LAST WILL AND TESTAMENT
AND TESTAMENTARY TRUST
OF [TESTATOR FULL LEGAL NAME]
State of Rhode Island and Providence Plantations
Effective Date: [____]
TABLE OF CONTENTS
- Document Header & Recitals
- Definitions
- Identification, Revocation & Intent
- Nomination of Fiduciaries
- Payment of Debts, Expenses & Taxes
- Specific Bequests
- Residuary Estate & Creation of Testamentary Trust
- Testamentary Trust Administration
8.1 Trust Funding
8.2 Beneficiaries & Beneficial Interests
8.3 Mandatory Distribution Standards
8.4 Discretionary Distribution Standards
8.5 Termination of Trust - Trustee Powers, Duties & Fiduciary Standards
- Trustee Indemnification, Exculpation & Liability Cap
- Removal, Resignation & Succession of Trustees
- No-Contest & Alternate Disposition
- Governing Law, Forum & Dispute Resolution
- Miscellaneous Provisions
- Execution, Witness Attestation & Self-Proving Affidavit
[// GUIDANCE: Sections and numbering may be reorganized to fit firm style guides or client preferences. All bracketed terms must be customized.]
1. DOCUMENT HEADER & RECITALS
1.1 Testator. I, [TESTATOR FULL LEGAL NAME], presently domiciled at [ADDRESS, CITY/TOWN, COUNTY, RHODE ISLAND], being of legal age and of sound mind and memory, make, publish, and declare this instrument to be my Last Will and Testament (the “Will”), hereby revoking all prior wills and codicils.
1.2 Consideration. This Will is executed in consideration of the natural love and affection I bear toward my family and in reliance on the laws of the State of Rhode Island governing probate and trust administration.
2. DEFINITIONS
For purposes of this Will, the following terms have the meanings set forth below. Defined terms appear in bold throughout this instrument.
“Administrator” means a court-appointed fiduciary to administer my estate if the Personal Representative nominated herein is unable or unwilling to serve.
“Beneficiary/Beneficiaries” means each person or entity entitled to receive any distribution under this Will or the Testamentary Trust.
“Child/Children” means all individuals who are legally my children at my death, including after-born or adopted children, but excluding step-children unless specifically named.
“Discretionary Distribution” has the meaning provided in Section 8.4.
“Executor/Personal Representative” means the fiduciary nominated in Section 4.1 to administer my probate estate.
“Fiduciary” includes the Personal Representative, Trustee, any co-fiduciary, and any successor fiduciary acting hereunder.
“Residuary Estate” means all property subject to my disposition at death that is not otherwise disposed of by prior Articles of this Will, including any lapsed or failed bequests.
“Testamentary Trust” or “Trust” means the trust created by Article 7, together with all additions and accretions thereto.
“Trust Assets” means all property held from time to time by the Trustee under the Trust.
“Trustee” means the fiduciary nominated under Section 7.5 to administer the Testamentary Trust, including any successor or co-trustee.
3. IDENTIFICATION, REVOCATION & INTENT
3.1 Family Identification. At the date of execution, my spouse is [SPOUSE NAME] (“Spouse”), and my children are [CHILD 1 NAME], [CHILD 2 NAME], and any after-born or adopted children.
3.2 Revocation. I revoke all prior wills and codicils.
3.3 Independent Significance. Reference to my marriage, divorce, birth, adoption, or death of family members shall have independent significance under applicable Rhode Island probate law.
4. NOMINATION OF FIDUCIARIES
4.1 Personal Representative. I nominate [PRIMARY PR NAME] to serve as Personal Representative of my estate. If [PRIMARY PR NAME] fails to qualify or ceases to serve, I nominate [ALTERNATE PR NAME].
4.2 Guardian of Minor Children. If at my death any minor child of mine requires a guardian, I nominate [PRIMARY GUARDIAN NAME] as guardian of the person and estate of such child, and [ALTERNATE GUARDIAN NAME] as alternate.
