Complex Will with Trust

LAST WILL AND TESTAMENT

and Testamentary Trust of [TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

1. Declaration and Family Information
2. Definitions
3. Personal Representative, Trustee, and Guardian Preference
4. Debts, Taxes, and Specific Gifts
5. Residuary Estate and Creation of Testamentary Trust
6. Testamentary Trust Terms
7. Digital Assets
8. Remedies and Liability Standards
9. Governing Law and Forum
10. General Provisions
11. Execution and Affidavit of Attesting Witnesses

1. DECLARATION AND FAMILY INFORMATION

I, [TESTATOR FULL LEGAL NAME], residing at [ADDRESS], County of [COUNTY], Oregon, declare this instrument to be my Last Will and Testament. I am eligible to make a will under ORS 112.225 and am acting freely and of sound mind.

I revoke all prior wills and codicils as authorized by ORS 112.285.

My marital status is [MARRIED / UNMARRIED / WIDOWED / DIVORCED]. My spouse, if any, is [SPOUSE NAME]. The persons I intend to identify as my descendants are [NAMES AND RELATIONSHIPS].

2. DEFINITIONS

“Beneficiary” means a person or organization entitled to receive property under this Will or the Trust.

“By representation” means the branch-based method of distribution described in ORS 112.065.

“Personal Representative” means the representative appointed by the probate court after nomination in Article 3.

“Probate court” means the court with jurisdiction under ORS 111.075.

“Residue” means all property subject to disposition by this Will that is not otherwise effectively disposed of, after proper estate charges.

“Trust” means the testamentary trust created in Article 5 and administered under Article 6.

“Trustee” means each initial, successor, or additional trustee serving under Article 6.

3. PERSONAL REPRESENTATIVE, TRUSTEE, AND GUARDIAN PREFERENCE

3.1 Personal Representative

I nominate [PRIMARY PERSONAL REPRESENTATIVE NAME AND ADDRESS] as Personal Representative. If that person does not qualify or ceases to serve, I nominate [SUCCESSOR NAME AND ADDRESS].

The court gives preference to the qualified and suitable person named in the Will under ORS 113.085. Subject to the Will and court orders, the Personal Representative may exercise the estate-administration powers in ORS 114.305 and the property powers in ORS 114.325.

3.2 Bond

I direct that no bond be required of a Personal Representative nominated in this Will. ORS 113.105 permits this direction but allows the court to require bond for good cause.

3.3 Trustee

I appoint [PRIMARY TRUSTEE NAME AND ADDRESS] as initial Trustee. If that person rejects the trusteeship, cannot serve, or ceases to serve, I appoint [SUCCESSOR TRUSTEE NAME AND ADDRESS]. Any remaining vacancy shall be filled under ORS 130.615.

3.4 Guardian and Conservator Preference

If a minor child needs a guardian or conservator, I express my preference for [PRIMARY NOMINEE], with [ALTERNATE NOMINEE] as alternate. The court must consider a parent's preference under ORS 125.200 and may appoint only a qualified, suitable, and willing guardian after making the findings required by ORS 125.305.

4. DEBTS, TAXES, AND SPECIFIC GIFTS

4.1 Expenses and Claims

The Personal Representative shall pay allowed expenses and claims in the order required by ORS 115.125. This direction does not enlarge a claim, excuse claim-presentation requirements, or alter statutory priority.

4.2 Estate-Tax Apportionment

Complete one after review by Oregon tax counsel:

☐ Estate taxes shall be apportioned among interested persons under ORS 116.313.

☐ Estate taxes shall be apportioned as follows: [INSERT EXPRESS METHOD].

A general direction to pay taxes is not, by itself, a direction against statutory apportionment under ORS 116.313.

4.3 Specific Gifts

I give the following property:

1. [DESCRIPTION OR AMOUNT] to [BENEFICIARY].
2. [DESCRIPTION OR AMOUNT] to [BENEFICIARY].

A specific gift that changes form or is unavailable at death is governed by Oregon law, including ORS 112.385. A substitute gift to descendants of a deceased related devisee is governed by ORS 112.395 unless this Will provides otherwise.

4.4 Separate List of Personal Effects

I may leave a signed writing, including a qualifying electronic record, disposing of household items, furniture, furnishings, and personal effects under ORS 112.260. The writing may be prepared or altered before or after execution of this Will, but it may not dispose of money, business property, or items evidenced by title documents or certificates.

A devise to a subscribing witness does not invalidate this Will under ORS 112.245.

