Complex Will with Trust - Pennsylvania

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
4. Expenses, 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. No-Contest Clause, Governing Law, and Forum
10. General Provisions
11. Execution and Self-Proving Forms

1. DECLARATION AND FAMILY INFORMATION

I, [TESTATOR FULL LEGAL NAME], residing at [ADDRESS], County of [COUNTY], Pennsylvania, declare this instrument to be my Last Will and Testament. I am at least eighteen years old and of sound mind as required by 20 Pa.C.S. § 2501.

I revoke all prior wills and codicils. Revocation of a Pennsylvania will is governed by 20 Pa.C.S. § 2505.

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.

“Current Beneficiary” and “Qualified Beneficiary” have the meanings assigned by 20 Pa.C.S. § 7703.

“Descendants by representation” means that each living branch takes the share allocated to that branch, with a deceased member's share passing through that member's descendants.

“Personal Representative” means the executor appointed after nomination under Article 3.

“Residue” means all property subject to disposition by this Will that is not otherwise effectively disposed of, after payment or reservation for 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

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].

Subject to this Will, applicable law, and court orders, the Personal Representative may exercise the estate-administration powers provided by 20 Pa.C.S. §§ 3311, 3314, 3332, and 3351–3360.

3.2 Personal-Representative Bond

I expressly direct that no bond be required of an individual Personal Representative named in this Will. This direction is subject to the court's authority under 20 Pa.C.S. §§ 3174 and 3175.

3.3 Trustee and Successors

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].

A further vacancy shall be filled in the order stated in 20 Pa.C.S. § 7764. A Trustee may resign only as authorized by 20 Pa.C.S. § 7765 and shall deliver Trust property expeditiously as required by § 7767. Trustee removal is governed by § 7766; this Will creates no beneficiary-majority removal power or mandatory cure period that delays statutory relief.

No Trustee shall give bond unless required under 20 Pa.C.S. § 7762.

3.4 Guardian of a Minor Child

If I am authorized under 20 Pa.C.S. § 2519 to appoint a testamentary guardian for a minor child, I appoint [PRIMARY GUARDIAN NAME] and, if that person cannot serve, [ALTERNATE GUARDIAN NAME]. Any appointment remains subject to the statute and court supervision.

4. EXPENSES, TAXES, AND SPECIFIC GIFTS

4.1 Expenses and Claims

The Personal Representative shall pay or reserve for legally enforceable debts, reasonable funeral and burial expenses, administration expenses, and other proper charges against the Estate. This direction does not validate a barred or unenforceable claim or alter a statutory priority.

4.2 Taxes

Complete one after review by Pennsylvania tax counsel:

☐ Death taxes attributable to property passing under this Will or otherwise shall be paid from the Residue without apportionment, to the extent this direction is enforceable.

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

4.3 Specific Gifts

I make the following specific gifts as provisions of this signed Will:

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

Pennsylvania has no current statutory mechanism in repealed 20 Pa.C.S. § 2508 for a later-created tangible-personal-property memorandum. Add or change a testamentary gift only through a will or codicil executed under applicable Pennsylvania law.

Unless this Will expressly provides otherwise, a gift covered by the anti-lapse rule in 20 Pa.C.S. § 2514(9) passes under that rule; another failed nonresiduary gift falls into the Residue under § 2514(10).

5. RESIDUARY ESTATE AND CREATION OF TESTAMENTARY TRUST

I give the Residue to the Trustee, IN TRUST, to administer and distribute under Article 6. This is a trust created by will under 20 Pa.C.S. § 7731 and is subject to the creation requirements in § 7732.

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 Spendthrift Provision

Each beneficiary's interest is subject to a spendthrift provision restraining both voluntary and involuntary transfer before receipt, subject to 20 Pa.C.S. § 7742 and other applicable law.

6.4 Trustee Duties, Delegation, and Powers

The Trustee shall administer the Trust in good faith, solely in the beneficiaries' interests, and with the care required by 20 Pa.C.S. §§ 7771, 7772, and 7774.

Subject to those duties and this Will, the Trustee may exercise the powers in 20 Pa.C.S. §§ 7780.5 and 7780.6, including authority to:

1. acquire, retain, 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;
6. employ attorneys, accountants, investment advisers, and other professionals;
7. prosecute or defend proceedings to protect Trust property;
8. continue or participate in a business when prudent; and
9. resolve a Trust interpretation or administration dispute through mediation, arbitration, or another alternative procedure when consistent with fiduciary duties.

Any delegation must comply with 20 Pa.C.S. § 7777. Reliance on professional assistance does not create a blanket release from fiduciary duty.

6.5 Information and Financial Reports

The Trustee shall provide the notices, information, and reports required by 20 Pa.C.S. § 7780.3. A current beneficiary has the right stated in § 7780.3(i)(5) to receive, at least annually upon request, periodic written financial reports concerning the Trust.

6.6 Compensation and Reimbursement

If this Will does not specify compensation, the Trustee is entitled to reasonable compensation under 20 Pa.C.S. § 7768. Reimbursement and advances are governed by § 7769.

6.7 Uneconomic Trust and Final Distribution

The Trustee may terminate a noncharitable Trust whose value is insufficient to justify administration costs only after giving the qualified beneficiaries at least sixty days' written notice and receiving no timely written objection, as provided by 20 Pa.C.S. § 7740.4. On termination, the Trustee shall distribute the property consistently with the Trust's purposes.

