COMPLEX LAST WILL AND TESTAMENT
with Integrated Testamentary Trust
State of New Hampshire
[// GUIDANCE: This template is drafted to comply with New Hampshire probate and trust law, including the New Hampshire Uniform Trust Code (RSA 564-B) and statutory will-execution requirements (RSA 551). Replace every bracketed [PLACEHOLDER] with client-specific information and delete all guidance comments before finalizing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Testamentary Dispositions (Operative Provisions)
3.1 Revocation of Prior Instruments
3.2 Family Identification
3.3 Payment of Debts, Expenses, and Taxes
3.4 Specific, Demonstrative, and General Bequests
3.5 Residuary Disposition and Pour-Over to Trust - Testamentary Trust Provisions
4.1 Creation and Name of Trust
4.2 Intent; Separate Share Accounting
4.3 Trustee Appointment, Acceptance, and Succession
4.4 Trustee Powers and Duties
4.5 Fiduciary Standards and Exculpation
4.6 Beneficiary Classes and Distribution Standards
4.7 Termination and Final Distribution - Risk Allocation
- Dispute Resolution
- General Provisions
- Execution, Attestation, and Self-Proving Affidavit
1. DOCUMENT HEADER
This Last Will and Testament (the “Will”) is executed on this ___ day of _, 20 (the “Effective Date”), by [TESTATOR FULL LEGAL NAME], residing at [TESTATOR ADDRESS] (the “Testator”), to dispose of Testator’s property at death, nominate fiduciaries, and create a testamentary trust to be administered in accordance with the laws of the State of New Hampshire.
2. DEFINITIONS
For purposes of this Will, the following terms have the meanings set forth below:
“Administration Expenses” – All costs, debts, and obligations of Testator’s estate, including, without limitation, funeral expenses, estate taxes, and expenses of administration.
“Code” – The Internal Revenue Code of 1986, as amended.
“Descendants” – Lineal descendants by blood or adoption, per capita at each generation.
“Discretionary Distribution” – A distribution the Trustee may make, but is not required to make, in the Trustee’s sole and absolute discretion.
“Fiduciary” – Each Personal Representative, Trustee, Co-Trustee, or Successor Trustee serving under this Will.
“Personal Representative” – The person or institution appointed in Section 3.1.
“Primary Beneficiary(ies)” – The individual(s) identified in Section 4.6(A).
“Residue” – All property remaining after satisfaction of Sections 3.3 and 3.4.
“Trust” – The testamentary trust established under Article 4 and any separate share or resulting trust created thereunder.
“Trustee” – The individual or corporate trustee appointed under Section 4.3.
[// GUIDANCE: Insert additional defined terms as needed to match estate plan complexity.]
3. TESTAMENTARY DISPOSITIONS (OPERATIVE PROVISIONS)
3.1 Revocation of Prior Instruments
I hereby revoke all prior wills and codicils.
3.2 Family Identification
I am currently [MARRIED/UNMARRIED] to [SPOUSE NAME] (the “Spouse”).
I have the following children: [CHILD NAME(S)]. No other living or deceased children or issue are intentionally omitted except as expressly stated.
3.3 Payment of Debts, Expenses, and Taxes
A. The Personal Representative shall pay all Administration Expenses from the Residue, except those secured by real property, which shall be paid, assumed, or refinanced in the Personal Representative’s discretion.
B. Estate, inheritance, and similar taxes attributable to property passing under this Will or outside it, except those payable from a trust that is not part of the Residue, shall be paid from the Residue without apportionment.
3.4 Specific, Demonstrative, and General Bequests
A. Tangible Personal Property. I give my tangible personal property in accordance with a written statement signed and dated by me under RSA 551:13, if such statement exists at my death.
B. Specific Bequests.
1. [BENEFICIARY NAME] – [DESCRIPTION OF PROPERTY OR AMOUNT].
2. […]
C. Lapse. Property subject to a failed bequest shall pass to the Residuary Estate unless a contrary intention appears.
[// GUIDANCE: Insert ad hoc conditional gifts (e.g., education funds) as needed.]
3.5 Residuary Disposition and Pour-Over to Trust
I give the Residue to the Trustee, IN TRUST, to be held, managed, and distributed as set forth in Article 4.
4. TESTAMENTARY TRUST PROVISIONS
4.1 Creation and Name of Trust
Upon my death, the “[TESTATOR NAME] Testamentary Trust” (the “Trust”) is hereby created. The Trust shall be irrevocable and governed by New Hampshire law.
4.2 Intent; Separate Share Accounting
A. Intent. The Trust is intended to:
1. Provide for the health, education, maintenance, and support (“HEMS”) of my descendants;
2. Preserve assets for future generations; and
3. Confer on the Trustee the maximum discretion permitted under RSA 564-B, subject to the standards herein.
B. Separate Shares. The Trustee shall maintain separate fractional shares for each Primary Beneficiary, except as otherwise provided in Section 4.6(C).
4.3 Trustee Appointment, Acceptance, and Succession
A. Initial Trustee: [INITIAL TRUSTEE NAME].
B. Successor Trustee: [SUCCESSOR TRUSTEE NAME]; if unable or unwilling, [FURTHER SUCCESSOR].
C. Acceptance. A Successor Trustee shall assume office by executing a written acceptance delivered to the beneficiaries and the Probate Court.
D. Resignation or Removal. A Trustee may resign upon 30-day written notice to the adult beneficiaries and any co-trustees. The Probate Court may remove a Trustee for cause consistent with RSA 564-B:7-706.
