Last Will and Testament with Minor Children

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

Table of Contents

1. Declaration
2. Revocation of Prior Wills
3. Family Identification
4. Nomination of Guardian for Minor Children
5. Specific Bequests
6. Residuary Estate
7. Trust Provisions for Minor Beneficiaries
8. Appointment of Personal Representative
9. Powers of Personal Representative
10. Tax Provisions
11. General Provisions
12. Execution
13. Self-Proving Affidavit

1. Declaration

I, [FULL LEGAL NAME OF TESTATOR], of [CITY/TOWN], [COUNTY] County, New Mexico, being of legal age (18 years or older) and of sound mind and memory, and not acting under duress, menace, fraud, or undue influence of any person, do hereby declare this instrument to be my Last Will and Testament.

2. Revocation of Prior Wills

I hereby revoke all prior wills and codicils heretofore made by me.

3. Family Identification

I am currently ☐ married to / ☐ single / ☐ divorced / ☐ widowed.

Spouse (if applicable): [FULL LEGAL NAME OF SPOUSE]

I have the following minor children:

4. Nomination of Guardian for Minor Children

Pursuant to N.M. Stat. Ann. § 45-5-202, I hereby nominate and appoint the following individual as Guardian of the person(s) of my minor children in the event that I am the sole surviving parent or the other parent is unable or unwilling to serve:

Primary Guardian: [FULL LEGAL NAME], of [CITY], [STATE], relationship: [RELATIONSHIP]

Alternate Guardian: In the event the above-named Primary Guardian is unable or unwilling to serve, I nominate [FULL LEGAL NAME], of [CITY], [STATE], relationship: [RELATIONSHIP], as Alternate Guardian.

I request that no bond be required of any guardian nominated herein.

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].

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].

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].

6. Residuary Estate

I give, devise, and bequeath all the rest, residue, and remainder of my estate, whether real, personal, or mixed, wherever situated (including only my separate property and my one-half interest in community property), to:

☐ My spouse, [FULL LEGAL NAME], if my spouse survives me.

☐ If my spouse does not survive me, or if I am unmarried at the time of my death, I direct that the residuary estate be distributed as follows:

• [____]% to [BENEFICIARY NAME]
• [____]% to [BENEFICIARY NAME]
• [____]% to the trust(s) established under Section 7 for my minor children

7. Trust Provisions for Minor Beneficiaries

7.1 Creation of Trust

Any property passing to a minor child under this Will shall be held in a separate trust for the benefit of that child (the "Child's Trust") until the child reaches the age of [____] years.

7.2 Trustee Appointment

I appoint [TRUSTEE NAME] as Trustee of the Child's Trust(s). If this person is unable or unwilling to serve, I appoint [ALTERNATE TRUSTEE NAME] as Successor Trustee.

7.3 Trustee Powers and Distributions

The Trustee shall have discretion to distribute income and principal for the health, education, maintenance, and support of the beneficiary child. The Trustee may also:

• Invest and reinvest trust assets prudently
• Pay taxes, expenses, and fees from trust assets
• Make distributions directly or to the child's guardian

7.4 UTMA Custodianship Alternative

In lieu of or in addition to any trust created herein, the Personal Representative or Trustee may distribute property to a custodian under the New Mexico Uniform Transfers to Minors Act (N.M. Stat. Ann. § 45-2A-1 et seq.), with custodianship terminating at age 21.

7.5 Termination

Each Child's Trust shall terminate when the beneficiary reaches the age specified in Section 7.1, at which time all remaining trust assets shall be distributed outright to the beneficiary.

8. Appointment of Personal Representative

I nominate and appoint [FULL LEGAL NAME] as Personal Representative (Executor) of this Will.

If the above-named Personal Representative is unable or unwilling to serve, I nominate [ALTERNATE NAME] as Successor Personal Representative.

I request that no bond be required of any Personal Representative named herein, pursuant to § 45-3-603.

9. Powers of Personal Representative

My Personal Representative shall have the following powers in addition to those granted by New Mexico law:

• To sell, lease, mortgage, or otherwise dispose of any real or personal property
• To invest and reinvest estate assets
• To compromise claims and settle debts
• To employ attorneys, accountants, and other professionals
• To distribute property in kind or in cash
• To continue any business interest of mine
• To make elections for tax purposes as deemed advisable

10. Tax Provisions

All estate, inheritance, and succession taxes imposed by reason of my death shall be paid from the residuary estate as an expense of administration, unless I direct otherwise for specific bequests.

11. General Provisions

Survivorship: A beneficiary must survive me by one hundred twenty (120) hours to receive any bequest under this Will, pursuant to N.M. Stat. Ann. § 45-2-702.

Severability: If any provision of this Will is held invalid, the remaining provisions shall continue in full force and effect.

Governing Law: This Will shall be governed by the laws of the State of New Mexico.

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).

12. Execution

IN WITNESS WHEREOF, I, [FULL LEGAL NAME OF TESTATOR], have signed this, my Last Will and Testament, consisting of [NUMBER] pages, on this [____] day of [__________], 20[____], at [CITY], [COUNTY] County, New Mexico.

Testator Signature: [________________________________]

Printed Name: [________________________________]

Attestation Clause

We, the undersigned, each being competent witnesses, declare that the person who signed this instrument, or asked another to sign on their behalf, did so in our presence, and that we believe this person to be of sound mind and memory. We sign this instrument as witnesses in the presence of the Testator and in the presence of each other, pursuant to N.M. Stat. Ann. § 45-2-502.

Witness 1:
Signature: [________________________________]
Printed Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]

Witness 2:
Signature: [________________________________]
Printed Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]

13. Self-Proving Affidavit

(Pursuant to N.M. Stat. Ann. § 45-2-504)

STATE OF NEW MEXICO
COUNTY OF [________________]

Before me, the undersigned authority, on this [____] day of [__________], 20[____], personally appeared [FULL LEGAL NAME OF TESTATOR], the Testator, and [WITNESS 1 NAME] and [WITNESS 2 NAME], the witnesses, each known to me, and the Testator and witnesses being first duly sworn, each then declared to me that: the Testator signed the instrument as the Testator's Last Will; each witness signed at the request of the Testator and in the Testator's and each other's presence; and the Testator was 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 on this [____] day of [__________], 20[____].

Notary Public Signature: [________________________________]
Printed Name: [________________________________]
My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

New Mexico-Specific Notes

• Community Property: New Mexico IS a community property state. A testator may only dispose of separate property and the testator's one-half interest in community property.
• No Traditional Elective Share: New Mexico does not have a separate elective-share statute; surviving spouse protections arise from community property rules and intestacy provisions (§ 45-2-102).
• Holographic Wills: New Mexico does NOT recognize holographic wills.
• Omitted Spouse/Children: §§ 45-2-301 (omitted spouse) and 45-2-302 (omitted children) provide protections.
• Survivorship Period: The UPC 120-hour survivorship rule applies under § 45-2-702.

Sources and References

• New Mexico Statutes: https://nmonesource.com/nmos/nmsa/en/nav.do
• New Mexico Courts: https://www.nmcourts.gov