LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

(A Complex Will Creating a Testamentary Trust Compliant with New Jersey Law)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Revocation of Prior Instruments
4. Family Identification & Statement of Intent
5. Appointment of Personal Representative (Executor)
6. Payment of Debts, Expenses & Taxes
7. Specific Bequests
8. Residuary Clause & Creation of the [TRUST NAME] Testamentary Trust
9. Testamentary Trust Provisions
   9.1. Funding and Purpose
   9.2. Beneficiaries & Distribution Standards
   9.3. Trustee Powers & Fiduciary Standards
   9.4. Trustee Appointment, Removal, Resignation & Successors
   9.5. Trustee Compensation, Indemnification & Liability Limitation
   9.6. Trust Administration, Accounting & Reports
   9.7. Spendthrift & Anti-Alienation Protection
   9.8. Termination of Trust
10. Guardianship of Minor Children
11. No-Contest (In Terrorem) Clause
12. Governing Law & Forum Selection
13. General Provisions
14. Execution Block
15. Self-Proving Affidavit (New Jersey Form)

[// GUIDANCE: All bracketed items are user-customizable. Delete guidance comments in final signed version.]

1. DOCUMENT HEADER

1.1 Effective Date. This Last Will and Testament (“Will”) is executed on [DATE] (“Effective Date”) by [TESTATOR FULL LEGAL NAME], residing at [TESTATOR ADDRESS] (“Testator”), who is of legal age, of sound mind, and acting voluntarily.

1.2 Governing Law. This Will shall be governed by and construed in accordance with the laws of the State of New Jersey, including but not limited to the New Jersey Uniform Trust Code (N.J.S.A. 3B:31-1 et seq.) and Title 3B (Administration of Estates).

1.3 Forum Selection. Exclusive jurisdiction for the probate of this Will and all matters arising hereunder shall lie with the Surrogate’s Court or other court of competent probate jurisdiction in [COUNTY], New Jersey.

2. DEFINITIONS

For ease of reference, capitalized terms used herein shall have the meanings ascribed below.

“Accounting Period” – The twelve-month fiscal period ending [MONTH / DAY] of each year, unless the Trustee selects a different period consistent with law.
“Beneficiary” – Any person or entity entitled to receive distributions from the Trust, including contingent and remainder beneficiaries.
“Child” or “Children” – Testator’s biological or legally adopted child or children living at Testator’s death, and any posthumous child conceived before but born after Testator’s death.
“Executor” – The Personal Representative appointed in Section 5 to administer Testator’s probate estate.
“Fiduciary” – An Executor, Trustee, Guardian, or any successor or co-fiduciary serving under this Will.
“Residuary Estate” – All property passing under Section 8 of this Will after satisfaction of Sections 6 and 7.
“Spouse” – [SPOUSE NAME], if living at Testator’s death.
“Trust” – The testamentary trust created under Section 8 and governed by Article 9, known as the “[TRUST NAME] Testamentary Trust.”
“Trustee” – The individual or corporate fiduciary appointed to administer the Trust, including any successor.

3. REVOCATION OF PRIOR INSTRUMENTS

I hereby revoke all prior wills, codicils, and testamentary instruments previously made by me.

4. FAMILY IDENTIFICATION & STATEMENT OF INTENT

4.1 Family Identification. I am married to [SPOUSE NAME] and have the following children: [LIST CHILDREN].

4.2 Testamentary Intent. It is my intention that this Will dispose of all property over which I have testamentary power, provide for my loved ones, and create a Trust to manage and protect assets for the benefit of my Beneficiaries in accordance with New Jersey law.

5. APPOINTMENT OF PERSONAL REPRESENTATIVE (EXECUTOR)

5.1 Appointment. I nominate and appoint [PRIMARY EXECUTOR NAME] as Executor of my estate. If [PRIMARY EXECUTOR NAME] is unable or unwilling to serve, I nominate [SUCCESSOR EXECUTOR NAME] as successor Executor.

5.2 Powers. The Executor shall have all powers granted under New Jersey law and this Will, including without limitation those enumerated in N.J.S.A. 3B:14-23 and Article 9 herein (as incorporated by reference).

5.3 Bond. No bond shall be required of any Executor unless mandated by the court.

6. PAYMENT OF DEBTS, EXPENSES & TAXES

6.1 Debts & Expenses. My Executor shall pay all enforceable debts, funeral expenses, estate administration costs, and expenses of last illness as soon as practicable.

