LAST WILL AND TESTAMENT
(WITH INTEGRATED TESTAMENTARY TRUST)
of [TESTATOR FULL LEGAL NAME]
Commonwealth of Pennsylvania
Effective Date: [DATE]
[// GUIDANCE: This template is drafted to comply with Pennsylvania’s Probate, Estates and Fiduciaries Code (“PEF Code,” 20 PA. CONS. STAT. ANN.) and the Pennsylvania Uniform Trust Act (“PUTA,” 20 PA. CONS. STAT. ANN. § 7701 et seq.). Bracketed items must be customized. Remove all guidance comments prior to execution.]
TABLE OF CONTENTS
- Article I – Identification; Revocation
- Article II – Declaration of Testamentary Intent
- Article III – Definitions
- Article IV – Appointment of Fiduciaries
- Article V – Payment of Debts, Taxes & Expenses
- Article VI – Specific Devises & Bequests
- Article VII – Residuary Estate & Pour-Over to Trust
- Article VIII – Testamentary Trust Terms
- Article IX – Trustee Powers & Administration
- Article X – Fiduciary Standards; Indemnification; Liability Cap
- Article XI – No-Contest & Dispute Resolution
- Article XII – General Provisions
- Article XIII – Execution & Attestation
- Self-Proving Affidavit (PA Form)
- Schedule A – Specific Property Descriptions (Optional)
ARTICLE I
IDENTIFICATION; REVOCATION
1.1 Testator. I, [TESTATOR FULL LEGAL NAME], presently residing at [ADDRESS, COUNTY], Pennsylvania, being of sound mind and over eighteen (18) years of age, hereby declare this instrument to be my Last Will and Testament (“Will”), made pursuant to 20 PA. CONS. STAT. ANN. § 2501.
1.2 Revocation. I revoke all prior wills, codicils, and testamentary instruments.
ARTICLE II
DECLARATION OF TESTAMENTARY INTENT
2.1 Disposition Objective. It is my intent to dispose of all property to which I am entitled at death, establish a testamentary trust for my beneficiaries’ long-term welfare, and appoint fiduciaries to administer my estate and trust in accordance with Pennsylvania law.
ARTICLE III
DEFINITIONS
For purposes of this Will, capitalized terms have the meanings set forth below. Undefined capitalized terms shall bear their common legal meaning under Pennsylvania law.
“Administrative Trustee” – A Trustee who serves solely to perform administrative functions.
“Beneficiary/Beneficiaries” – The individual(s) or entity(ies) entitled to distributions under Article VIII.
“Child” or “Children” – My legitimate, adopted, or after-born children, excluding stepchildren unless specifically named.
“Dispositive Event” – The first to occur of (a) the Beneficiary reaching the Distribution Age; (b) the termination of the Trust under § 8.10; or (c) any earlier date specified herein.
“Distribution Age” – [AGE, e.g., 30] years.
“Estate” – All probate assets passing under this Will.
“Personal Representative” – The Executor or co-Executors appointed under § 4.1.
“Principal Place of Administration” – The Commonwealth of Pennsylvania unless the Trustees unanimously determine relocation is in the best interest of the Trust.
“Qualified Beneficiary” – As defined in 20 PA. CONS. STAT. ANN. § 7703.
“Testamentary Trust” or “Trust” – The trust created under Article VIII.
“Trust Assets” – All property, tangible or intangible, real or personal, transferred to or held by the Trustee pursuant to Article VII.
“Trustee” – The individual(s) or corporate fiduciary(ies) appointed under Article IV to administer the Trust.
[// GUIDANCE: Add or delete definitions as needed. Cross-check capitalized terms.]
ARTICLE IV
APPOINTMENT OF FIDUCIARIES
4.1 Personal Representative (Executor).
a. Primary: [PRIMARY EXECUTOR NAME & ADDRESS]
b. Alternate: [ALTERNATE EXECUTOR NAME & ADDRESS] (if Primary is unwilling or unable).
4.2 Trustee.
a. Primary: [PRIMARY TRUSTEE NAME]
b. Successor/Alternate: [ALTERNATE TRUSTEE NAME].
c. Removal/Resignation: A Trustee may resign by 30-day written notice to all Qualified Beneficiaries and any co-Trustee. Beneficiaries holding a majority interest may remove a Trustee for cause by written notice; vacancies shall be filled per § 4.2(b) or, if none, by the Orphans’ Court.
4.3 Guardian of Minor Children (if applicable).
a. Primary: [PRIMARY GUARDIAN NAME]
b. Alternate: [ALTERNATE GUARDIAN NAME].
4.4 Bond. No fiduciary shall be required to post bond or other security unless a court of competent jurisdiction orders otherwise for good cause.
