LAST WILL AND TESTAMENT

AND

TESTAMENTARY TRUST AGREEMENT

OF [TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
  A. Revocation of Prior Instruments
  B. Appointment of Personal Representative
  C. Payment of Debts, Expenses, and Taxes
  D. Specific Bequests
  E. Residuary Estate and Creation of Testamentary Trust
IV. Representations & Warranties
V. Covenants & Restrictions (Fiduciary Standards)
VI. Default & Remedies (Trustee Removal & Successor Provisions)
VII. Risk Allocation (Trustee Indemnification & Liability Caps)
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block – Attestation & Self-Proving Affidavit

[// GUIDANCE: This template is intentionally comprehensive. Attorneys should delete any unused sections and conform numbering before finalization.]

I. DOCUMENT HEADER

1. Title & Parties
   This instrument is the “Last Will and Testament and Testamentary Trust Agreement” (the “Will”) of [TESTATOR FULL LEGAL NAME], currently domiciled at [ADDRESS], County of [COUNTY], State of Oklahoma (“Testator”). The trustees identified herein are parties solely for purposes of accepting the fiduciary obligations imposed by this Will.

2. Recitals
   A. Testator is of legal age, of sound mind, and under no constraint or undue influence.
   B. Testator desires to provide for the disposition of Testator’s estate at death, establish a testamentary trust for the benefit of designated beneficiaries, nominate fiduciaries, and otherwise carry out Testator’s intentions in accordance with Oklahoma law.

3. Effective Date & Governing Law
   This Will is executed on [DATE] (the “Effective Date”) and shall be governed by and construed in accordance with the laws of the State of Oklahoma, including the Oklahoma Probate Code and the Oklahoma Trust Act, 60 Okla. Stat. Ann. § 175.1 et seq.

II. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below. Defined terms apply equally to singular and plural forms.

“Administration Expenses” – All costs of estate and trust administration, including fiduciary compensation, legal and accounting fees, and court costs.

“Beneficiary” – Each person or entity entitled to receive property under this Will or any trust created hereby.

“Children” – The biological or legally adopted children of Testator, whether now living or hereafter born or adopted.

“County Probate Court” – The District Court of [COUNTY], State of Oklahoma, sitting in probate.

“Descendants” or “Issue” – A person’s lineal descendants of all generations, with representation.

“Personal Representative” – The executor, administrator, or other court-appointed personal representative of Testator’s probate estate, whether original, substitute, or successor.

“Per Stirpes” – Distribution in equal shares to the living descendants of the nearest deceased ancestor, by right of representation.

“Primary Trust” – The testamentary trust established under Article III.E (the “Trust”).

“Qualified Trustee” – Any individual or corporate trustee who is not disqualified under applicable law and who accepts the trusteeship of the Trust.

“Spouse” – [SPOUSE NAME], if married to Testator at Testator’s death; references terminate upon legal dissolution of marriage.

III. OPERATIVE PROVISIONS

A. Revocation of Prior Instruments

All prior wills and codicils executed by Testator are hereby revoked.

B. Appointment of Personal Representative

1. Primary Nominee – Testator nominates [PRIMARY EXECUTOR NAME] as Personal Representative.
2. Successor Nominees – If the primary nominee is unable or unwilling to serve, Testator nominates [FIRST SUCCESSOR] and, failing that individual, [SECOND SUCCESSOR].
3. Powers – The Personal Representative shall have all powers granted under 58 Okla. Stat. Ann. §§ 251 et seq. and as additionally granted herein, including the powers listed in Schedule A attached hereto.

[// GUIDANCE: Schedule A enumerates broad fiduciary powers. Tailor to client needs.]

C. Payment of Debts, Expenses, and Taxes

The Personal Representative shall pay (i) expenses of Testator’s last illness and funeral, (ii) Administration Expenses, and (iii) all enforceable debts and death taxes, with apportionment among beneficiaries as permitted by law.