4.4 Trustee Powers and Duties
A. Statutory Powers. The Trustee shall have all powers granted to trustees under RSA 564-B:8, including, without limitation, to retain assets, invest, reinvest, lease, borrow, encumber, and distribute principal or income.
B. Delegation. The Trustee may delegate investment functions in accordance with the Uniform Prudent Investor Act.
C. Accounting. Annual accounts shall be delivered to the adult current beneficiaries and to any minor or incapacitated beneficiary’s guardian or conservator.
4.5 Fiduciary Standards and Exculpation
A. Standard of Care. The Trustee shall administer the Trust in good faith, in accordance with its terms and the interests of the beneficiaries, and in conformance with RSA 564-B and RSA 564-A (Prudent Investor).
B. Exculpation. Absent reckless indifference or intentional misconduct, the Trustee’s liability to any person other than the Trust shall be limited to the assets comprising the Trust at the time of the breach.
C. Indemnity. The Trust shall indemnify the Trustee against all claims, costs, and liabilities reasonably incurred in the good-faith administration of the Trust, and such indemnity shall be limited to Trust assets.
4.6 Beneficiary Classes and Distribution Standards
A. Primary Beneficiaries. Each child of mine then living, and the descendants, per stirpes, of any deceased child.
B. Distributions During Lifetime of Primary Beneficiary. The Trustee may make Discretionary Distributions for HEMS. The Trustee may consider external resources but is not required to equalize distributions among beneficiaries.
C. Termination. A Primary Beneficiary’s share shall terminate upon the earliest to occur of:
1. That beneficiary attaining age [AGE, e.g., 30]; or
2. The Trust corpus for that beneficiary falling below [$THRESHOLD], in which event the Trustee shall distribute outright.
D. Spendthrift. All Trust interests are held subject to a spendthrift clause as allowed under RSA 564-B:5-502.
4.7 Termination and Final Distribution
Upon the death of the last Primary Beneficiary, or upon earlier termination under Section 4.6(C), the remaining corpus shall be distributed per stirpes to my then-living descendants, or, if none, to [TAKERS-IN-DEFAULT].
5. RISK ALLOCATION
A. Indemnification of Personal Representative. The Personal Representative shall be indemnified from Estate assets to the fullest extent allowed by law.
B. Trustee Indemnification. See Section 4.5(C).
C. Limitation of Liability. In no event shall any Fiduciary be liable personally in excess of the assets over which the Fiduciary then has control.
6. DISPUTE RESOLUTION
A. Governing Law. This Will and the Trust shall be construed and enforced in accordance with the laws of the State of New Hampshire.
B. Exclusive Forum. Any proceeding concerning this Will or Trust shall be brought exclusively in the Probate Division of the New Hampshire Circuit Court having jurisdiction over the Estate.
C. Jury Waiver. To the extent a jury trial might otherwise be available, all parties knowingly and voluntarily waive the same for any matter arising under this Will or Trust.
D. Injunctive Relief. The Probate Court may issue temporary, preliminary, and permanent injunctive relief to enforce Trust provisions and to protect Trust assets.
E. Arbitration. Arbitration is expressly disclaimed and shall not apply.
7. GENERAL PROVISIONS
A. No-Contest Clause. Any beneficiary who directly or indirectly contests this Will or Trust shall forfeit his or her beneficial interest, which shall be added to the Residue.
B. Survivorship Requirement. A beneficiary must survive me by 120 hours to take under this Will, unless otherwise clearly provided herein.
C. Digital Assets. The Personal Representative and Trustee shall have authority to access, manage, and dispose of my digital assets and digital accounts, subject to the Revised Uniform Fiduciary Access to Digital Assets Act (RSA 554-A).
D. Simultaneous Death. Determinations shall be made under RSA 563:4 (Uniform Simultaneous Death Act).
E. Severability. If any provision is held invalid, the remaining provisions shall remain fully enforceable.
F. Headings. Headings are for convenience only and do not affect interpretation.
G. Integration. This Will, including any written statement referenced in Section 3.4(A), constitutes the entire expression of my testamentary intent.
8. EXECUTION, ATTESTATION, AND SELF-PROVING AFFIDAVIT
IN WITNESS WHEREOF, I, [TESTATOR NAME], have set my hand on the date first written above, declaring this instrument to be my Last Will and Testament.
[TESTATOR NAME], Testator
ATTESTATION
Signed, published, and declared by [TESTATOR NAME] as Testator’s Last Will and Testament, in our presence, and we, in Testator’s presence and in the presence of each other, have hereunto subscribed our names as witnesses this ___ day of _, 20.
-
[WITNESS #1 NAME]
Address: ___ -
[WITNESS #2 NAME]
Address: ___
SELF-PROVING AFFIDAVIT
State of New Hampshire
County of ____
We, the undersigned Testator and witnesses, being first duly sworn, do hereby declare under oath that: (a) the Testator executed the foregoing Will as Testator’s free and voluntary act for the purposes therein expressed; (b) each witness, in the presence of the Testator and of each other, signed the Will as a witness; and (c) to the best of the knowledge of each witness, the Testator was at least eighteen (18) years of age, of sound mind, and under no undue influence.
[TESTATOR NAME], Testator
[WITNESS #1 NAME], Witness
[WITNESS #2 NAME], Witness
Subscribed and sworn before me this ___ day of _, 20.
Notary Public / Justice of the Peace
My Commission Expires: ____
[// GUIDANCE: Attach separate trustee acceptance forms, asset schedules, or guardianship nominations as required. Review NH RSA 551 witness formalities and RSA 551:2-a for statutory self-proving language prior to execution. Confirm whether additional fiduciary bonds are to be waived or required pursuant to client instructions.]