ARTICLE V
PAYMENT OF DEBTS, TAXES & EXPENSES
5.1 Debts & Administration Expenses. My Personal Representative shall pay (a) legally enforceable debts, (b) funeral and burial expenses reasonably incurred, and (c) costs of estate administration.
5.2 Taxes. All estate, inheritance, generation-skipping transfer (“GST”) and other death taxes attributable to property passing under this Will or otherwise shall be paid from the residue of my Estate without apportionment, unless contrary law requires otherwise.
ARTICLE VI
SPECIFIC DEVISES & BEQUESTS
6.1 Tangible Personal Property Memorandum. I may leave a signed, dated written memorandum disposing of tangible personal property. The memorandum shall be incorporated herein by reference pursuant to 20 PA. CONS. STAT. ANN. § 2508.
6.2 Cash or Specific Bequests.
a. [BENEFICIARY NAME] – [AMOUNT or DESCRIPTION]
b. [BENEFICIARY NAME] – [AMOUNT or DESCRIPTION]
6.3 Lapse & Anti-Lapse. If a specific devisee predeceases me and 20 PA. CONS. STAT. ANN. § 2514(10) (anti-lapse) applies, the property shall pass per that statute; otherwise it shall fall into the Residue.
ARTICLE VII
RESIDUARY ESTATE & POUR-OVER TO TRUST
7.1 Residue. I give, devise, and bequeath all the rest, residue, and remainder of my Estate, including any lapsed gifts (collectively, the “Residuary Estate”), to the Trustee to be held, administered, and distributed as part of the Trust created in Article VIII.
7.2 Pour-Over Provision. The Residuary Estate shall “pour over” to and become part of the Trust estate, subject to all Trust provisions herein contained.
ARTICLE VIII
TESTAMENTARY TRUST TERMS
8.1 Name. The trust created herein shall be known as “The [TESTATOR SURNAME] Family Testamentary Trust” (the “Trust”).
8.2 Trust Estate. The Trust shall consist of the property transferred under Article VII, together with all income and accretions, substitutions, and reinvestments thereof, less permitted expenditures.
8.3 Primary Beneficiaries. Each of my Children who survive me shall be a Primary Beneficiary and shall share equally in the Trust Assets, subject to the distribution provisions below.
8.4 Discretionary “HEMS” Standard. Prior to each Beneficiary’s Distribution Age, the Trustee may in the Trustee’s sole and absolute discretion distribute to or for such Beneficiary so much of the net income and principal as the Trustee deems advisable for the Beneficiary’s health, education, maintenance, and support (“HEMS”), consistent with 26 U.S.C. § 2041(b)(1)(A).
8.5 Mandatory Termination Distribution. Upon the Beneficiary’s attainment of the Distribution Age, the Trustee shall distribute the remaining principal and undistributed income outright to that Beneficiary.
8.6 Spendthrift Protection. To the maximum extent permitted by law, no Beneficiary shall have the power to sell, assign, transfer, encumber, or in any manner anticipate any interest in the Trust; nor shall such interest be subject to execution, garnishment, attachment, bankruptcy, or other creditor process. (See 20 PA. CONS. STAT. ANN. § 7742.)
8.7 Separate Shares Accounted For. Notwithstanding § 8.2, the Trustee may maintain separate accounts for each Beneficiary for administrative ease, but the Trust shall be a single trust for all tax and reporting purposes unless the Trustee elects otherwise.
8.8 Alternate Beneficiaries. If no Primary Beneficiary survives me, the Trust Estate shall be distributed, per stirpes, to my then-living descendants; if none, then to [CHARITY or ULTIMATE TAKERS].
8.9 Special Needs Savings Clause. The Trustee may, in sole discretion, withhold distributions that would disqualify a Beneficiary from governmental assistance, instead applying such amounts for the Beneficiary’s supplemental needs consistent with applicable regulations.
8.10 Termination for De Minimis Value. If at any time the market value of the Trust Assets is less than [$ THRESHOLD], the Trustee may terminate the Trust and distribute the assets outright to the living Primary Beneficiaries.
ARTICLE IX
TRUSTEE POWERS & ADMINISTRATION
9.1 Incorporation of Statutory Powers. In addition to all common-law and statutory powers, the Trustee shall have the powers granted under 20 PA. CONS. STAT. ANN. §§ 7780.5 and 7780.6, including, without limitation, the power to:
a. Invest and reinvest in any prudent investment permitted under the Prudent Investor Rule (20 PA. CONS. STAT. ANN. § 7203);
b. Retain, sell, exchange, or lease Trust Assets at public or private sale;
c. Employ professionals and delegate duties;
d. Determine, in the Trustee’s sole discretion, the allocation of receipts and expenditures between income and principal consistent with the Pennsylvania Principal and Income Act (20 PA. CONS. STAT. ANN. § 8101 et seq.);
e. Make tax elections and distribute in kind, or in cash, or partly in each, without liability for resulting inequality;
f. Continue or participate in any business entity and incorporate or liquidate the same.