D. Specific Bequests

1. Tangible Personal Property. Testator devises all items of tangible personal property in accordance with any separate written statement referenced herein or, absent such statement, to [BENEFICIARY].
2. Cash & Specific Gifts. The following gifts are hereby made:

a. $[AMOUNT] to [CHARITY/INDIVIDUAL];
b. [DESCRIPTION OF PROPERTY] to [BENEFICIARY].

E. Residuary Estate and Creation of Testamentary Trust

1. Pour-Over. The residue of Testator’s estate, real and personal, wherever situated, is devised to the Trustee to hold, administer, and distribute under the terms of the Primary Trust created below.
2. Trust Name & Existence. The “[TESTATOR SURNAME] Testamentary Trust” is hereby established as of Testator’s death.
3. Trust Purposes. (i) Provide for the health, education, maintenance, and support (“HEMS”) of Beneficiaries; (ii) manage and invest Trust Assets; (iii) protect assets for successive generations.
4. Beneficiaries & Distribution Scheme:

a. Surviving Spouse – Distributions for HEMS at Trustee’s discretion. Upon Spouse’s death, remaining Trust property disposes per sub-paragraph b.
b. Children/Issue – Upon the earlier of Spouse’s death or remarriage, Trust divides into equal shares per stirpes for Testator’s Children. Each Child’s share shall be managed as a sub-trust until the Child attains ages 25, 30, and 35, at which times one-third (1/3) of the principal shall be distributed outright.

5. Termination. The Trust shall terminate upon final distribution of all assets; any remainder at final termination shall be distributed outright to the then-living Issue of Testator, per stirpes.

IV. REPRESENTATIONS & WARRANTIES

1. Testator Capacity. Testator warrants that Testator is at least 18 years old, of sound mind, and under no duress.
2. Ownership of Property. Testator represents that Testator owns, or has testamentary power over, all property disposed of herein.
3. No Contradictory Instruments. Testator affirms the absence of any contracts to make a will or agreements (e.g., marital property, buy-sell) that conflict with this Will, except as follows: [DESCRIPTION / “None”].

V. COVENANTS & RESTRICTIONS (FIDUCIARY STANDARDS)

1. Prudent Investor Rule. Each Trustee shall invest Trust Assets in accordance with the prudent investor standard embodied in 60 Okla. Stat. Ann. § 175.65.
2. Duty of Loyalty; No Self-Dealing. Absent court approval or express authorization herein, Trustees shall not engage in transactions with the Trust that would constitute self-dealing under Oklahoma law.
3. Recordkeeping & Accountings. Trustees shall maintain accurate books and provide an annual accounting to the Beneficiaries and, upon request, to the County Probate Court.

VI. DEFAULT & REMEDIES

1. Events of Default. A Trustee commits a default upon (i) breach of fiduciary duty, (ii) incapacity, (iii) resignation without adequate notice, or (iv) court determination of misconduct.
2. Notice & Cure. Beneficiaries holding a majority of the current beneficial interests may issue written notice specifying default; the Trustee shall have 30 days to cure, unless the breach is not curable.
3. Removal & Successor Appointment. If default persists, the County Probate Court may remove the Trustee and appoint a Successor Trustee in accordance with Article VI, Schedule B.
4. Injunctive Relief. Beneficiaries may seek injunctive relief to protect Trust Assets without posting bond.

