Complex Will with Trust - Utah

COMPLEX WILL WITH TESTAMENTARY TRUST

(State of Utah)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
 A. Revocation of Prior Instruments
 B. Family Information & Identification of Heirs
 C. Appointment of Personal Representative
 D. Payment of Debts, Expenses, and Taxes
 E. Specific Bequests
 F. Residuary Clause & Pour-Over to Testamentary Trust
 G. Creation of Testamentary Trust
 H. Trustee Provisions & Fiduciary Standards
 I. Beneficiary Distribution Provisions
 J. Guardian Appointment for Minor Children (if any)
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block (Utah-Compliant)

I. DOCUMENT HEADER

1.1 Title
LAST WILL AND TESTAMENT OF [TESTATOR FULL LEGAL NAME]

1.2 Testator Information
I, [Testator Full Legal Name], of [County] County, Utah, being of sound mind and disposing memory, do hereby make, publish, and declare this instrument to be my Last Will and Testament (“Will”), hereby revoking all prior wills and codicils.

1.3 Effective Date & Governing Law
This Will is executed on [Execution Date] and shall be construed, regulated, and enforced in accordance with the laws of the State of Utah, without regard to conflicts of law principles.

II. DEFINITIONS

For purposes of this Will, capitalized terms shall have the meanings set forth below. Defined terms include the singular and plural forms and apply equally to any gender.

“Administration Expenses” – All costs, expenses, and liabilities reasonably incurred in the probate of my estate, including fiduciary compensation, attorney fees, and court costs.

“Beneficiary” – Each person or entity entitled to receive a distribution under this Will or the Trust.

“Child” and “Issue” – A lineal descendant of mine (including legally adopted descendants) determined under Utah Code Title 75, Chapter 2.

“Personal Representative” – The individual or institution appointed under Section III.C to administer my probate estate (also known as “Executor”).

“Residue” – All property of my probate estate not otherwise disposed of by specific bequest, whether real, personal, tangible, or intangible.

“Trust” – The testamentary trust created in Section III.G (the “[TESTATOR SURNAME] FAMILY TRUST”).

“Trustee” – The person(s) or entity(ies) serving from time to time as trustee of the Trust.

III. OPERATIVE PROVISIONS

A. Revocation of Prior Instruments

I hereby revoke all prior wills, codicils, and testamentary dispositions executed by me.

B. Family Information & Identification of Heirs

1. I am married to [Spouse Name] (the “Spouse”).
2. I have the following children: [Child Name 1], [Child Name 2], and [Child Name 3] (collectively, my “Children”).
3. Any reference to “Children” or “Issue” shall include any child hereafter born to or legally adopted by me.

C. Appointment of Personal Representative

1. I appoint [Primary Personal Representative Name] as Personal Representative.
2. If the Primary Personal Representative is unable or unwilling to serve, I appoint [Successor Personal Representative Name].
3. The Personal Representative shall have all powers granted under Utah Code Ann. §§ 75-3-704, 75-3-710, and 75-3-714, and any additional powers granted herein.

D. Payment of Debts, Expenses, and Taxes

1. The Personal Representative shall first pay all Administration Expenses and enforceable debts of my estate.
2. All estate, inheritance, and generation-skipping transfer taxes (including interest and penalties) attributable to property passing under this Will or outside it shall be paid from the residue without apportionment against any beneficiary unless otherwise directed herein.
3. The Personal Representative may, in the exercise of reasonable discretion, make elections under Sections 303, 2032A, 6166, and other applicable sections of the Internal Revenue Code.

E. Specific Bequests

1. Tangible Personal Property. I give my tangible personal property as set forth in any signed memorandum prepared in accordance with Utah Code Ann. § 75-2-513.

2. Cash Bequests.
   a. [Amount] to [Beneficiary Name].
   b. [Amount] to [Charity Name and EIN], provided it is a qualified charitable organization at my death.

3. Real Property. I devise the real property located at [Address / Legal Description] to [Beneficiary Name], subject to any mortgages or liens.

F. Residuary Clause & Pour-Over to Testamentary Trust

All the residue of my probate estate, including any lapsed or failed gifts (the “Residue”), I give, devise, and bequeath to the Trustee of the Trust created below, to be held, administered, and distributed in accordance with the Trust provisions.

