LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

Dated: [EFFECTIVE DATE]
State of Washington

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Revocation of Prior Wills
   3.2 Family Status & Community Property Statement
   3.3 Appointment of Personal Representative
   3.4 Payment of Debts, Expenses, and Taxes
   3.5 Specific Bequests
   3.6 Residuary Disposition and Creation of the Family Trust
4. Testamentary Trust Terms (“Family Trust”)
   4.1 Establishment and Funding
   4.2 Trustee Appointment & Successor Trustees
   4.3 Trustee Powers & Fiduciary Standards
   4.4 Distribution Provisions
   4.5 Spendthrift Protection
   4.6 Trustee Indemnification & Liability Cap
   4.7 Termination of Trust
5. Default & Remedies
6. Dispute Resolution, Governing Law & Forum Selection
7. General Provisions
8. Execution Block
9. Witness Attestation Clause
10. Self-Proving Affidavit

1. DOCUMENT HEADER

THIS LAST WILL AND TESTAMENT (“Will”) is executed on the Effective Date set forth above by [TESTATOR FULL LEGAL NAME], a resident of [COUNTY], Washington (“Testator”), being of sound mind and over eighteen (18) years of age, pursuant to Wash. Rev. Code § 11.12.020 (2023), and acting freely and voluntarily.

Recitals
A. Testator desires to dispose of Testator’s property at death, provide for the administration of such property, and create a testamentary trust for the benefit of Testator’s spouse and descendants.
B. This Will is intended to comply with all applicable provisions of Title 11 of the Revised Code of Washington (the “RCW”) and the Washington Trust Act, Wash. Rev. Code ch. 11.103 (2023).

2. DEFINITIONS

For ease of interpretation, the following capitalized terms shall have the meanings set forth below:

“Beneficiaries” – Individuals or entities entitled to receive distributions under this Will, including income or principal of the Family Trust.

“Community Property” – All property characterized as community under Washington law.

“Estate” – The aggregate of Testator’s probate assets, liabilities, rights, and obligations at death.

“Family Trust” – The testamentary trust established under Section 4 of this Will.

“Personal Representative” – The executor/administrator appointed in Section 3.3 to administer the Estate.

“Separate Property” – All property characterized as separate under Washington law.

“Trust Assets” – All property transferred to and held by the Family Trust.

“Trustee” – The individual or institution serving from time to time under Section 4.2.

[// GUIDANCE: Add or delete defined terms as needed; ensure consistent cross-references.]

3. OPERATIVE PROVISIONS

3.1 Revocation of Prior Wills

I hereby revoke all prior wills and codicils.

3.2 Family Status & Community Property Statement

I am married to [SPOUSE NAME] (“Spouse”). All references to my children are to [LIST CHILDREN; if none, state “no living children”]. I acknowledge Washington’s community property regime; all Community Property passes in accordance with RCW Title 26 and this Will.

3.3 Appointment of Personal Representative

a. I nominate [PRIMARY PR NAME] as Personal Representative (PR) of my Estate.
b. Successor PR: [ALTERNATE PR NAME].
c. Bond: Waived, unless required by the court.
d. Powers: The PR shall have all powers granted under Wash. Rev. Code § 11.68.090 (2023) and any other applicable statute, including independent probate administration.

3.4 Payment of Debts, Expenses, and Taxes

My PR shall pay from the residue of my Estate (i) my legally enforceable debts, (ii) funeral and testamentary expenses, and (iii) all estate, inheritance, and similar taxes attributable to property passing under this Will or otherwise (without apportionment among recipients), except obligations secured by real property which may be assumed by beneficiaries unless otherwise directed.

3.5 Specific Bequests

I give the following:
1. Tangible Personal Property – As set forth in any duly executed written memorandum pursuant to Wash. Rev. Code § 11.12.260 (2023).
2. Cash Bequests – [e.g., “$10,000 to my niece, ___”].
[// GUIDANCE: Schedule additional or conditional gifts as needed.]

3.6 Residuary Disposition and Creation of the Family Trust

All the rest, residue, and remainder of my Estate, including any lapsed or failed devises (“Residuary Estate”), I devise to the Trustee of the Family Trust, to be held, managed, and distributed in accordance with Section 4.

4. TESTAMENTARY TRUST TERMS (“FAMILY TRUST”)

4.1 Establishment and Funding

Upon my death, the Family Trust shall be deemed irrevocably established. The Trustee shall allocate and transfer the Residuary Estate and any other property payable to the Trust (collectively, “Trust Assets”) to the Trust.

4.2 Trustee Appointment & Successor Trustees

a. Initial Trustee: [PRIMARY TRUSTEE].
b. Successor Trustees: [1ST SUCCESSOR], then [2ND SUCCESSOR].
c. Trustees shall serve without bond except as required by the court.
d. Resignation, removal, and vacancy procedures shall follow Wash. Rev. Code § 11.98.039 (2023).

4.3 Trustee Powers & Fiduciary Standards

a. Powers: The Trustee shall have all powers conferred under Wash. Rev. Code § 11.98.070 (2023), including, without limitation, the power to invest, reinvest, sell, lease, mortgage, and make distributions.
b. Fiduciary Standard: The Trustee shall administer the Trust with prudence and loyalty consistent with Wash. Rev. Code § 11.103.100 (2023).
c. Delegation: The Trustee may delegate investment and administrative functions per RCW and prudent investor standards.

4.4 Distribution Provisions

4.4.1 Primary Beneficiary – Spouse
a. Income: Distribute all net income, at least annually, to Spouse.
b. Principal: The Trustee may distribute principal for Spouse’s health, education, maintenance, and support (“HEMS”) in Spouse’s accustomed standard of living.

