Personal Property Memorandum

PERSONAL PROPERTY MEMORANDUM

For Use in Connection with a Vermont Last Will and Testament

Table of Contents

1. Introduction and Will Reference
2. Important Vermont Legal Notice
3. Identification of Testator
4. Tangible Personal Property Distributions
5. Distribution Categories
6. Residual Tangible Personal Property
7. Instructions for Updating
8. Execution and Authentication
9. State-Specific Notes
10. Sources and References

// GUIDANCE: CRITICAL — Vermont has NOT adopted Uniform Probate Code § 2-513 or any
// equivalent statute authorizing separate writings for tangible personal property
// distribution. Vermont is among approximately 20 states that do not recognize personal
// property memoranda as independently binding legal documents.
//
// For binding distribution in Vermont, practitioners should:
// 1. Include specific tangible personal property bequests directly in the Will
// 2. Execute a codicil with full testamentary formalities (signed by testator,
// attested by two witnesses under 14 V.S.A. § 11)
// 3. Use a revocable trust provision directing tangible personal property
//
// This template may still be used as a precatory guide expressing the testator's
// wishes, which a personal representative or beneficiaries may choose to honor
// voluntarily.

I. INTRODUCTION AND WILL REFERENCE

This Personal Property Memorandum ("Memorandum") is made by the undersigned Testator to express wishes regarding the distribution of tangible personal property in connection with the Last Will and Testament executed on [__/__/____].

IMPORTANT NOTICE: Vermont does not have a statute authorizing standalone personal property memoranda. This document, standing alone, is not independently legally binding under Vermont law. For binding effect, specific bequests of tangible personal property should be incorporated into the Will or a properly executed codicil.

Will Reference Clause: This Memorandum is referenced in Article [____] / Section [____] of the Testator's Last Will and Testament.

II. IMPORTANT VERMONT LEGAL NOTICE

// GUIDANCE: Ensure the client fully understands the legal limitations in Vermont.

Vermont does not recognize a separate personal property memorandum as a legally binding document unless it meets the full requirements for a will or codicil.

Options for Legal Effect in Vermont

☐ Option A — Codicil with Full Testamentary Formalities (Legally Binding)
Execute this document as a codicil to the Will, signed by the Testator and attested by at least two (2) witnesses pursuant to 14 V.S.A. § 11. This approach requires re-execution each time changes are made.

☐ Option B — Revocable Trust Provision (Legally Binding)
Include a provision in a revocable living trust directing distribution of tangible personal property, with the trust referencing this memorandum as a guide.

☐ Option C — Precatory Memorandum (Non-Binding Expression of Wishes)
The Testator acknowledges this memorandum is not legally binding but requests that the Executor and beneficiaries honor these preferences to the extent practical.

☐ Option D — Incorporation into Will (Legally Binding)
Incorporate specific tangible personal property bequests directly into the body of the Will.

Selected Option: [____]

III. IDENTIFICATION OF TESTATOR

IV. TANGIBLE PERSONAL PROPERTY DISTRIBUTIONS

// GUIDANCE: Even in a precatory memorandum, describe items with sufficient detail to
// avoid ambiguity. If using as a codicil (Option A), this must be executed with full
// testamentary formalities.

Item Distribution Table

V. DISTRIBUTION CATEGORIES

☐ Jewelry and Watches
[________________________________]

☐ Furniture and Household Furnishings
[________________________________]

☐ Artwork, Collectibles, and Antiques
[________________________________]

☐ Vehicles, Boats, and Recreational Equipment
[________________________________]

☐ Electronics and Musical Instruments
[________________________________]

☐ Sporting Goods and Outdoor Equipment
[________________________________]

☐ Clothing and Personal Accessories
[________________________________]

☐ Books and Media Collections
[________________________________]

☐ Firearms (ensure compliance with Vermont and federal transfer laws)
[________________________________]

☐ Heirloom and Sentimental Items
[________________________________]

☐ Other Tangible Personal Property
[________________________________]

VI. RESIDUAL TANGIBLE PERSONAL PROPERTY

Any items of tangible personal property not specifically listed in this Memorandum shall be distributed as follows:

☐ According to the terms of my Last Will and Testament

☐ Equally among the following persons: [________________________________]

☐ To: [________________________________]

☐ At the discretion of my Executor

VII. INSTRUCTIONS FOR UPDATING

// GUIDANCE: Because Vermont does not recognize standalone memoranda, updates to a
// codicil require re-execution with full testamentary formalities. Updates to a
// precatory memorandum are simpler but remain non-binding.

If using as a codicil (Option A): Each revision must be signed by the Testator and attested by at least two witnesses.

If using as a precatory memorandum (Option C): Updates may be made at any time by signing and dating a new version.

To update:

1. Prepare a new memorandum or clearly mark changes
2. Sign and date each revision
3. If using as a codicil, have two witnesses attest and sign
4. Store the updated document with or near your Will
5. Notify your attorney and/or Executor of the update

This Memorandum supersedes all prior memoranda dated before the date below.

VIII. EXECUTION AND AUTHENTICATION

I, the undersigned Testator, declare the following:

☐ This document is executed as a codicil to my Last Will and Testament, with full testamentary formalities, pursuant to 14 V.S.A. § 11.

☐ This document is a non-binding expression of my wishes regarding tangible personal property distribution.

Witness Attestation (Required for Codicil — Option A)

// GUIDANCE: Under 14 V.S.A. § 11, a will or codicil must be signed by the testator
// (or at the testator's direction) and attested by at least two credible witnesses.

We, the undersigned witnesses, declare that the Testator signed this document in our presence and declared it to be a codicil to the Testator's Last Will and Testament. We believe the Testator to be of sound mind and acting voluntarily.

IX. STATE-SPECIFIC NOTES

Vermont Legal Framework

1. No PPM Statute: Vermont has NOT adopted UPC § 2-513 or any equivalent personal property memorandum statute
2. Will Formalities: Under 14 V.S.A. § 11, a will or codicil must be in writing, signed by the testator, and attested by at least two credible witnesses
3. Codicil Alternative: A properly executed codicil can serve the same function as a PPM but requires full testamentary formalities for each change
4. Incorporation by Reference: Vermont may recognize incorporation by reference under common law, but the document must exist at the time the will is executed; consult an attorney
5. Precatory Effect: While not binding, Vermont courts may consider a signed memorandum as evidence of testamentary intent
6. No State Estate Tax: Vermont repealed its estate tax effective January 1, 2021 (for decedents dying on or after that date)
7. Probate Districts: Vermont probate matters are handled by probate courts organized by district

Important Disclaimers

• This Memorandum does not replace a valid Last Will and Testament
• A standalone memorandum is NOT legally binding in Vermont
• Consult with a Vermont licensed attorney before relying on this document
• For binding effect, incorporate bequests into the Will or execute as a witnessed codicil
• If any item listed has been sold, gifted, or destroyed before death, that bequest lapses

X. SOURCES AND REFERENCES

• 14 V.S.A. Title 14 — Decedents' Estates and Fiduciary Relations
• Pasadena Law Group — States That Don't Recognize Personal Property Memorandums
• Nolo — Using a Personal Property Memorandum With Your Will

This template is provided for informational purposes only by ezel.ai and does not constitute legal advice. Consult a licensed Vermont attorney before use.