Complex Will with Trust - Washington

LAST WILL AND TESTAMENT WITH FAMILY TRUST

I, [TESTATOR FULL LEGAL NAME], of [COUNTY] County, Washington, being at least eighteen years old and of sound mind, make this my Last Will and Testament. I revoke my earlier wills and codicils.

1. Family and property

My spouse is [SPOUSE FULL LEGAL NAME] ("Spouse"). My children are [LIST EACH CHILD'S FULL LEGAL NAME, INCLUDING ADOPTED CHILDREN]. In this Will, "descendants" means my lineal descendants. The gifts below cover only property I can dispose of by will; I do not devise my spouse's share of community property. (RCW 26.16.030(1).)

2. Personal Representative

I nominate [PRIMARY PERSONAL REPRESENTATIVE FULL NAME] as Personal Representative. If that person cannot or will not serve, I nominate [SUCCESSOR PERSONAL REPRESENTATIVE FULL NAME]. My Personal Representative shall administer my estate under applicable law and court orders, pay enforceable debts and proper administration expenses, and distribute the balance under this Will. My Personal Representative may petition the court for nonintervention powers. Any bond or other security is governed by law and court order. (RCW 11.28.185; RCW 11.68.011(2).)

3. Specific gifts

I make the following gifts from property I may devise. Write "none" if I make no specific gift. A gift to a recipient who does not survive me becomes part of the residuary estate unless this table states another recipient.

4. Residuary gift and creation of Family Trust

I give the rest of the property I may devise, after estate administration, to [PRIMARY TRUSTEE FULL NAME] as Trustee of the [TESTATOR SURNAME] Family Trust under the terms set out below. If that person cannot or will not serve, the first available successor named in Section 5 takes as Trustee. I intend this Will itself to create the trust when property is transferred under this gift. The Trustee shall hold, manage, and distribute that property for the named beneficiaries according to Sections 5 through 8. (RCW 11.98.008; RCW 11.98.011; RCW 11.98.013.)

5. Trustee and administration

My initial Trustee is [PRIMARY TRUSTEE FULL NAME]. If that person cannot or will not serve, my successor Trustees, in order, are [FIRST SUCCESSOR TRUSTEE FULL NAME] and [SECOND SUCCESSOR TRUSTEE FULL NAME]. No person may serve as the sole Trustee if that person is also the sole beneficiary of the trust. If no named Trustee can serve, a court may appoint a Trustee under applicable law.

The Trustee shall identify and safeguard trust property, keep records, invest and manage it, pay proper trust expenses, and make distributions required by this Will. The Trustee may use the property-management powers allowed by RCW 11.98.070, subject to the standards provided by law and any applicable court order. A Trustee who is also a beneficiary shall not decide a discretionary distribution to that Trustee; an independent successor Trustee shall decide it.

6. Spouse's lifetime interest

If Spouse survives me, the Trustee shall distribute the trust's net income to Spouse at least annually during Spouse's life. The Trustee may also distribute principal to or for Spouse as the Trustee considers appropriate for Spouse's health, education, maintenance, and support. During Spouse's life, the remaining principal stays in trust. If Spouse does not survive me, the Trustee shall proceed directly to Section 7.

7. Remainder beneficiaries and separate shares

When Spouse dies, or at my death if Spouse does not survive me, the Trustee shall divide the remaining trust property among the following named remainder beneficiaries in the percentages shown. The percentages must total 100 percent. A deceased named beneficiary's share passes to that beneficiary's living descendants by representation. If that beneficiary has no living descendants, the Trustee shall divide that share proportionately among the other named beneficiaries or their living descendants. If none of those persons survives, the share passes to the ultimate taker in Section 8.

The Trustee shall distribute a beneficiary's share outright if the beneficiary is at least [AGE, E.G., 25] years old. Until a beneficiary reaches that age, the Trustee shall retain the share as a separate trust for that beneficiary. The Trustee may distribute income or principal from that separate share for the beneficiary's health, education, maintenance, and support. On reaching the stated age, the beneficiary receives the balance of that share outright. If the beneficiary dies before that age, the remaining share passes to the beneficiary's living descendants by representation; if there are none, it passes proportionately to the other remainder beneficiaries or their living descendants, and, if none, to the ultimate taker in Section 8.

8. Ultimate taker

If no person entitled under Section 7 survives to receive the remaining trust property, the Trustee shall distribute it outright to [ULTIMATE TAKER FULL LEGAL NAME AND IDENTIFYING DETAILS]. If that person or entity cannot take, distribute it to [SECOND ULTIMATE TAKER FULL LEGAL NAME AND IDENTIFYING DETAILS]. Complete both names before signing.

9. Governing law and severability

Washington law governs this Will and the Family Trust. If a provision is held invalid, the remaining provisions continue to the extent they can be carried out.

10. Execution

I sign this Will voluntarily on [__/__/____] at [CITY], Washington.

Testator signature: [________________________________]

Printed name: [TESTATOR FULL LEGAL NAME]

Witness attestation

We are two competent witnesses. The Testator signed this Will in our physical presence, declared it to be the Testator's Will, and asked us to witness it. We sign in the Testator's physical presence. To the best of our knowledge, the Testator is at least eighteen years old and of sound mind. (RCW 11.12.010; RCW 11.12.020(1).)

Witness 1 signature: [________________________________] Date: [__/__/____]

Printed name: [________________________________] Address: [________________________________]

Witness 2 signature: [________________________________] Date: [__/__/____]

Printed name: [________________________________] Address: [________________________________]