6.2 Taxes. My Executor shall pay, without apportionment, all federal and state estate, inheritance, and similar transfer taxes attributable to property passing under this Will or any non-probate disposition, except as otherwise provided by applicable beneficiary designations.

[// GUIDANCE: Consider tax-apportionment language if client intends beneficiaries to bear their proportional share.]

7. SPECIFIC BEQUESTS

7.1 Tangible Personal Property. I devise and bequeath my tangible personal property in accordance with any written memorandum executed by me contemporaneously or subsequently to this Will, as permitted under N.J.S.A. 3B:3-11.

7.2 Other Specific Bequests. I give the following:
a. [ITEM OR DOLLAR AMOUNT] to [BENEFICIARY NAME].
b. [ITEM OR DOLLAR AMOUNT] to [BENEFICIARY NAME].

Any bequest that fails shall pass to the Residuary Estate.

8. RESIDUARY CLAUSE & CREATION OF THE [TRUST NAME] TESTAMENTARY TRUST

I devise, bequeath, and appoint all the rest, residue, and remainder of my estate, including lapsed legacies, unto the Trustee, IN TRUST, to be held, managed, and distributed as set forth in Article 9.

9. TESTAMENTARY TRUST PROVISIONS

9.1 Funding and Purpose

a. Funding. Upon my death, the Residuary Estate shall pour over into the Trust hereby created.
b. Purpose. The primary purposes of the Trust are: (i) prudent asset management; (ii) creditor protection; and (iii) structured distributions for the health, education, maintenance, and support (“HEMS”) of the Beneficiaries.

9.2 Beneficiaries & Distribution Standards

a. Primary Beneficiaries. My children, in equal shares, shall be the primary Beneficiaries.
b. Discretionary Distributions. The Trustee may, in its sole and absolute discretion, distribute income and principal to or for the benefit of any Beneficiary for HEMS.
c. Mandatory Distributions. Each Beneficiary shall receive [_%] of principal upon attaining age [AGE 1], an additional [_%] upon age [AGE 2], and the remaining balance upon age [AGE 3].
d. Accumulated Income. Any undistributed income shall be added to principal annually.
e. Per Stirpes Survival. If a Beneficiary predeceases final distribution, that Beneficiary’s share shall pass per stirpes to his or her descendants, or, if none, shall be added pro rata to the shares of surviving Beneficiaries.

9.3 Trustee Powers & Fiduciary Standards

a. Statutory Powers. The Trustee shall have all powers granted under the New Jersey Uniform Trust Code and N.J.S.A. 3B:31-69 et seq., including, without limitation, to invest, reinvest, manage, sell, lease, and encumber Trust assets.
b. Prudent Investor Rule. The Trustee shall invest Trust assets in accordance with the prudent investor rule codified in N.J.S.A. 3B:20-11.1 et seq.
c. Delegation. The Trustee may delegate investment and administrative functions consistent with N.J.S.A. 3B:31-57.
d. Conflicts of Interest. Any transaction implicating a potential conflict must satisfy the duty of loyalty and be fully disclosed to all adult Beneficiaries.

9.4 Trustee Appointment, Removal, Resignation & Successors

a. Initial Trustee. I appoint [PRIMARY TRUSTEE NAME] as Trustee.
b. Successor Trustee. If the initial Trustee fails to qualify or ceases to act, [SUCCESSOR TRUSTEE NAME] shall serve.
c. Additional Successors. If no named Trustee is able or willing, a majority of adult Beneficiaries may appoint a corporate fiduciary authorized to do business in New Jersey.
d. Resignation. A Trustee may resign upon [30] days’ written notice to adult Beneficiaries and the next successor Trustee.
e. Removal. A majority of adult Beneficiaries, for cause, may remove a Trustee by written instrument delivered to the Trustee and court of competent jurisdiction.

9.5 Trustee Compensation, Indemnification & Liability Limitation

a. Compensation. The Trustee shall be entitled to reasonable compensation consistent with N.J.S.A. 3B:18-6 et seq., or to the statutory fee schedule then in effect, unless waived in writing.
b. Indemnification. To the fullest extent permitted by law, the Trust shall indemnify and hold harmless any Trustee from and against all liabilities, claims, and expenses, except those arising from the Trustee’s willful misconduct or gross negligence.
c. Liability Cap. Any liability of the Trustee to Beneficiaries or third parties shall be limited to the value of the Trust assets, absent willful misconduct or gross negligence.