G. Creation of Testamentary Trust

1. Name & Funding. There is hereby created the “[TESTATOR SURNAME] FAMILY TRUST” (the “Trust”) to be funded with the Residue and any additional property payable to the Trust.
2. Term. The Trust shall continue until the date that is twenty-one (21) years after the death of the last surviving descendant of mine living on the date of my death, unless terminated earlier under the terms herein.
3. Purpose. The Trust’s primary purposes are:
   a. dispositive flexibility for beneficiaries;
   b. asset management for minors or incapacitated beneficiaries;
   c. creditor protection; and
   d. tax efficiency.

H. Trustee Provisions & Fiduciary Standards

1. Trustee Appointment.
   a. Initial Trustee: [Primary Trustee Name].
   b. Successor Trustee(s): [Successor Trustee Name 1], then [Successor Trustee Name 2].

2. Bond. No Trustee shall be required to post bond.

3. Fiduciary Standards. Each Trustee shall act in good faith and in the best interests of the beneficiaries, in accordance with the prudent investor rule of Utah Code Ann. § 75B-2-902.

4. Trustee Powers. In addition to statutory powers, the Trustee may:
   i. retain, sell, or exchange Trust assets;
   ii. delegate investment functions;
   iii. make discretionary distributions;
   iv. lend money to or borrow from the Trust;
   v. adjust between income and principal.

5. Co-Trustees. If more than one Trustee serves, decisions shall be by majority unless otherwise indicated. Any Trustee may act alone in emergency circumstances.

6. Trustee Resignation & Removal. A Trustee may resign on thirty (30) days’ written notice to the adult beneficiaries and any co-trustee. A majority of adult beneficiaries may remove a Trustee for cause and appoint a successor.

I. Beneficiary Distribution Provisions

1. Health, Education, Maintenance & Support (“HEMS”). During the lifetime of any beneficiary, the Trustee may distribute to or for such beneficiary’s benefit such amounts of net income and principal as the Trustee deems advisable for HEMS.

2. Mandatory Distributions.
   a. Upon a beneficiary reaching age [Age 1], distribute one-third (1/3) of such beneficiary’s vested share.
   b. Upon age [Age 2], distribute one-half (1/2) of the remaining share.
   c. Upon age [Age 3], distribute the balance outright and free of trust.

3. Spendthrift. All beneficial interests are subject to a spendthrift clause consistent with Utah Code Ann. § 75B-2-502; no beneficiary may voluntarily or involuntarily alienate any interest prior to actual receipt.

4. Accumulation & Termination. Undistributed income shall be added to principal. Upon final distribution, the Trust shall terminate, and the Trustee shall render a final accounting.

J. Guardian Appointment for Minor Children (if any)

If any of my Children are minors at my death, I appoint [Guardian Name] as guardian of each unemancipated minor under Utah Code § 75-5-202, with [Alternate Guardian Name] as alternate. Subject to court appointment under § 75-5-410(1)(g), I separately nominate [Conservator Name] as conservator of each minor’s property, with [Alternate Conservator Name] as alternate. These are separate roles.

IV. REPRESENTATIONS & WARRANTIES

The Personal Representative and each Trustee warrant that they:

1. possess the requisite legal capacity and, if an institution, are duly authorized to act;
2. will faithfully discharge fiduciary duties under Utah law; and
3. will maintain accurate books and records, available for reasonable inspection by adult beneficiaries.

V. COVENANTS & RESTRICTIONS

1. No Self-Dealing. Fiduciaries shall not engage in self-dealing except as expressly authorized by all qualified beneficiaries or court order.
2. Duty of Impartiality. Trustees shall act impartially among beneficiaries, taking into account differing interests.
3. Notification. Within sixty (60) days after accepting trusteeship, the Trustee shall notify each qualified beneficiary of the trustee’s name, address, and fiduciary responsibilities.

VI. DEFAULT & REMEDIES

1. Removal for Breach. A fiduciary’s substantial breach of duty constitutes grounds for removal and surcharge.
2. Accounting Demand. Any qualified beneficiary may demand a formal accounting; failure to provide within ninety (90) days may result in court-ordered relief.
3. Attorneys’ Fees & Costs. In any judicial proceeding relating to this Will or Trust, the court may award reasonable attorneys’ fees and costs from the estate or Trust as equity may require.

