LAST WILL AND TESTAMENT

of

[TESTATOR FULL LEGAL NAME]

(Drafted for compliance with the laws of the State of Ohio, including Ohio Rev. Code § 2107.03 (execution of wills) and Title 58 (Ohio Trust Code).)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Declaratory & Operative Provisions
   3.1 Revocation of Prior Wills
   3.2 Family Information
   3.3 Payment of Debts, Expenses, and Taxes
   3.4 Specific Bequests
   3.5 Residuary Estate & Creation of Testamentary Trust
4. Testamentary Trust Provisions
   4.1 Name & Purpose of Trust
   4.2 Appointment of Trustees & Successor Trustees
   4.3 Trustee Powers & Administrative Provisions
   4.4 Distribution Standards
   4.5 Termination of Trust
   4.6 Trustee Compensation, Indemnification & Liability Limitation
5. Fiduciary & Administrative Provisions
   5.1 Appointment of Executor
   5.2 Fiduciary Standards & Exculpation
   5.3 Spendthrift & Creditor Protection
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Self-Proving Affidavit (Optional but Recommended)

1. DOCUMENT HEADER

1.1 Testator Identification. I, [TESTATOR FULL LEGAL NAME], presently residing at [ADDRESS], being of sound mind and over eighteen (18) years of age, hereby declare this to be my Last Will and Testament (“Will”), revoking all prior wills and codicils.

1.2 Effective Date. This Will shall be effective upon my death.

1.3 Governing Law. This Will and any testamentary trust created herein shall be governed by and construed in accordance with the laws of the State of Ohio (“OH”).

[// GUIDANCE: Ohio does not permit choice-of-law clauses that override mandatory probate rules. Governing law statement confirms intent but cannot avoid mandatory OH probate jurisdiction.]

2. DEFINITIONS

For ease of reference, the following terms shall have the meanings set forth below. Capitalized terms used in one Article have the same meaning wherever used elsewhere in this Will.

“Administrator” – A court-appointed personal representative if no Executor qualifies.

“Beneficiary(ies)” – Those persons or entities entitled to receive distributions under this Will and/or the Testamentary Trust.

“Child(ren)” – My lineal descendants in the first degree (whether born or adopted during my lifetime or posthumously) but excluding step-children, unless expressly included.

“Code” – The Internal Revenue Code of 1986, as amended.

“Executor” – The person(s) named in Section 5.1 to administer my estate.

“Fiduciary” – The Executor, Trustee, Successor Trustee, or any person serving in a fiduciary capacity under this Will.

“Residual Estate” – All property passing under this Will that is not otherwise effectively disposed of by prior Articles.

“Trust” – The testamentary trust established in Article 4, referred to as the [NAME OF TRUST].

“Trustee” – Each individual or corporate trustee appointed under Article 4.

[// GUIDANCE: Add or delete definitions as required during customization.]

3. DECLARATORY & OPERATIVE PROVISIONS

3.1 Revocation of Prior Wills

I hereby revoke all prior wills, codicils, and testamentary dispositions.

3.2 Family Information

I am married to [SPOUSE NAME] (“Spouse”). We have [NUMBER] child(ren): [NAME(S) OF CHILDREN].

3.3 Payment of Debts, Expenses, and Taxes

(a) All legally enforceable debts, funeral expenses, and expenses of last illness shall be paid out of my Residual Estate.
(b) All estate, inheritance, and similar transfer taxes shall be paid [choose: from the Residual Estate / charged proportionately to each share] without apportionment.

3.4 Specific Bequests

I give the following property, free of all debts and encumbrances (except real estate taxes accruing after my death), to the beneficiaries listed:

1. [DESCRIPTION OF PROPERTY] to [BENEFICIARY].
2. [Repeat as needed].

If any specific beneficiary predeceases me, his or her gift shall lapse and pass to the Residuary Estate unless otherwise provided.