7. DIGITAL ASSETS

Under 20 Pa.C.S. § 3904(b), I expressly consent to disclosure to my Personal Representative of the content of my electronic communications and my other digital assets. The Personal Representative may request disclosure under §§ 3907 and 3908 and may exercise authority only within the duties and limits stated in § 3915 and other applicable law.

I also consent to disclosure to the Trustee of electronic-communication content held in an account of the Trust when 20 Pa.C.S. § 3912 applies.

A qualifying online-tool direction overrides a contrary direction in this Will to the extent provided by 20 Pa.C.S. § 3904(a).

8. REMEDIES AND LIABILITY STANDARDS

8.1 Remedies and Damages

For an actual or threatened breach of trust, the court may grant the remedies listed in 20 Pa.C.S. § 7781. Trustee liability for breach is governed by § 7782.

8.2 Exculpation

No provision of this Will 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 the provision is otherwise unenforceable under 20 Pa.C.S. § 7788.

8.3 Contract, Tort, and Property Liability

The Trustee's personal liability on contracts, torts, and obligations arising from ownership or control of Trust property is governed by 20 Pa.C.S. § 7790. This Will creates no blanket limitation of liability to Trust assets and does not protect a Trustee who is personally at fault.

9. NO-CONTEST CLAUSE, GOVERNING LAW, AND FORUM

9.1 Optional No-Contest Clause

Complete one after attorney review:

☐ No no-contest clause is included.

☐ A beneficiary who contests this Will or Trust forfeits the following interest: [DESCRIBE INTEREST AND ALTERNATE DISPOSITION].

Any penalty clause is unenforceable when probable cause exists for instituting the proceeding, as provided by 20 Pa.C.S. § 2521.

9.2 Governing Law

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

9.3 Jurisdiction, Venue, and Jury Rights

The Court of Common Pleas exercises jurisdiction over decedents' estates and testamentary trusts through its Orphans' Court Division under 20 Pa.C.S. § 711. Estate venue is governed by § 721, and trust venue is governed by § 722.

This Will does not waive a statutory jury right. Jury entitlement, advisory-jury authority, demand, and waiver by failure to demand are governed by 20 Pa.C.S. § 777.

This Will does not require arbitration. Article 6 permits Trustee use of alternative dispute resolution only within 20 Pa.C.S. § 7780.6(2)–(3), applicable fiduciary duties, and the court's jurisdiction.

10. GENERAL PROVISIONS

10.1 Amendment and Revocation

Any later will or codicil must satisfy applicable execution law. Revocation or alteration is governed by 20 Pa.C.S. § 2505.

10.2 Severability

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

10.3 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.

10.4 Single Written Original

Execute one written original of this Will. Under 20 Pa.C.S. § 2502, the Testator must sign the Will at its end. This template does not provide a counterpart or electronic-execution procedure.

11. EXECUTION AND SELF-PROVING FORMS

11.1 Execution Note

For an ordinary signature, 20 Pa.C.S. § 2502 requires a written Will signed by the Testator at its end and does not generally require subscribing witnesses. This template uses two attesting witnesses so the Will may be made self-proved under § 3132.1. The special requirements for a signature by mark or by another person are stated in § 2502(2)–(3), and § 3132.1(a) excludes those execution methods from its self-proof rule.

11.2 Testator Signature

I, [TESTATOR FULL LEGAL NAME], sign this instrument at its end and declare it to be my Last Will and Testament.

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

_______________________________________

[TESTATOR FULL LEGAL NAME], Testator

11.3 Witness Attestation

Each witness states that the Testator signed and executed this instrument as the Testator's Last Will; that the Testator acted willingly and as a free and voluntary act; that each witness signed in the hearing and sight of the Testator; and that, to the witness's best knowledge, the Testator was at least eighteen years old, of sound mind, and under no constraint or undue influence.

11.4 Optional Self-Proving Acknowledgment and Affidavit

The acknowledgment and affidavit below follow the form required substantially by 20 Pa.C.S. § 3132.1(b). They must be made before an officer authorized to administer oaths, with the officer's certificate and official seal attached or annexed to the Will.

Acknowledgment

COMMONWEALTH OF PENNSYLVANIA

COUNTY OF [COUNTY]

I, [TESTATOR FULL LEGAL NAME], the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, acknowledge that I signed and executed the instrument as my Last Will and that I signed it willingly and as my free and voluntary act for the purposes expressed in it.

_______________________________________

[TESTATOR FULL LEGAL NAME], Testator

Sworn to or affirmed and acknowledged before me by [TESTATOR FULL LEGAL NAME], the Testator, on [__/__/____].

(Seal)

_______________________________________

Signature and official capacity of officer

Affidavit of Witnesses

COMMONWEALTH OF PENNSYLVANIA

COUNTY OF [COUNTY]

We, [WITNESS 1 NAME] and [WITNESS 2 NAME], the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, depose and say that we were present and saw the Testator sign and execute the instrument as the Testator's Last Will; that the Testator signed willingly and executed it as a free and voluntary act for the purposes expressed in it; that each subscribing witness, in the hearing and sight of the Testator, signed the Will as a witness; and that, to the best of our knowledge, the Testator was then at least eighteen years old, of sound mind, and under no constraint or undue influence.

_______________________________________

[WITNESS 1 NAME], Witness

_______________________________________

[WITNESS 2 NAME], Witness

Sworn to or affirmed and subscribed before me by [WITNESS 1 NAME] and [WITNESS 2 NAME] on [__/__/____].

(Seal)

_______________________________________

Signature and official capacity of officer

Sources and References

• Pennsylvania General Assembly, current Title 20 — Decedents, Estates and Fiduciaries

END OF DOCUMENT