9.2 Accounting. The Trustee shall provide annual written trust accounts to each Qualified Beneficiary and to any court-appointed guardian of a minor Beneficiary.
9.3 Compensation. Each fiduciary shall be entitled to reasonable compensation under Pennsylvania law and reimbursement of properly incurred expenses.
ARTICLE X
FIDUCIARY STANDARDS; INDEMNIFICATION; LIABILITY CAP
10.1 Standard of Care. Each fiduciary shall discharge duties in good faith, with loyalty to the Beneficiaries, and with the care an ordinarily prudent person would exercise in the conduct of similar affairs.
10.2 Indemnification. To the fullest extent permitted by law, each fiduciary shall be indemnified out of, and limited in recourse to, the Trust Assets (or Estate assets, in the case of the Personal Representative) against any claim, loss, liability, or expense, including reasonable attorneys’ fees, arising from the performance of fiduciary duties, except for liability resulting from the fiduciary’s own willful misconduct or gross negligence.
10.3 Liability Cap. No fiduciary shall be personally liable beyond the value of the Trust Assets (or Estate assets) under administration at the time the cause of action accrues.
10.4 Exculpation. No fiduciary shall be liable for any act or omission made in good-faith reliance on professional advice. This exculpation shall not relieve the fiduciary from liability for breach of the duty of loyalty, intentional misconduct, or reckless indifference.
ARTICLE XI
NO-CONTEST CLAUSE & DISPUTE RESOLUTION
11.1 No-Contest. Any recipient under this Will who directly or indirectly contests or seeks to impair or invalidate any provision of this Will or the Trust shall forfeit and be deemed to have predeceased me for all purposes of this instrument.
11.2 Forum Selection; No Jury. All matters relating to the settlement of my Estate or administration of the Trust shall be brought exclusively in the Court of Common Pleas, Orphans’ Court Division, of [COUNTY], Pennsylvania, which shall have continuing jurisdiction. All parties knowingly waive the right to a jury trial on such matters to the extent permitted by law.
11.3 Injunctive Relief. Beneficiaries and fiduciaries retain the right to seek injunctive or other equitable relief in the designated court to enforce the terms of this Will and Trust.
11.4 Arbitration. Arbitration is not required nor available under this instrument.
ARTICLE XII
GENERAL PROVISIONS
12.1 Governing Law. This Will and Trust shall be construed and regulated in all respects by the laws of the Commonwealth of Pennsylvania, without regard to principles of conflicts of laws.
12.2 Severability. If any provision is deemed unenforceable, the remaining provisions shall remain in full force, and the unenforceable provision shall be reformed to the minimum extent necessary to effectuate my intent.
12.3 Headings. Section and article headings are inserted for convenience only and shall not affect interpretation.
12.4 Gender; Plurals. Words of any gender include all genders; words in the singular include the plural and vice versa as the context requires.
12.5 Integration. This instrument constitutes my entire testamentary disposition and may be amended only by a duly executed codicil.
12.6 Digital & Counterpart Signatures. To the extent permitted by Pennsylvania law at the time of execution, counterpart originals and electronic signatures shall be effective.
ARTICLE XIII
EXECUTION & ATTESTATION
IN WITNESS WHEREOF, I subscribe my name to this Will on the date first above written, in the presence of the undersigned witnesses, who, at my request and in my presence and in the presence of each other, hereby attest to my execution of this instrument.
____ ____
[TESTATOR NAME], Testator Date
Witness Attestation
We, the undersigned, certify that the Testator declared this instrument to be the Testator’s Will, signed it voluntarily, and appeared to be of sound mind and at least eighteen (18) years of age. We sign our names hereunto as witnesses in the presence of the Testator and of each other.
Witness 1:
Name: ___
Address: ___
Date: ___
Witness 2:
Name: ___
Address: ___
Date: ___
SELF-PROVING AFFIDAVIT
(Commonwealth of Pennsylvania – 20 PA. CONS. STAT. ANN. § 3132.1)
State of Pennsylvania )
: ss.
County of [COUNTY] )
Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], known to me to be the Testator and the witnesses whose names are signed to the foregoing Will, and, being duly sworn, each declared to me that the Testator signed the Will as the Testator’s free and voluntary act for the purposes therein expressed; and that each witness, in the presence of the Testator and at the Testator’s request, subscribed the Will as witness; and that to the best of the knowledge of each witness, the Testator was eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.
Subscribed, sworn to, and acknowledged before me on this ___ day of ____, 20__.
Notary Public
My commission expires: ____
SCHEDULE A
(Optional List of Specifically Devised Property)
- Item: ____
Location / Description: _
Serial / Deed Ref.: _______
[// GUIDANCE: Use Schedule A to attach detailed descriptions such as real property legal descriptions, valuable artwork, business interests, etc.]