3.5 Residuary Estate & Creation of Testamentary Trust

All property not effectively disposed of above shall pour over to, and constitute the corpus of, the [NAME OF TRUST], to be held, administered, and distributed in accordance with Article 4.

4. TESTAMENTARY TRUST PROVISIONS

4.1 Name & Purpose

This trust shall be known as the [TESTATOR FULL LEGAL NAME] FAMILY TRUST (“Trust”) and is established for the primary benefit of my [DESIGNATED CLASS, e.g., children], to provide for their health, education, maintenance, and support, and for such other purposes as set forth herein.

[// GUIDANCE: Ohio adopts the Uniform Trust Code. Testamentary trusts are subject to probate court oversight and, after funding, to ongoing jurisdiction per ORC Title 58.]

4.2 Appointment of Trustees

(a) Initial Trustee. I appoint [TRUSTEE NAME & ADDRESS] as Trustee.
(b) Successor Trustee(s). If the Initial Trustee is unable or unwilling to serve, [SUCCESSOR NAME] shall serve.
(c) Corporate Trustee Option. If no individual Trustee is willing or able, [NAMED TRUST COMPANY] may serve, subject to reasonable compensation.

4.3 Trustee Powers & Administrative Provisions

In addition to powers granted under Ohio law (including, without limitation, those in Ohio Rev. Code Title 58) and any common-law powers, the Trustee shall have the power to:

1. Invest and reinvest Trust assets, including in mutual funds and common trust funds.
2. Retain non-income-producing assets where prudent.
3. Sell, exchange, lease, or option real and personal property.
4. Borrow funds and encumber Trust assets as security.
5. Distribute income and principal in cash or in kind, pro rata or non-pro rata.
6. Employ and reasonably compensate advisors, agents, and custodians.
7. Merge or divide trusts for administrative convenience.

[// GUIDANCE: Modify powers to align with client’s investment philosophy while remaining within ORC §§ 5808.01-.18 fiduciary standards.]

4.4 Distribution Standards

(a) Mandatory Distribution Events. Upon the earliest to occur of the Beneficiary’s attaining age [AGE] or any subsequent age milestones set forth below, the Trustee shall distribute the following percentages of the then-remaining principal:

• [__]% at age [AGE 1]
• [__]% at age [AGE 2]
• Balance at age [AGE 3]

(b) Discretionary Distributions. Prior to full termination, the Trustee may distribute income and principal for the Beneficiary’s health, education, maintenance, and support (“HEMS Standard”).

(c) Spendthrift Provision. No Beneficiary may assign, anticipate, pledge, or encumber his or her interest, and Trust assets shall not be subject to the claims of creditors, spouses, or others.

(d) Distributions on Incapacity. If a Beneficiary is incapacitated, the Trustee may apply distributions for the Beneficiary’s benefit or to a custodian under the Ohio Transfers to Minors Act.

4.5 Termination of Trust

The Trust shall terminate upon the final distribution described in Section 4.4(a) or earlier if the Trustee, in its discretion and with probate-court approval, determines that the Trust’s corpus is insufficient to justify continuation.

4.6 Trustee Compensation, Indemnification & Liability Limitation

(a) Compensation. The Trustee shall be entitled to reasonable compensation in accordance with prevailing fiduciary fee schedules or as approved by the probate court.
(b) Reimbursement. The Trustee may reimburse itself from Trust assets for properly incurred expenses.
(c) Indemnification. The Trustee and its agents shall be indemnified and held harmless from any loss, liability, or expense (including attorney fees) arising out of the proper administration of the Trust, except for losses resulting from the Trustee’s willful misconduct or gross negligence.
(d) Liability Cap. Any liability of the Trustee shall be strictly limited to Trust assets; no Trustee shall be personally liable beyond the assets in its possession or control.

[// GUIDANCE: Section 4.6 reflects “trustee_indemnity” and “trust_assets” liability cap metadata.]

5. FIDUCIARY & ADMINISTRATIVE PROVISIONS

5.1 Appointment of Executor

I nominate [EXECUTOR NAME & ADDRESS] as Executor of my estate. If [HE/SHE] fails to qualify, [SUCCESSOR EXECUTOR NAME] shall serve.