4.3 Bond Waiver. Unless a court orders otherwise for good cause, no bond or other security shall be required of any Fiduciary named herein.
5. PAYMENT OF DEBTS, EXPENSES & TAXES
5.1 Direction to Pay. My Personal Representative shall first pay (i) my legally enforceable debts, (ii) expenses of my last illness and funeral, and (iii) costs of estate administration, all from my probate estate.
5.2 Taxes. All estate, inheritance, generation-skipping transfer, and similar taxes occasioned by my death (“Death Taxes”) shall be paid out of the Residuary Estate without apportionment, except as otherwise provided in any tax allocation agreement binding my estate at death.
[// GUIDANCE: Consider including a tax apportionment clause if planning objectives require beneficiaries to bear tax proportionally.]
6. SPECIFIC BEQUESTS
6.1 Tangible Personal Property. I bequeath my tangible personal property in accordance with any valid written statement or list that I may leave, executed prior to or contemporaneously with this Will and signed by me.
6.2 Monetary & Charitable Gifts.
(a) [BENEFICIARY NAME] – $[AMOUNT]
(b) [CHARITY NAME, EIN] – $[AMOUNT] (for its general charitable purposes)
6.3 Lapse & Survivorship. Unless expressly stated otherwise, a Beneficiary must survive me by at least ninety (90) calendar days to receive a gift under this Article, failing which such gift shall lapse into the Residuary Estate.
7. RESIDUARY ESTATE & CREATION OF TESTAMENTARY TRUST
7.1 Pour-Over to Trust. I devise and bequeath my Residuary Estate to the Trustee, IN TRUST, to be held, managed, and distributed as provided in this Article 7 and Article 8 (collectively, the “Testamentary Trust”).
7.2 Name of Trust. The trust shall be known as the [TESTATOR SURNAME] FAMILY TRUST.
7.3 Purpose. The Trust’s primary purposes are:
(a) To provide for the health, education, support, and maintenance of my Beneficiaries;
(b) To preserve Trust Assets for future generations; and
(c) To achieve efficient long-term administration consistent with Rhode Island trust law.
7.4 Funding. The Trust shall be funded by:
(a) Distribution of my Residuary Estate;
(b) Any property passing to the Trustee by beneficiary designation, TOD, POD, or otherwise; and
(c) Any additional gifts or bequests accepted by the Trustee.
7.5 Trusteeship. I nominate [PRIMARY TRUSTEE NAME] as initial Trustee and [ALTERNATE TRUSTEE NAME] as successor.
8. TESTAMENTARY TRUST ADMINISTRATION
8.1 Trust Funding Confirmation
The Personal Representative shall deliver Trust Assets to the Trustee as promptly as practicable, securing receipts and releases for the Estate’s accounting.
8.2 Beneficiaries & Beneficial Interests
(a) Primary Beneficiaries: my Spouse and my Children, per stirpes.
(b) Contingent Beneficiaries: my descendants per stirpes, and if none, then my heirs-at-law.
8.3 Mandatory Distribution Standards
Until the termination of the Trust, the Trustee shall distribute, no less frequently than annually, so much of the net income of the Trust as the Trustee, in the Trustee’s sole discretion, deems advisable for the health, education, support, and maintenance (“HESM”) of the Primary Beneficiaries, subject to the fiduciary standards set forth in Section 9.
[// GUIDANCE: Replace HESM with a broader or narrower ascertainable standard as desired.]
8.4 Discretionary Distribution Standards
In addition to mandatory distributions, the Trustee may distribute principal for any Beneficiary’s HESM needs or to alleviate unforeseen hardship, considering all other resources reasonably available to such Beneficiary (“Discretionary Distribution”).
