Simple Will - Alaska

LAST WILL AND TESTAMENT

of
[TESTATOR’S FULL LEGAL NAME]

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1 Revocation of Prior Instruments
   3.2 Family Information (Statement of Heirs)
   3.3 Appointment of Personal Representative
   3.4 Payment of Debts & Expenses
   3.5 Specific Bequests
   3.6 Disposition of Residue
   3.7 Guardianship of Minor Children
   3.8 Fiduciary Powers

4. Representations & Warranties

5. Covenants & Restrictions (In Terrorem / No-Contest)
6. Default & Remedies (Will Contest)

7. Risk Allocation
   7.1 Executor Indemnity
   7.2 Limitation of Liability

8. Dispute Resolution

9. General Provisions
10. Execution Block
11. Self-Proving Affidavit (Alaska)

1. DOCUMENT HEADER

1.1 Effective Date. This Last Will and Testament (this “Will”) is made on [DATE] (the “Effective Date”).

1.2 Testator Identification. I, [TESTATOR’S FULL LEGAL NAME], residing at [PHYSICAL ADDRESS], being of legal age, of sound mind, and acting voluntarily and free from undue influence, hereby declare this to be my Will and revoke all prior wills and codicils.

1.3 Governing Law & Jurisdiction. This Will is made pursuant to, and shall be governed by, the Alaska Probate Code, AS 13.06 – AS 13.16, and other applicable Alaska law. Alaska's trial court system is unified and has no separate "probate court" or "Probate Division"; the term "court" as used in this Will means the Superior Court for the State of Alaska, which has jurisdiction over the probate of wills and administration of estates (AS 13.06.050(8)). All matters relating to the administration of my Estate shall be heard exclusively in the Superior Court for the State of Alaska, [JUDICIAL DISTRICT], in the judicial district of my domicile at death.

2. DEFINITIONS

For purposes of this Will, capitalized terms have the meanings set forth below:

“Alternate Personal Representative” means the individual(s) or institution(s) designated in Section 3.3(b).
“Children” means the lawful biological or adopted children of the Testator, living or deceased, as identified in Section 3.2.
“Estate” means all property, real and personal, tangible and intangible, wherever situated, over which I have testamentary power at my death.
“Personal Representative” means the executor, personal representative, or administrator appointed under Section 3.3(a).
“Residue” means the remainder of my Estate after payment of debts, expenses, taxes, and the Specific Bequests in Section 3.5.
“Specific Bequest” means any gift of a specific asset or fixed sum under Section 3.5.

[Add additional definitions as needed.]

3. OPERATIVE PROVISIONS

3.1 Revocation of Prior Instruments

I hereby revoke all prior wills and codicils in their entirety.

3.2 Family Information (Statement of Heirs)

a. Spouse. I am/ am not married to [SPOUSE NAME].
b. Children. I have the following children: [LIST CHILDREN].

3.3 Appointment of Personal Representative

a. Primary Appointment. I nominate [PRIMARY EXECUTOR NAME] of [CITY, STATE] to serve as Personal Representative of my Estate.
b. Alternate Appointment. If the primary nominee is unable or unwilling to serve, I nominate [ALTERNATE EXECUTOR NAME] of [CITY, STATE].
c. Bond. No bond shall be required of any Personal Representative unless expressly ordered by the court.

3.4 Payment of Debts & Expenses

My Personal Representative shall pay from my Estate all enforceable debts, funeral expenses, costs of administration, and estate or inheritance taxes, without apportionment among devisees, except as otherwise provided by law.

3.5 Specific Bequests

I give the following Specific Bequests, subject to applicable law, including AS 13.12.607 concerning existing mortgage interests:

1. [ITEM / AMOUNT] to [BENEFICIARY NAME].
2. [ITEM / AMOUNT] to [BENEFICIARY NAME].
   [Add or delete subsections as appropriate.]

3.6 Disposition of Residue

I give all Residue of my Estate, including lapsed or failed gifts, to [PRIMARY RESIDUARY BENEFICIARY].
a. Contingent Disposition. If the primary residuary beneficiary predeceases me, the Residue shall pass to [CONTINGENT BENEFICIARY], per stirpes.
b. Further Contingency. If no named residuary beneficiary survives me, the Residue shall be distributed to my heirs at law.