5.2 Fiduciary Standards & Exculpation

Each Fiduciary shall exercise the judgment and care under the prudent-investor rule (Ohio Rev. Code § 5808.04), and shall not be liable for any act or omission except for willful misconduct or gross negligence.

5.3 Spendthrift & Creditor Protection

All interests under this Will are subject to spendthrift restrictions to the maximum extent permitted by OH law. No interest shall be transferable or subject to attachment prior to actual distribution.

6. DEFAULT & REMEDIES

(a) Removal for Cause. Any Fiduciary may be removed by the probate court, on petition by an interested party, for breach of fiduciary duty, incapacity, or persistent failure to perform.
(b) Notice & Cure. Except in emergencies, a 30-day written notice and opportunity to cure shall precede removal.
(c) Graduated Remedies. The probate court may order accounting, injunctive relief, surcharge, or other equitable remedies to enforce the Trust and estate administration.

7. RISK ALLOCATION

(a) Indemnification. See Sections 4.6 and 5.2.
(b) Insurance. A Fiduciary may maintain liability insurance payable from Trust or estate assets.
(c) Force Majeure. No Fiduciary shall be liable for delays or failures caused by acts of God, war, pandemic, or other events beyond reasonable control, provided the Fiduciary acts with reasonable diligence to mitigate.

8. DISPUTE RESOLUTION

(a) Governing Law. This Will and the Trust shall be governed by the laws of the State of Ohio.
(b) Forum Selection. Exclusive jurisdiction and venue shall lie in the probate division of the [COUNTY NAME] County Court of Common Pleas, Ohio.
(c) Arbitration. Arbitration is expressly disclaimed and shall not apply.
(d) Jury Waiver. Jury trials are not available in probate matters under OH law; disputes shall be tried to the probate court.
(e) Injunctive Relief. The probate court shall retain equitable jurisdiction to issue orders necessary to enforce the Trust and protect Beneficiaries.

9. GENERAL PROVISIONS

9.1 Amendment & Revocation. I reserve the right to amend or revoke this Will in whole or in part as permitted by law.

9.2 No Contest Clause. If any Beneficiary contests this Will or any Trust created herein, directly or indirectly, such Beneficiary’s interest shall lapse and pass to the Residuary Estate as though the Beneficiary predeceased me.

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

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

9.5 Integration. This document constitutes my entire Will, superseding all prior testamentary instruments.

9.6 Digital Assets. The Executor and Trustee shall have authority to access, manage, and distribute my digital assets in accordance with the Revised Uniform Fiduciary Access to Digital Assets Act (Ohio Rev. Code Chapter 2137).

10. EXECUTION BLOCK

IN WITNESS WHEREOF, I have hereunto subscribed my name on this [DAY] day of [MONTH, YEAR].

[TESTATOR FULL LEGAL NAME], Testator

We, the undersigned witnesses, hereby certify that the Testator signed this instrument in our presence, declared it to be his/her Last Will and Testament, and that we, at the Testator’s request, in the Testator’s presence and in the presence of each other, have subscribed our names as witnesses.

[// GUIDANCE: Ohio law requires two competent witnesses. Ensure witnesses are disinterested to avoid voiding bequests to them.]

11. SELF-PROVING AFFIDAVIT

(Ohio Rev. Code § 2107.03 allows but does not require a self-proving affidavit.)

State of Ohio )
County of [COUNTY]) SS:

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], Testator, and [WITNESS NAME] and [WITNESS NAME], Witnesses, all personally known to me, and being duly sworn declared that the Testator executed the foregoing Will, that each Witness was at least eighteen (18) years of age, and that the execution complied with Ohio law.

Notary Public, State of Ohio
My Commission Expires: _

[Seal]

[// GUIDANCE: File the Will with the probate court after death; do not file during Testator’s lifetime. Review regularly for life changes, tax law updates, or asset variations.]