4.4.2 Secondary Beneficiaries – Descendants
a. During Spouse’s Lifetime: Trustee may distribute income or principal to or for the benefit of my descendants for HEMS, considering other resources.
b. Upon Spouse’s Death: Divide remaining Trust Assets into equal shares per stirpes for my then-living descendants.
c. Staggered Age Distribution: Each descendant’s share shall be distributed—
• One-third at age 25
• One-half of the balance at age 30
• Remainder at age 35
The Trustee may retain any undistributed share in further trust.

4.4.3 Discretionary Suspension
If a beneficiary is under a disability or subject to creditor claims, the Trustee may withhold distributions and apply funds directly for such beneficiary’s benefit.

4.5 Spendthrift Protection

All interests in the Family Trust are subject to a spendthrift restriction to the maximum extent permitted by Wash. Rev. Code § 11.104A.070 (2023). No beneficiary may anticipate, alienate, or assign any interest, nor shall such interest be subject to creditor claims until distributed.

4.6 Trustee Indemnification & Liability Cap

a. Indemnification: The Trustee shall be indemnified out of Trust Assets against any expense, claim, or liability (including legal fees) incurred in good-faith administration, except for acts of gross negligence or willful misconduct.
b. Liability Cap: Any liability of the Trustee to beneficiaries or third parties shall be limited to the value of the Trust Assets under the Trustee’s control; the Trustee shall have no personal liability beyond such assets.

4.7 Termination of Trust

The Family Trust shall terminate upon the distribution of all Trust Assets pursuant to Section 4.4, or earlier if Trust Assets are reduced below $[THRESHOLD] and the Trustee determines continued administration is uneconomical (per Wash. Rev. Code § 11.103.020(14) (2023)). Upon termination, the Trustee shall distribute remaining assets outright to the then-income beneficiaries, per capita.

5. DEFAULT & REMEDIES

5.1 Removal of Trustee
A court of competent jurisdiction sitting in probate may remove a Trustee for cause upon petition by an interested person, consistent with Wash. Rev. Code § 11.98.039.

5.2 Enforcement
Beneficiaries may seek specific performance, accounting, or injunctive relief for breach of trust. Attorney fees may be awarded per Wash. Rev. Code § 11.96A.150 (2023).

6. DISPUTE RESOLUTION, GOVERNING LAW & FORUM SELECTION

6.1 Governing Law
This Will and the Family Trust shall be construed in accordance with the laws of the State of Washington, without regard to conflict-of-laws principles.

6.2 Exclusive Forum
All matters relating to the probate of this Will and administration of the Family Trust shall be brought exclusively in the [COUNTY] Superior Court (Probate Division).

6.3 Arbitration & Jury Waiver
Arbitration is expressly not available. The right to a jury trial is waived to the extent permitted by law for probate and trust matters.

6.4 Injunctive Relief
Nothing herein shall limit the court’s equitable power to issue restraining orders or injunctions to protect Trust Assets or enforce fiduciary duties.

7. GENERAL PROVISIONS

7.1 No-Contest Clause
Any beneficiary who contests this Will (other than in good-faith interpretation) shall forfeit his or her interest and be deemed to have predeceased me.

7.2 Severability
Should any provision be invalid, the remaining provisions shall remain in full force.

7.3 Headings
Headings are for convenience only and do not affect interpretation.

7.4 Digital Assets
My PR and Trustee shall have the authority to access, manage, and dispose of digital assets under the Revised Uniform Fiduciary Access to Digital Assets Act, Wash. Rev. Code ch. 11.120 (2023).

7.5 Simultaneous Death
If Spouse and I die under circumstances rendering the order of death uncertain, Spouse shall be deemed to have predeceased me for all purposes.

7.6 Gender & Number
Words of any gender include all genders; singular includes plural and vice versa as context requires.

8. EXECUTION BLOCK

IN WITNESS WHEREOF, I have subscribed my name to this Will on the date first above written.

Testator: _______
[TESTATOR FULL LEGAL NAME]

Address: [STREET], [CITY], WA [ZIP]

[// GUIDANCE: Consider executing counterparts if multiple originals are desired.]

9. WITNESS ATTESTATION CLAUSE

We, the undersigned witnesses, each do hereby declare in the presence of the Testator and of each other that the Testator signed and executed this instrument as the Testator’s Last Will and Testament, that the Testator signed willingly, or willingly directed another to sign for the Testator, and that we, in the Testator’s presence and in the presence of each other, and at the Testator’s request, have subscribed our names as witnesses on the date shown above. We further declare that the Testator is of sound mind and under no constraint or undue influence.

Witness #1: ____
Name: [PRINTED NAME]
Address: ____

Witness #2: ____
Name: [PRINTED NAME]
Address: ____

10. SELF-PROVING AFFIDAVIT

(State of Washington)
County of [____]

BEFORE ME, the undersigned authority, on this day personally appeared [TESTATOR], [WITNESS #1], and [WITNESS #2], known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument, and, being first duly sworn, each on oath, did declare to me that the Testator executed the instrument as the Testator’s Last Will and Testament, that the Testator signed willingly, and that each witness, in the presence and hearing of the Testator, signed the Will as a witness.

Subscribed and sworn before me on this ___ day of _, 20.

Notary Public in and for the State of Washington
My commission expires: ___

[// GUIDANCE:
1. Review all bracketed placeholders for accuracy.
2. Confirm that fiduciary appointments align with client instructions.
3. Attach any referenced memoranda or schedules.
4. Consider adding charitable or tax-planning provisions if relevant.
5. Obtain independent witness signatures and complete notarization to create a self-proved will under RCW 11.20.020.]