5. RESIDUARY ESTATE AND CREATION OF TESTAMENTARY TRUST

I give the Residue to the Trustee, IN TRUST, to administer and distribute under Article 6. ORS 130.150 permits creation of a trust by will, subject to the requirements in ORS 130.155.

6. TESTAMENTARY TRUST TERMS

6.1 Name, Beneficiaries, and Purpose

The Trust shall be known as “The [TESTATOR SURNAME] Testamentary Trust.” Its beneficiaries are [IDENTIFY BENEFICIARIES OR DEFINITE CLASS]. Its purpose is to hold, manage, and distribute property for those beneficiaries under the standards below.

6.2 Separate Shares and Distributions

The Trustee shall establish a separate share for each [BENEFICIARY / BRANCH OF DESCENDANTS].

Before final distribution, the Trustee may distribute income or principal for a beneficiary's health, education, maintenance, and support after considering [OTHER RESOURCES / DO NOT CONSIDER OTHER RESOURCES].

Each beneficiary shall receive:

• [PERCENTAGE] at age [AGE];
• [PERCENTAGE OF REMAINDER] at age [AGE]; and
• the balance at age [AGE].

If a beneficiary dies before complete distribution, the remaining share shall pass to [BENEFICIARY'S DESCENDANTS BY REPRESENTATION / ALTERNATE BENEFICIARIES].

6.3 Trustee Duties and Powers

The Trustee shall administer the Trust in good faith, solely in the beneficiaries' interests, and with the care, skill, and caution required by ORS 130.650, 130.655, and 130.665.

Subject to those duties and this Will, the Trustee may exercise the general and specific powers in ORS 130.720 and 130.725, including authority to:

1. acquire, sell, exchange, lease, improve, or encumber Trust property;
2. borrow money and pledge Trust property;
3. insure Trust property and administration-related liability;
4. settle claims and pay taxes, compensation, and expenses;
5. make distributions in cash or in kind and in proportionate or disproportionate shares;
6. employ attorneys, accountants, investment advisers, and other professionals;
7. prosecute or defend proceedings to protect Trust property; and
8. resolve a Trust interpretation or administration dispute through mediation, arbitration, or another alternative procedure when consistent with fiduciary duties.

Delegation must satisfy ORS 130.680. Reliance on professional recommendations is governed by ORS 130.725(28) and does not create a blanket release from fiduciary duty.

6.4 Information and Reports

The Trustee shall provide the information, notices, annual reports, and termination reports required by ORS 130.710.

6.5 Compensation and Reimbursement

If this Will does not specify compensation, the Trustee is entitled to reasonable compensation under ORS 130.635. Reimbursement is governed by ORS 130.640.

6.6 Spendthrift Provision

Each beneficiary's interest is subject to a spendthrift provision restraining voluntary and involuntary transfer before receipt, subject to ORS 130.305 and the statutory exceptions and creditor-rights rules.

6.7 Uneconomic Trust and Final Distribution

After notice to qualified beneficiaries, a Trustee who is neither a qualified beneficiary nor under a duty of support to a qualified beneficiary may terminate the Trust if its value is insufficient to justify administration costs, as provided by ORS 130.215.

On final or partial termination, the Trustee shall proceed expeditiously to distribute property to those entitled to it and may retain a reasonable reserve for debts, fees, expenses, and taxes under ORS 130.730.

7. DIGITAL ASSETS

Under ORS 119.016(2), I expressly consent to disclosure to my Personal Representative of the content of electronic communications and my other digital assets. The Personal Representative may request disclosure under ORS 119.021 and 119.026 and may exercise authority only within the fiduciary duties and limits stated in ORS 119.062 and other applicable law.

I also consent to disclosure to the Trustee of electronic-communication content held in an account of the Trust when ORS 119.046 applies.

A qualifying online-tool direction overrides a contrary direction in this Will to the extent provided by ORS 119.016(1).

8. REMEDIES AND LIABILITY STANDARDS

8.1 Removal

Trustee removal is governed by ORS 130.625. This Will creates no mandatory cure period that delays statutory relief.

8.2 Remedies and Damages

For an actual or threatened breach, the circuit court may grant the remedies listed in ORS 130.800, including performance, injunction, restoration, accounting, suspension, removal, or other appropriate relief. Trustee damages are governed by ORS 130.805.

8.3 Exculpation and Personal Liability

No provision relieves the Trustee from liability for a breach committed in bad faith or with reckless indifference to the Trust's purposes or the beneficiaries' interests, or when otherwise unenforceable under ORS 130.835.

Contract, tort, and property-related liability are governed by ORS 130.845. This Will creates no blanket limitation of Trustee liability to Trust assets and does not protect a Trustee who is personally at fault.