8.5 Termination of Trust
The Trust shall terminate upon the first to occur of:
(a) The youngest living Child reaching age [AGE OF TERMINATION];
(b) The expiration of twenty-one (21) years after the death of the last survivor of the descendants of my grandparents living at my death; or
(c) Court-ordered termination under applicable Rhode Island law.
Upon termination, remaining Trust Assets shall be distributed outright to the then-living Beneficiaries in equal shares, per stirpes.
9. TRUSTEE POWERS, DUTIES & FIDUCIARY STANDARDS
9.1 Statutory Incorporation. In addition to the powers granted by this Will, the Trustee shall have all powers permissible to a trustee under Rhode Island law in effect from time to time, including those relating to prudent investment, delegation, and modernization of trust administration.
9.2 Enumerated Powers. Without limiting Section 9.1, the Trustee may:
(a) Invest and reinvest Trust Assets in any prudent investment, including common trust funds;
(b) Acquire, sell, exchange, or encumber real or personal property;
(c) Allocate receipts and expenses between income and principal;
(d) Employ and compensate professionals (e.g., attorneys, accountants, investment advisers) from Trust Assets;
(e) Make loans, including to Beneficiaries, with or without security;
(f) Divide or consolidate Trust Assets;
(g) Exercise tax elections to minimize overall tax liability;
(h) Resolve doubts or conflicts by written instrument; and
(i) Perform any act necessary for proper administration.
9.3 Fiduciary Standards. The Trustee shall act in good faith, in accordance with the terms and purposes of the Trust and the interests of the Beneficiaries, and shall exercise the judgment and care under the prudent investor rule applicable in Rhode Island.
9.4 Accounting. At least annually, the Trustee shall furnish to each adult Beneficiary a written accounting of receipts, disbursements, and assets.
10. TRUSTEE INDEMNIFICATION, EXCULPATION & LIABILITY CAP
10.1 Limited Liability. No Trustee shall be personally liable for any loss to the Trust except for losses resulting from the Trustee’s bad faith, intentional misconduct, or gross negligence.
10.2 Indemnification. The Trust shall indemnify and hold harmless each Trustee, out of the Trust Assets and to the fullest extent permitted by law, from and against any and all liabilities, costs, and expenses reasonably incurred by the Trustee in the good-faith administration of the Trust.
10.3 Liability Cap. Any monetary liability of a Trustee arising out of this Will or the Trust shall be limited to the value of the Trust Assets under such Trustee’s control at the time the liability is determined.
11. REMOVAL, RESIGNATION & SUCCESSION OF TRUSTEES
11.1 Removal by Beneficiaries. A majority in interest of the adult Primary Beneficiaries may, by written instrument delivered to the Trustee, remove any Trustee with or without cause and appoint a successor Trustee who is not an adverse party.
11.2 Court Removal. Any Beneficiary may petition the appropriate Rhode Island probate court for removal of a Trustee for cause, including breach of fiduciary duty or incapacity.
11.3 Resignation. A Trustee may resign by giving at least thirty (30) days’ written notice to (i) any co-trustee, (ii) the adult Beneficiaries, and (iii) the court having jurisdiction, if any.
11.4 Successor Acceptance. A successor Trustee shall assume office upon written acceptance delivered to the resigning or removed Trustee (if living) and the adult Beneficiaries.
11.5 Continuity. Title to Trust Assets shall vest without court order in any successor Trustee immediately upon acceptance of the trusteeship.
12. NO-CONTEST & ALTERNATE DISPOSITION
12.1 No-Contest Clause. If any Beneficiary, directly or indirectly, contests this Will or any trust created hereby, or initiates or joins in any proceeding seeking to impair or invalidate any of its provisions, any share or interest in my estate or the Trust to which such Beneficiary would otherwise be entitled shall be forfeited and shall pass to the remaining Beneficiaries as if such contesting Beneficiary had predeceased me without issue.
[// GUIDANCE: Review enforceability of in terrorem clauses under current Rhode Island law; tailor duration and scope as necessary.]
