LAST WILL AND TESTAMENT

and

TESTAMENTARY TRUST AGREEMENT

of [TESTATOR FULL LEGAL NAME]

Effective Date: [MONTH] [DAY], [YEAR]
Domicile: [County], Wyoming, United States of America

[// GUIDANCE: 1. This template is drafted for use under Wyoming law. 2. Bracketed items must be customized. 3. After customization, remove all guidance comments.]

TABLE OF CONTENTS

1. Recitals & Statement of Intent
2. Definitions
3. Revocation of Prior Instruments
4. Family Information & Disinheritance
5. Appointment of Fiduciaries
   5.1 Personal Representative
   5.2 Trustee
   5.3 Guardian of Minor Children
6. Specific Bequests & Devises
7. Residuary Estate; Creation of the [NAME OF FAMILY TRUST]
8. Trust Administration Terms
   8.1 Beneficiaries & Distributions
   8.2 Trustee Powers
   8.3 Fiduciary Standards & Limitations
   8.4 Trustee Indemnification & Liability Cap
   8.5 Termination of Trust
9. Tax Matters & Apportionment
10. No-Contest Clause
11. Governing Law; Forum Selection; Injunctive Relief
12. Miscellaneous Provisions
13. Attestation & Execution
14. Witness Acknowledgment
15. Self-Proving Affidavit (Wyoming)

1. RECITALS & STATEMENT OF INTENT

I, [TESTATOR FULL LEGAL NAME], a resident of [County], Wyoming (the “Testator”), being of sound mind and memory and acting of my own free will, do hereby declare this instrument to be my Last Will and Testament and Testamentary Trust Agreement (this “Will”), revoking all prior wills and codicils. I direct that this Will be construed in accordance with the laws of the State of Wyoming and that it be admitted to probate in the [County] District Court, Probate Division.

2. DEFINITIONS

For ease of reference, the following capitalized terms have the meanings set forth below. Terms not defined here shall have their ordinary legal meanings under Wyoming law.

“Applicable Law” means the Wyoming Probate Code and the Wyoming Uniform Trust Code, as amended from time to time, and any other controlling federal or state statutes or regulations.

“Beneficiary” means any person or entity entitled to receive distributions from the Trust Estate pursuant to Article 8.

“Child” or “Children” means my lineal descendants in the first degree, whether born to me or legally adopted by me, and expressly excludes step-children unless otherwise named herein.

“Court” means the District Court of the State of Wyoming in and for [County], Probate Division, or any successor court exercising probate jurisdiction.

“Personal Representative” means the executor, executrix, or administrator of my estate appointed pursuant to Section 5.1.

“Trust” means the testamentary trust created under Article 7 of this Will and commonly referred to herein as the “[NAME OF FAMILY TRUST].”

“Trustee” means the person or entity nominated in Section 5.2 and any qualified successor or co-trustee acting pursuant to this Will and Applicable Law.

“Trust Estate” means all property, real or personal, tangible or intangible, conveyed or transferred to the Trustee under Article 7, together with all accumulations and substitutions therefor.

3. REVOCATION OF PRIOR INSTRUMENTS

I hereby revoke, annul, and render void all prior wills, codicils, and testamentary dispositions heretofore made by me.

4. FAMILY INFORMATION & DISINHERITANCE

4.1 Marital Status. I am currently [married to / single / divorced from] [SPOUSE NAME].
4.2 Children. I have the following children: [LIST NAMES & BIRTHDATES].
4.3 Intentional Omission. Except as otherwise expressly provided, I have intentionally omitted all other heirs who might otherwise be entitled to share in my estate.

5. APPOINTMENT OF FIDUCIARIES

5.1 Personal Representative

a. I nominate [PRIMARY PR NAME] as Personal Representative of my estate.
b. If [PRIMARY PR NAME] is unwilling or unable to serve, I nominate [ALTERNATE PR NAME] as successor Personal Representative.
c. Bond. No bond shall be required of any Personal Representative unless the Court specifically orders otherwise.

5.2 Trustee

a. I nominate [PRIMARY TRUSTEE NAME] as initial Trustee of the Trust.
b. Successor Trustees shall serve in the following order: [1] [NAME], [2] [NAME].
c. Corporate Trustee Option. If no nominated individual is willing or able to serve, a trust company or bank with fiduciary powers qualified to do business in Wyoming may serve as Trustee.

5.3 Guardian of Minor Children

If at my death any of my children are minors, I nominate [PRIMARY GUARDIAN NAME] as guardian of the person and estate of such minors. [ALTERNATE GUARDIAN NAME] is nominated as successor guardian.

