LAST WILL AND TESTAMENT WITH MINOR CHILDREN
State of Connecticut
Table of Contents
- Testator Identification and Declaration
- Revocation of Prior Wills
- Family Declarations
- Guardianship Nomination for Minor Children
- Specific Bequests
- Residuary Estate
- Trust Provisions for Minor Beneficiaries
- Appointment of Executor
- Powers of Executor
- General Provisions
- Execution and Attestation
- Self-Proving Affidavit
1. TESTATOR IDENTIFICATION AND DECLARATION
I, [FULL LEGAL NAME OF TESTATOR], currently residing at [STREET ADDRESS], [CITY/TOWN], [COUNTY] County, Connecticut [ZIP CODE], being at least eighteen (18) years of age and of sound and disposing mind and memory, and not acting under duress, menace, fraud, or undue influence, do hereby declare this to be my Last Will and Testament.
Date of Birth: [__/__/____]
Social Security Number (last four digits): XXX-XX-[____]
2. REVOCATION OF PRIOR WILLS
I hereby revoke all prior Wills and Codicils heretofore made by me, pursuant to Conn. Gen. Stat. § 45a-257.
3. FAMILY DECLARATIONS
Marital Status:
☐ I am married to [SPOUSE FULL LEGAL NAME]
☐ I am unmarried / widowed / divorced
Minor Children: I declare the following to be my minor children (under 18 years of age):
| Name | Date of Birth | Relationship |
|---|---|---|
| [CHILD 1 FULL LEGAL NAME] | [__/__/____] | ☐ Biological ☐ Adopted |
| [CHILD 2 FULL LEGAL NAME] | [__/__/____] | ☐ Biological ☐ Adopted |
| [CHILD 3 FULL LEGAL NAME] | [__/__/____] | ☐ Biological ☐ Adopted |
4. GUARDIANSHIP NOMINATION FOR MINOR CHILDREN
Pursuant to Conn. Gen. Stat. § 45a-596, I hereby nominate the following individuals as guardians of the person of my minor children in the event I am the last surviving parent or if the other parent is unable or unwilling to serve:
Primary Guardian:
Name: [GUARDIAN FULL LEGAL NAME]
Address: [GUARDIAN ADDRESS]
Relationship: [RELATIONSHIP TO CHILDREN]
Telephone: [PHONE NUMBER]
Alternate Guardian:
Name: [ALTERNATE GUARDIAN FULL LEGAL NAME]
Address: [ALTERNATE GUARDIAN ADDRESS]
Relationship: [RELATIONSHIP TO CHILDREN]
Telephone: [PHONE NUMBER]
I direct that no bond or surety be required of any guardian nominated herein, to the extent permitted by law.
I express the following wishes regarding the care and upbringing of my minor children:
[________________________________]
[________________________________]
5. SPECIFIC BEQUESTS
I make the following specific bequests:
Bequest 1:
I give [DESCRIPTION OF PROPERTY/AMOUNT] to [BENEFICIARY NAME], of [CITY, STATE]. If this beneficiary does not survive me, this bequest shall ☐ lapse ☐ pass to [ALTERNATE BENEFICIARY NAME].
Bequest 2:
I give [DESCRIPTION OF PROPERTY/AMOUNT] to [BENEFICIARY NAME], of [CITY, STATE]. If this beneficiary does not survive me, this bequest shall ☐ lapse ☐ pass to [ALTERNATE BENEFICIARY NAME].
Bequest 3:
I give [DESCRIPTION OF PROPERTY/AMOUNT] to [BENEFICIARY NAME], of [CITY, STATE]. If this beneficiary does not survive me, this bequest shall ☐ lapse ☐ pass to [ALTERNATE BENEFICIARY NAME].
6. RESIDUARY ESTATE
I give, devise, and bequeath all the rest, residue, and remainder of my estate, of whatever kind and character and wherever situated, as follows:
☐ Option A: Entirely to my spouse, [SPOUSE NAME], if my spouse survives me. If my spouse does not survive me, then in equal shares to my children, per stirpes.
☐ Option B: In equal shares to my children, [CHILD NAMES], per stirpes.
☐ Option C: As follows: [CUSTOM DISTRIBUTION]
[________________________________]
7. TRUST PROVISIONS FOR MINOR BENEFICIARIES
Any property passing to a beneficiary who is under the age of [21/18/other] at the time of my death shall be held in trust as follows:
Option A — Custodianship Under the Connecticut UTMA:
☐ I direct that any such property be transferred to [CUSTODIAN NAME] as custodian for such minor under the Connecticut Uniform Transfers to Minors Act (Conn. Gen. Stat. § 45a-557 et seq.). The custodianship shall terminate when the minor reaches age twenty-one (21).
