PROVING AFFIDAVIT
[// GUIDANCE: Nebraska requires two competent witnesses who subscribe in the Testator’s presence. To make the Will self-proved, include the statutory affidavit below and have it notarized.]
13.1 Signature of Testator
I, [TESTATOR FULL LEGAL NAME], sign my name to this Will on the date written below and declare that I sign it willingly, that I am of legal age to make this Will, and that I execute it as my free and voluntary act.
Date: ______
[TESTATOR FULL LEGAL NAME], Testator
13.2 Attestation of Witnesses
We, the undersigned, being present at the same time, affirm that the Testator signed and acknowledged this Will in our presence, and that we signed below as witnesses in the Testator’s presence and in the presence of each other. We are each at least eighteen years old and of sound mind.
| Witness | Signature | Printed Name | Address | Date |
|---|---|---|---|---|
| 1 | ___ | ___ | ___ | ____ |
| 2 | ___ | ___ | ___ | ____ |
13.3 Self-Proving Affidavit
State of Nebraska )
: ss. )
County of ___)
We, [TESTATOR], [WITNESS 1], and [WITNESS 2], being first duly sworn, do hereby declare to the undersigned authority that the Testator signed the foregoing Will willingly, and that each witness, in the presence of the Testator and of each other, signed the Will as witness; that to the best of our knowledge the Testator is eighteen (18) years of age or older, of sound mind, and not acting under duress, fraud, or undue influence.
_____ Testator
____ Witness 1
______ Witness 2
Subscribed, sworn to, and acknowledged before me by [TESTATOR], and subscribed and sworn to before me by [WITNESS 1] and [WITNESS 2], this _ day of __, 20____.
Notary Public
(Seal)
My commission expires: ______
[// GUIDANCE: Counsel should ensure proper execution formalities, update statutory references if amended, and consider supplemental provisions (e.g., digital assets, pets trust, charitable bequests) as client circumstances require.]