9. GOVERNING LAW AND FORUM

Oregon law governs this Will and the Trust while Oregon is the applicable jurisdiction.

Probate jurisdiction is vested by ORS 111.075 in the county courts of Gilliam, Grant, Harney, Malheur, Sherman, and Wheeler Counties and in the circuit court for every other county. Probate venue is governed by ORS 113.015. The probate court has the jurisdiction and legal and equitable powers described in ORS 111.085 and 111.095.

Oregon circuit courts have jurisdiction over trust-administration proceedings under ORS 130.060. Trust venue is governed by ORS 130.065; while a testamentary estate remains open, venue is in the county where the estate is administered.

This Will does not require arbitration and does not waive any jury right that otherwise exists. ORS 111.205(3) provides that actions in a probate proceeding are not triable by jury except as otherwise provided by law. Article 6 permits Trustee use of alternative dispute resolution only within ORS 130.725(23) and applicable fiduciary duties.

10. GENERAL PROVISIONS

10.1 Survival

Subject to the exceptions in ORS 112.586, and unless this Will expressly provides a longer period, a beneficiary must survive me by at least 120 hours as provided by ORS 112.572.

10.2 Optional In Terrorem Clause

Complete one after attorney review:

☐ No in terrorem clause is included.

☐ If a devisee contests this Will, the devise to that person is reduced or eliminated as follows: [TERMS].

Any clause is subject to the exceptions and common-law savings rule in ORS 112.272.

10.3 Amendment and Revocation

Any later will or codicil must satisfy applicable execution law. Physical revocation must satisfy ORS 112.285; partial revocation by physical act is not valid.

10.4 Severability

If a provision is held invalid, the remaining provisions continue to the extent they can operate consistently with my plan and applicable law.

10.5 Headings and Construction

Headings are for convenience only. Words used in the singular include the plural when appropriate, and a fiduciary designation includes a properly appointed successor.

10.6 Electronic Execution

Do not execute this Will as an electronic record, document, or image. ORS 112.235(4), effective for the circumstances specified in 2025 Oregon Laws chapter 34, excludes an electronic record, document, or image from the statutory meaning of “writing.”

11. EXECUTION AND AFFIDAVIT OF ATTESTING WITNESSES

11.1 Testator Signature

I, [TESTATOR FULL LEGAL NAME], sign this Will in the presence of each witness and declare it to be my Last Will and Testament.

Signed on [__/__/____] at [CITY], Oregon.

_______________________________________

[TESTATOR FULL LEGAL NAME], Testator

11.2 Witness Attestation

Each witness states that the Testator, in the witness's presence, signed this Will or acknowledged the Testator's signature; that the witness saw the signing or heard the acknowledgment; and that the witness signs within a reasonable time before the Testator's death, consistent with ORS 112.235.

11.3 Optional Affidavit of Attesting Witnesses

ORS 113.055 permits an affidavit of an attesting witness to be made at or after execution and used in the ex parte probate review instead of the witness's personal appearance. The affidavit may be challenged or the witness required to appear as provided by that section.

STATE OF OREGON

COUNTY OF [COUNTY]

We, [WITNESS 1] and [WITNESS 2], being first duly sworn, each state:

1. The Testator signed or acknowledged the signature on the Will in the affiant's presence.
2. The affiant saw the Testator sign, heard the Testator acknowledge the signature, or observed the Testator direct another person to sign.
3. The affiant signed the Will as an attesting witness.
4. At execution, the Testator appeared to be eligible to make a will, of sound mind, and acting voluntarily.

_______________________________________

[WITNESS 1], Affiant

_______________________________________

[WITNESS 2], Affiant

Subscribed and sworn before me on [__/__/____].

(Seal)

_______________________________________

Notary Public for Oregon

My Commission Expires: __________________

Sources and References

• Oregon Legislature, ORS chapter 111 — General Probate Provisions
• Oregon Legislature, ORS chapter 112 — Intestate Succession and Wills
• Oregon Legislature, ORS chapter 113 — Initiation of Estate Proceedings
• Oregon Legislature, ORS chapter 114 — Administration of Estates
• Oregon Legislature, ORS chapter 115 — Claims
• Oregon Legislature, ORS chapter 116 — Distribution and Estate-Tax Apportionment
• Oregon Legislature, ORS chapter 119 — Fiduciary Access to Digital Assets
• Oregon Legislature, ORS chapter 125 — Protective Proceedings
• Oregon Legislature, ORS chapter 130 — Uniform Trust Code