VII. RISK ALLOCATION

1. Trustee Indemnification. To the fullest extent permitted by law, the Trustee shall be indemnified from the Trust assets against any claim or liability except those arising from the Trustee’s bad faith, willful misconduct, or gross negligence.
2. Limitation of Liability. This will creates no blanket limit on a Trustee’s personal liability. Any exculpation of the testamentary trustee is subject to Utah Code § 75B-2-1008; liability for trust obligations is governed by applicable law.
3. Insurance. The Trustee may purchase fiduciary liability insurance, payable from Trust assets.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Will and the Trust shall be governed by the substantive laws of the State of Utah.
2. Forum. Probate proceedings shall be brought in a court with jurisdiction and venue under applicable Utah law. Venue for the first testacy or appointment proceeding follows Utah Code § 75-3-201.
3. Arbitration. No provision for binding arbitration is made.
4. Jury Rights. This Will does not waive another party's right to demand a jury trial. Under Utah Code § 75-1-306, a party who duly demands a jury is entitled to one in a formal testacy proceeding or on a controverted fact issue carrying a statutory or constitutional jury right. Where no such right exists or it has been waived by the party entitled to it, the court may call an advisory jury.
5. Injunctive Relief. Nothing herein limits the court’s equitable powers to issue injunctive or other relief to enforce fiduciary duties.

IX. GENERAL PROVISIONS

1. Severability. If any provision of this Will or Trust is invalid under applicable law, the remaining provisions shall remain in full force.
2. No Contest Clause. A beneficiary who contests this Will or its testamentary trust, or brings another proceeding relating to my estate, without probable cause shall forfeit that beneficiary's interests under this Will, which shall pass as if the beneficiary predeceased me without issue. This clause is unenforceable against a proceeding brought with probable cause under Utah Code § 75-2-515.
3. Digital Assets. The Personal Representative and Trustees are granted all lawful authority to access, manage, and dispose of my digital assets and electronic communications pursuant to Utah’s Revised Uniform Fiduciary Access to Digital Assets Act.
4. Gender & Number. Unless context requires otherwise, words of any gender include all genders, and the singular includes the plural.
5. Headings. Headings are for convenience only and do not affect interpretation.
6. Integration. This document constitutes my entire Will; there are no agreements or understandings not herein expressed.
7. Execution. Sign this paper Will as one complete instrument, with the Testator’s signature and two witness signatures meeting Utah Code § 75-2-502(1). This form does not authorize separate signed counterparts or electronic execution.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, I, [Testator Full Legal Name], have set my hand to this instrument on this [Day] day of [Month, Year].

__________________________________________________
[TESTATOR SIGNATURE]

ATTESTATION CLAUSE

We, the undersigned witnesses, declare that: (1) the Testator signified that the foregoing instrument is the Testator’s Last Will and Testament; (2) the Testator signed it or acknowledged the Testator’s signature in our presence; (3) the Testator appears to be of sound mind and not under duress, fraud, or undue influence; and (4) we, in the Testator’s presence and at the Testator’s request, sign our names as witnesses within a reasonable time after witnessing the Testator’s signing or acknowledgment, as required by Utah Code § 75-2-502(1)(c).

1. ______________________________________________
   Witness #1 Signature
   Name: __________________________
   Address: ________________________

2. ______________________________________________
   Witness #2 Signature
   Name: __________________________
   Address: ________________________

SELF-PROVING AFFIDAVIT (Optional)

This affidavit follows the separate, post-execution method of Utah Code § 75-2-504(2). The Testator and both witnesses must appear before an officer authorized to administer oaths and sign this affidavit; the officer completes the certificate under official seal.

State of Utah

County of [________________]

We, [Testator Name], [Witness #1 Name], and [Witness #2 Name], whose names are signed to the foregoing Will, being duly sworn, declare to the undersigned officer: The Testator signed and executed the Will willingly, as a free and voluntary act for the purposes expressed in it. Each witness signed the Will in the Testator’s presence and hearing. To the best of each witness’s knowledge, the Testator was then at least 18 years old, of sound mind, and under no constraint or undue influence.

Testator: [________________________________]

Witness #1: [________________________________]

Witness #2: [________________________________]

Subscribed, sworn to, and acknowledged before me by [Testator Name], and subscribed and sworn to before me by [Witness #1 Name] and [Witness #2 Name], this [____] day of [________________], [________].

Officer signature: [________________________________]

Official capacity: [________________________________]

Commission expires, if applicable: [________________]

Official seal: [AFFIX SEAL]