13. GOVERNING LAW, FORUM & DISPUTE RESOLUTION
13.1 Governing Law. This Will and the Trust shall be construed and regulated in accordance with the substantive laws of the State of Rhode Island relating to probate, trusts, and fiduciaries, without regard to conflict-of-laws principles.
13.2 Mandatory Forum. Exclusive jurisdiction for any proceeding concerning the probate of this Will, appointment of Fiduciaries, or administration of the Trust shall lie with the appropriate Rhode Island probate court having jurisdiction over my domicile at death.
13.3 Arbitration. Because arbitration is not available for probate matters under the metadata provided, all controversies shall be resolved by the designated probate court.
13.4 Jury Waiver. To the extent a jury trial might otherwise be available in equity, the parties waive, and are deemed to waive, any right to a jury trial in any proceeding concerning probate or trust administration.
13.5 Injunctive Relief. Nothing herein shall impair the ability of any court of competent jurisdiction to issue temporary, preliminary, or permanent injunctive relief to enforce the terms of this Will or the Trust.
14. MISCELLANEOUS PROVISIONS
14.1 Spendthrift. All interests of Beneficiaries are subject to a spendthrift restriction and shall not be transferable, assignable, or subject to creditor claims before actual receipt.
14.2 Survivorship Requirement. Unless a different period is expressly stated, any devisee or Beneficiary must survive me by ninety (90) days to take under this Will.
14.3 Simultaneous Death. If the order of death between me and any Beneficiary cannot be established, such Beneficiary shall be deemed to have predeceased me.
14.4 Savings Clause. If any provision of this Will is determined invalid or unenforceable, the remaining provisions shall remain in full force to the maximum extent permitted.
14.5 Headings. Section headings are for convenience only and do not affect interpretation.
14.6 Gender & Number. Words of any gender include all genders; words in the singular include the plural and vice versa as the context requires.
15. EXECUTION, WITNESS ATTESTATION & SELF-PROVING AFFIDAVIT
IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], have hereunto set my hand on the date first written above.
[TESTATOR FULL LEGAL NAME], Testator
ATTESTATION CLAUSE
We, the undersigned witnesses, do hereby certify that on the date written above, the Testator declared this instrument to be the Testator’s Last Will and Testament, signed it in our presence, and requested that we sign as witnesses. The Testator appeared to be of sound mind, free from duress, and at least eighteen (18) years of age. We now, in the presence of the Testator and of each other, subscribe our names as witnesses.
| Witness Name & Address | Signature | Date |
|---|---|---|
| 1. [____] | ________ | ____ |
| 2. [____] | ________ | ____ |
| 3. [____] | ________ | ____ |
SELF-PROVING AFFIDAVIT
State of Rhode Island
County of [______]
We, [TESTATOR NAME], the Testator, and [WITNESS 1], [WITNESS 2], and [WITNESS 3], the witnesses, whose names are signed to the foregoing instrument, being first duly sworn, declare to the undersigned authority that the Testator signed and executed the instrument as the Testator’s Last Will and Testament; that the Testator signed willingly, and that each witness, in the presence of the Testator and of each other, signed the Will as witness; that to the best of our knowledge the Testator was eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.
[TESTATOR SIGNATURE]
[WITNESS 1 SIGNATURE]
[WITNESS 2 SIGNATURE]
[WITNESS 3 SIGNATURE]
Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], the Testator, and subscribed and sworn to before me by [WITNESS 1], [WITNESS 2], and [WITNESS 3], witnesses, this ___ day of ____, 20__.
Notary Public
My Commission Expires: ____
[// GUIDANCE: Verify current Rhode Island witnessing requirements (minimum two witnesses) and self-proving affidavit language under R.I. Gen. Laws Title 33 before finalization. Adapt notary block to match local practice (jurat vs. acknowledgement) and remove extra witness if not desired.]