9.6 Trust Administration, Accounting & Reports

a. Accounting. The Trustee shall provide at least annual written reports to adult Beneficiaries and guardians of minor Beneficiaries.
b. Court Supervision. The Trust shall be administered free of ongoing court supervision unless required by law or invoked by the Trustee or a Beneficiary under N.J.S.A. 3B:31-71.

9.7 Spendthrift & Anti-Alienation Protection

No interest in the Trust shall be transferable, voluntarily or involuntarily, by any Beneficiary before actual receipt. Trust assets shall be insulated from the claims of creditors to the maximum extent allowed under New Jersey law.

9.8 Termination of Trust

The Trust shall terminate upon the earliest of:
i. Final mandatory distribution under Section 9.2(c);
ii. The death of the last surviving Beneficiary; or
iii. The date on which Trust assets have been fully distributed.
Upon termination, the Trustee shall distribute remaining assets outright to the then-living Beneficiaries in the proportions otherwise provided.

10. GUARDIANSHIP OF MINOR CHILDREN

I nominate [PRIMARY GUARDIAN NAME] as guardian of the person of any minor child of mine, and [ALTERNATE GUARDIAN NAME] as alternate.

11. NO-CONTEST (IN TERROREM) CLAUSE

Should any Beneficiary, directly or indirectly, contest this Will or the Trust, any share otherwise distributable to that individual (and his or her descendants) shall be forfeited and pass to the Residuary Estate for redistribution among the non-contesting Beneficiaries. This clause shall be enforced to the fullest extent permissible under New Jersey law.

12. GOVERNING LAW & FORUM SELECTION

12.1 Governing Law. All matters arising under this Will and the Trust shall be governed by the substantive laws of the State of New Jersey, without regard to its conflict of laws principles.

12.2 Forum Selection. Exclusive venue shall be the Surrogate’s Court or other probate court of [COUNTY], New Jersey.

12.3 Injunctive Relief. Nothing herein shall limit the ability of the Executor or Trustee to seek equitable or injunctive relief from a court of competent jurisdiction to enforce fiduciary duties or Trust provisions.

13. GENERAL PROVISIONS

13.1 Severability. If any provision of this Will is held invalid, the remaining provisions shall remain in full force.

13.2 Headings. Headings are for convenience only and shall not affect interpretation.

13.3 Gender & Number. Words of any gender include all genders; words in singular include the plural and vice versa as the context requires.

13.4 Digital & Counterpart Execution. To the extent permitted by N.J.S.A. 3B:3-2.1 and applicable electronic-wills statutes, counterparts or electronic copies may serve as originals.

14. EXECUTION BLOCK

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], hereby sign this Will on the Effective Date first written above.

[TESTATOR FULL LEGAL NAME], Testator

We, the undersigned witnesses, declare that the Testator voluntarily signed this Will in our presence and that the Testator appears of sound mind and over eighteen (18) years of age.

[WITNESS #1 NAME & ADDRESS] [WITNESS #2 NAME & ADDRESS]
Witness Witness

Date: ______

15. SELF-PROVING AFFIDAVIT

(State of New Jersey – N.J.S.A. 3B:3-4)

State of New Jersey )
County of ____) ss.:

We, [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], being first duly sworn, do hereby declare to the undersigned authority that:

1. The Testator executed the foregoing Will willingly and as the Testator’s free and voluntary act;
2. Each Witness, in the presence of the Testator and of each other, signed the Will as a witness; and
3. To the best of each Witness’s knowledge, the Testator was at least eighteen (18) years of age, of sound mind, and under no constraint or undue influence at the time of execution.

[TESTATOR NAME]

[WITNESS #1 NAME]

[WITNESS #2 NAME]

Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME] on this ___ day of ____, 20__.

Notary Public of New Jersey
My Commission Expires: ____

[// GUIDANCE:
1. Review all placeholders for accuracy and client intent.
2. Confirm beneficiary designations align with non-probate assets to avoid unintended tax consequences.
3. Consider adding generation-skipping transfer (GST) tax language if estate value warrants.
4. For large or complex estates, integrate separate Qualified Terminable Interest Property (QTIP) or Credit Shelter provisions to maximize federal and NJ estate tax exemptions.
5. Ensure compliance with any elective share rights of surviving spouse under N.J.S.A. 3B:8-1 et seq.
6. Witnesses should be disinterested parties to avoid disqualification under N.J.S.A. 3B:3-2.
7. Store executed originals in a secure location and file a copy with the appropriate Surrogate’s Court if desired.]