Option B — Testamentary Trust:
☐ I direct that such property be held in a separate trust for each minor beneficiary, subject to the following terms:
- Trustee: [TRUSTEE NAME], of [CITY, STATE]
- Alternate Trustee: [ALTERNATE TRUSTEE NAME], of [CITY, STATE]
- The Trustee may distribute income and principal for the beneficiary's health, education, maintenance, and support
- The trust shall terminate when the beneficiary reaches age [____], at which time remaining assets shall be distributed outright
- The Trustee shall serve without bond, if permitted by law
8. APPOINTMENT OF EXECUTOR
I appoint [EXECUTOR FULL LEGAL NAME], of [CITY, STATE], as Executor of this Will.
If [EXECUTOR NAME] is unable or unwilling to serve, I appoint [ALTERNATE EXECUTOR FULL LEGAL NAME], of [CITY, STATE], as alternate Executor.
I direct that my Executor shall serve without bond or surety, to the extent permitted by Connecticut law.
9. POWERS OF EXECUTOR
My Executor shall have the following powers in addition to those granted by Connecticut law:
- To sell, lease, mortgage, or otherwise dispose of any real or personal property
- To invest and reinvest estate assets
- To borrow money and encumber estate property
- To settle claims and disputes
- To distribute property in kind or in cash
- To employ attorneys, accountants, and other professionals
- To continue any business interest I may own
- To make elections for tax purposes as deemed advisable
- To make distributions to guardians or custodians for minor beneficiaries
10. GENERAL PROVISIONS
Survivorship Requirement: A beneficiary must survive me by thirty (30) days to be entitled to receive any distribution under this Will.
Simultaneous Death: If my spouse and I die simultaneously, or under circumstances making it difficult to determine who died first, my spouse shall be deemed to have predeceased me for purposes of this Will.
No-Contest Clause: If any beneficiary contests this Will or any provision hereof, that beneficiary's share shall be reduced to One Dollar ($1.00).
Severability: If any provision of this Will is held invalid, the remaining provisions shall continue in full force and effect.
Connecticut Estate Tax: I direct that all estate, inheritance, succession, and similar taxes assessed by reason of my death be paid from my residuary estate, unless otherwise specified.
11. EXECUTION AND ATTESTATION
IN WITNESS WHEREOF, I have hereunto set my hand to this, my Last Will and Testament, this [____] day of [__________], [____], at [CITY/TOWN], Connecticut.
___________________________________________
[FULL LEGAL NAME OF TESTATOR], Testator
ATTESTATION CLAUSE
The foregoing instrument was signed, published, and declared by the above-named Testator as the Testator's Last Will and Testament in our presence, and we, at the Testator's request and in the Testator's presence and in the presence of each other, have subscribed our names as attesting witnesses thereto, believing the Testator to be of sound and disposing mind and memory.
___________________________________________
Witness 1 Signature
Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]
___________________________________________
Witness 2 Signature
Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]
12. SELF-PROVING AFFIDAVIT
(Pursuant to Conn. Gen. Stat. § 45a-285)
STATE OF CONNECTICUT
COUNTY OF [________________]
Before me, the undersigned authority, on this [____] day of [__________], [____], personally appeared [TESTATOR NAME], the Testator, and [WITNESS 1 NAME] and [WITNESS 2 NAME], the attesting witnesses, each known to me.
The Testator and attesting witnesses, being duly sworn, state:
- The Testator signed and executed the foregoing instrument as the Testator's Last Will and Testament.
- The Testator signed willingly (or willingly directed another to sign for the Testator).
- The Testator executed the Will as a free and voluntary act for the purposes therein expressed.
- Each of the witnesses signed the Will as witness in the presence and at the request of the Testator and in the presence of each other.
- At the time of execution, the Testator was eighteen years of age or older, of sound mind, and under no constraint or undue influence.
___________________________________________
Testator Signature
___________________________________________
Witness 1 Signature
___________________________________________
Witness 2 Signature
Subscribed, sworn to, and acknowledged before me this [____] day of [__________], [____].
___________________________________________
Notary Public / Commissioner of the Superior Court
My Commission Expires: [__/__/____]
[SEAL]
CONNECTICUT-SPECIFIC NOTES:
- Connecticut is not a community property state
- Connecticut has a statutory share (elective share) for the surviving spouse — life use of one-third of the value of all property (Conn. Gen. Stat. § 45a-436)
- Connecticut does not recognize holographic (unwitnessed) wills
- UTMA custodianship terminates at age 21 (Conn. Gen. Stat. § 45a-557 et seq.)
- Connecticut has a state estate tax with its own exemption threshold (separate from federal)
- Executor bond is required by statute unless excused (Conn. Gen. Stat. § 45a-289)
- Connecticut uses Commissioners of the Superior Court in addition to notaries public
This template is provided by ezel.ai for informational purposes only and does not constitute legal advice. Consult a licensed Connecticut attorney before execution.
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