[// GUIDANCE: Confirm guardian nominations comply with Wyo. Stat. Title 3 (Guardianship).]

6. SPECIFIC BEQUESTS & DEVISES

6.1 Personal Property. I devise and bequeath all jewelry, household furnishings, vehicles, and other tangible personal property to [NAME], if he or she survives me by thirty (30) days.
6.2 Charitable Gifts. I give [$ AMOUNT OR %] of my probate estate to [CHARITY LEGAL NAME & EIN].
6.3 Contingencies. If any specific beneficiary fails to survive me by thirty (30) days, the lapsed gift shall pass to my Residuary Estate unless otherwise provided herein.

7. RESIDUARY ESTATE; CREATION OF THE [NAME OF FAMILY TRUST]

I give, devise, and bequeath my Residuary Estate, of whatsoever nature and wheresoever situated, to the Trustee, IN TRUST, to hold, manage, and distribute the same as the Trust Estate pursuant to Article 8 of this Will. This Trust shall be known as the “[NAME OF FAMILY TRUST]” (the “Trust”), and the Trustee shall administer the Trust in accordance with the provisions herein and Applicable Law.

8. TRUST ADMINISTRATION TERMS

8.1 Beneficiaries & Distributions

a. Primary Beneficiaries. During the lifetime of my spouse [SPOUSE NAME], the Trustee may distribute such amounts of net income and principal as the Trustee, in its sole and absolute discretion, deems necessary or advisable for the health, education, maintenance, or support (“HEMS”) of my spouse.

b. Descendant Beneficiaries. After the death of my spouse, or if I leave no surviving spouse, the Trustee shall distribute or apply income and principal for the HEMS of my Children and their issue, per stirpes.

c. Mandatory Termination Distribution. Upon the youngest living Child attaining age [AGE e.g., 30] or upon earlier termination pursuant to Section 8.5, the Trust Estate shall be distributed outright, per stirpes, to my then-living descendants.

d. Special Discretionary Powers. The Trustee may, but shall not be required to, equalize distributions among beneficiaries to account for prior advancements, educational expenses, or special needs.

8.2 Trustee Powers

Subject to Applicable Law and the fiduciary standards set forth in Section 8.3, the Trustee shall have, without Court approval, all powers necessary or advisable for the proper administration of the Trust, including but not limited to:

1. Investment & Reinvestment (including authority under the Wyoming Prudent Investor Rule);
2. Sale, Lease, or Encumbrance of Trust Property;
3. Distribution in Cash or in Kind and Non-Pro-Rata Allocations;
4. Retention of Property regardless of diversification;
5. Delegation of Investment Functions to qualified agents;
6. Formation of Entities or participation in business ventures;
7. Settlement of Claims for or against the Trust;
8. Borrowing and Pledging Trust Assets;
9. Execution of Documents and Voting Securities;
10. Appointment of Co-Trustees or Agents.

[// GUIDANCE: Section 8.2 may be expanded for complex asset classes such as closely held business interests or mineral rights.]

8.3 Fiduciary Standards & Limitations

The Trustee shall act in good faith, in the best interests of the Beneficiaries, and with the care an ordinarily prudent person would exercise in the conduct of his or her own affairs. The Trustee shall comply with (i) Applicable Law, (ii) the express provisions of this Will, and (iii) the Wyoming Uniform Fiduciary Standards.

8.4 Trustee Indemnification & Liability Cap

a. Indemnification. The Trust Estate shall indemnify and hold harmless the Trustee from and against any and all claims, liabilities, losses, damages, or expenses, including reasonable attorneys’ fees, incurred by the Trustee in the good-faith execution of fiduciary duties, except for acts or omissions arising from willful misconduct or gross negligence.

b. Liability Cap. Any liability of the Trustee to the Beneficiaries or third parties shall, to the fullest extent permitted by Applicable Law, be limited to the value of the Trust Estate, and no Trustee shall be personally liable beyond the Trust Assets.

8.5 Termination of Trust

The Trust shall terminate upon the earliest to occur of:
1. Distribution pursuant to Section 8.1(c);
2. The date on which, in the Trustee’s reasonable judgment, the fair market value of the Trust Estate is insufficient to justify continued administration, provided all assets are then distributed to the Beneficiaries; or
3. The expiration of twenty-one (21) years after the death of the last survivor of my descendants living on the Effective Date of this Will, so as to comply with the Rule Against Perpetuities.