VII. RISK ALLOCATION

1. Trustee Indemnification. Except for acts constituting bad faith, willful misconduct, or gross negligence, a Trustee shall be indemnified from the Trust Assets against all liabilities, claims, and expenses incurred in good-faith administration of the Trust.
2. Limitation of Liability. Trustee liability to any Beneficiary shall be limited to the total value of Trust Assets under the Trustee’s control at the time of the act or omission giving rise to liability.
3. Insurance. Trustees may procure and pay premiums for fiduciary liability insurance from Trust Assets.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Will and all trusts created hereby shall be governed by the substantive laws of the State of Oklahoma.
2. Exclusive Forum. The District Court of [COUNTY], State of Oklahoma, sitting in probate, shall have exclusive jurisdiction over all matters arising under or relating to this Will, the estate, or any trust created herein.
3. Arbitration. Arbitration is not available for probate or trust matters under this instrument.
4. Jury Waiver. To the extent a jury trial might otherwise be available in any proceeding relating to this Will or Trust, the parties knowingly waive such right, recognizing that probate matters are typically tried to the court.
5. Injunctive Relief. Nothing in this Article shall limit the authority of the probate court to grant equitable remedies, including temporary restraining orders and permanent injunctions.

IX. GENERAL PROVISIONS

1. Amendments. This Will may be amended only by a duly executed codicil meeting the formal requirements of 84 Okla. Stat. Ann. § 55.
2. Severability. If any provision is adjudged invalid, the remaining provisions shall remain in full force provided the overall dispositive scheme is not thereby defeated.
3. No Assignment by Beneficiaries. Beneficial interests are not assignable and shall not be subject to voluntary or involuntary alienation, except as otherwise required by law.
4. Spendthrift Protection. Each beneficiary’s interest in any trust hereunder shall be subject to a spendthrift restriction to the maximum extent permitted by law.
5. Headings. Headings are for reference only and do not affect interpretation.
6. Integration. This instrument constitutes the complete expression of Testator’s testamentary intent. No extrinsic evidence may vary its terms, except as allowed under Oklahoma law.
7. Digital or Facsimile Signatures. Not permitted for execution of wills under Oklahoma law. Original wet signatures are required.

X. EXECUTION BLOCK

Testator Signature

I, [TESTATOR FULL LEGAL NAME], hereby sign my name to this Last Will and Testament and Testamentary Trust Agreement on this [DAY] day of [MONTH, YEAR], at [CITY, OKLAHOMA], declaring that I understand its contents and that it expresses my testamentary intentions.

[TESTATOR FULL LEGAL NAME], Testator

Witness Attestation

We, the undersigned, witnessed the signing of this Will by the Testator, who declared the same to be Testator’s Last Will and Testament, and we sign as witnesses in Testator’s presence and in the presence of each other.

Self-Proving Affidavit

(State of Oklahoma – 84 Okla. Stat. Ann. § 55-102)

Before me, the undersigned authority, on this day personally appeared [TESTATOR], [WITNESS 1], and [WITNESS 2], all personally known to me, and, all being duly sworn, Testator declared that the foregoing instrument is Testator’s Will and that Testator executed it willingly and voluntarily. The witnesses each swore that the Will was executed in their presence, that they believe Testator to be of sound mind, and that they signed the Will as witnesses in the presence of Testator and of each other.

Notary Public

My Commission Expires: ______

(Seal)

SCHEDULE A – PERSONAL REPRESENTATIVE & TRUSTEE POWERS

[Non-exclusive list of fiduciary powers, including but not limited to: retain assets, invest and reinvest, lease, mortgage, sell, exchange, carry on business interests, settle claims, employ professionals, make tax elections, divide or distribute in cash or in kind, and execute instruments of transfer.]

SCHEDULE B – SUCCESSOR TRUSTEE PROCEDURE

1. Vacancy shall be filled by [SUCCESSOR SELECTION MECHANISM – e.g., majority of adult Beneficiaries, corporate fiduciary, court appointment].
2. A Trustee may resign upon 30-days’ written notice to the adult Beneficiaries and any co-Trustee.

[// GUIDANCE: 1) Verify all placeholders. 2) Consider adding special-needs provisions if any beneficiary has a disability. 3) Coordinate with client’s financial advisor regarding beneficiary designations to avoid unintended conflicts with non-probate assets.]

© [YEAR]. Prepared as a high-level template. Further customization and formal legal review are mandatory prior to client execution.