9. TAX MATTERS & APPORTIONMENT

All estate, inheritance, generation-skipping transfer, and similar taxes payable by reason of my death shall be paid from the Residuary Estate without apportionment, except as otherwise required by Applicable Law or by valid disclaimer. The Trustee may make elections under the Internal Revenue Code or state tax law, including the qualified terminable interest property (QTIP) election, in the Trustee’s sole discretion.

10. NO-CONTEST CLAUSE

Any person who directly or indirectly contests this Will or any Trust created herein, or who assists another in doing so, shall forfeit any interest such person might otherwise have received, and such interest shall pass as though that person had predeceased me without issue.

[// GUIDANCE: Enforceability of “in terrorem” clauses may be subject to public policy limits; confirm under current Wyoming case law.]

11. GOVERNING LAW; FORUM SELECTION; INJUNCTIVE RELIEF

11.1 Governing Law. This Will and the Trust shall be governed by and construed in accordance with the internal laws of the State of Wyoming, without regard to conflict-of-laws principles.
11.2 Exclusive Forum. All matters arising under or relating to this Will or the Trust shall be heard exclusively by the Court.
11.3 Injunctive Relief. The Court shall have authority to issue temporary, preliminary, and permanent injunctive relief to enforce the provisions of this Will and the Trust or to protect Trust Assets pending final resolution.
11.4 Arbitration. Arbitration is not available for disputes governed by this Will.
11.5 Jury Waiver. No right to a jury trial exists in probate proceedings under Wyoming law.

12. MISCELLANEOUS PROVISIONS

12.1 Spendthrift Protection. To the fullest extent permitted by law, no Beneficiary shall have the power to anticipate, pledge, assign, sell, or otherwise transfer any interest in the Trust, and such interests shall be free from the claims of creditors and from legal process.

12.2 Simultaneous Death. If a Beneficiary and I die under circumstances rendering the order of death uncertain, such Beneficiary shall be deemed to have predeceased me.

12.3 Severability. If any provision of this Will is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12.4 Headings. Headings are for convenience only and shall not affect interpretation.

12.5 Gender & Number. Words of any gender shall include all genders; words in the singular shall include the plural and vice versa, as the context requires.

12.6 Digital Assets. The Personal Representative and Trustee shall have full authority to access, manage, and dispose of my digital assets and accounts, subject to Applicable Law and service-provider policies.

12.7 Waiver of Bond for Trustee. No bond shall be required of any Trustee unless a bond is expressly required by the Court for good cause shown.

13. ATTESTATION & EXECUTION

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], have subscribed my name to this, my Last Will and Testament and Testamentary Trust Agreement, consisting of [NUMBER] pages, on the date first written above, in the presence of the undersigned witnesses, who have signed at my request.

[TESTATOR FULL LEGAL NAME], Testator

14. WITNESS ACKNOWLEDGMENT

We, the undersigned witnesses, declare that on the date written above, [TESTATOR FULL LEGAL NAME] executed this Will in our presence, that the Testator appeared to us to be of sound mind and over the age of eighteen (18), and that the Testator declared this document to be his/her Last Will and Testament and Testamentary Trust Agreement. We affirm that we are not named beneficiaries or fiduciaries under this Will.

1. ____ Date: _
   [WITNESS #1 NAME]
   Address: _______

2. ____ Date: _
   [WITNESS #2 NAME]
   Address: _______

15. SELF-PROVING AFFIDAVIT (STATE OF WYOMING)

STATE OF WYOMING )
) ss.
COUNTY OF [COUNTY] )

We, [TESTATOR FULL LEGAL NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], the Testator and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as the Testator’s Last Will and Testament and Testamentary Trust Agreement; that the Testator willingly signed or willingly directed another to sign for the Testator; that each witness, in the presence of the Testator and of each other, signed the Will as a witness; that the Testator executed the Will as a free and voluntary act for the purposes therein expressed; and that each witness was at the time eighteen (18) years of age or older, of sound mind, and not a beneficiary of the Will.

_____ [TESTATOR FULL LEGAL NAME]
Subscribed and sworn before me on this _ day of _, 20__.

_____ [NOTARY NAME], Notary Public
My commission expires: _______

_____ [WITNESS #1 NAME]
Subscribed and sworn before me on this _ day of _, 20__.

_____ [NOTARY NAME], Notary Public
My commission expires: _______

_____ [WITNESS #2 NAME]
Subscribed and sworn before me on this _ day of _, 20__.

_____ [NOTARY NAME], Notary Public
My commission expires: _______

[// GUIDANCE: Wyoming permits self-proving affidavits under its Probate Code. Verify current statutory wording and notary requirements before finalization.]

END OF DOCUMENT