3.7 Guardianship of Minor Children

If I am authorized to make the appointment under AS 13.26.121, I appoint [GUARDIAN NAME] as guardian of each unmarried minor child, with [ALTERNATE GUARDIAN] as alternate. The appointment becomes effective only through the statutory acceptance process and circumstances stated in AS 13.26.121, remains subject to a qualifying minor's objection under AS 13.26.126, and does not itself appoint a conservator for property.

3.8 Fiduciary Powers

My Personal Representative shall have, without court order, all powers granted to personal representatives under Alaska law (including AS 13.16.350 and AS 13.16.380, governing a personal representative's general duties, standard of care, and authority to take possession of, manage, and protect estate property), including but not limited to the power to sell, lease, invest, distribute in kind, and settle claims, as well as the specific powers listed in Schedule A attached hereto.

4. REPRESENTATIONS & WARRANTIES

I represent and warrant that:
a. I am at least eighteen (18) years of age and of sound mind, as required for testamentary capacity under AS 13.12.501.
b. I am executing this Will voluntarily and free of duress or undue influence.
c. All information herein concerning my family is true and complete to the best of my knowledge.

5. COVENANTS & RESTRICTIONS (IN TERROREM / NO-CONTEST)

Any beneficiary who, directly or indirectly, contests or attacks the validity of this Will or any disposition under it shall forfeit his or her interest, which shall pass as though such contestant had predeceased me without issue; provided, however, that under AS 13.16.555, this penalty provision is unenforceable when probable cause exists for instituting the contest or other proceeding relating to the Estate.

6. DEFAULT & REMEDIES

6.1 Will Contest. If a contest is filed, the Personal Representative is authorized to:
a. Defend the Will at the expense of the Estate;
b. Seek injunctive relief to preserve Estate assets; and
c. Pursue recovery of attorney fees and costs against the contestant per court order.

7. RISK ALLOCATION

7.1 Fiduciary Standard

Nothing in this Will excuses a fiduciary from duties or liability imposed by applicable law. AS 13.16.350 and 13.16.395 govern the Personal Representative's fiduciary standard and liability for an improper exercise of power.

8. DISPUTE RESOLUTION

8.1 Governing Law. All questions concerning construction, validity, and administration of this Will shall be governed by the laws of the State of Alaska.
8.2 Exclusive Forum. Alaska's court system is unified and has no separate probate court or Probate Division; the Superior Court is the trial court of general jurisdiction and has jurisdiction over probate of wills and administration of estates under AS 13.06.050(8). The Superior Court for the State of Alaska having jurisdiction over my domicile at death shall have exclusive jurisdiction of all proceedings relating to this Will.
8.3 Arbitration. This Will does not provide for arbitration. A will contest is litigated as a formal testacy proceeding in the Superior Court under AS 13.16.140 – AS 13.16.180, and no Alaska statute authorizes a testator to displace that judicial forum by a binding arbitration clause.
8.4 Jury Trial. Under AS 13.06.085, if duly demanded, a party is entitled to a trial by jury on a controverted question of fact in a probate proceeding, including a formal proceeding contesting this Will; no blanket jury waiver applies to such proceedings under Alaska law.
8.5 Injunctive Relief. The Personal Representative may seek temporary or permanent injunctive relief to prevent waste of Estate assets.

9. GENERAL PROVISIONS

9.1 Severability. If any provision of this Will is held invalid, the remaining provisions shall remain in full force.
9.2 Headings. Headings are for convenience only and shall not affect interpretation.
9.3 Gender & Number. References to any gender include all genders; singular includes plural and vice versa as the context requires.
9.4 Integration. This instrument constitutes my entire Will.
9.5 Original Will. The original signed Will should be safeguarded. This Will does not declare a digital or photographic copy to be an original will.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, I have signed this Will on the Effective Date set forth above.

_________________________________
[TESTATOR’S FULL LEGAL NAME], Testator

ATTESTATION CLAUSE

We, the undersigned witnesses, each of whom is generally competent to be a witness (AS 13.12.505(a)), declare that the Testator signed this instrument or acknowledged the signature or this Will and that each of us signed as a witness within a reasonable time after witnessing that event, in accordance with AS 13.12.502(a). The signing of this Will by a witness who is also a beneficiary does not invalidate this Will or any provision of it. AS 13.12.505(b).

1. __________________________________
   [WITNESS #1 NAME]
   Address: ___________________________

2. __________________________________
   [WITNESS #2 NAME]
   Address: ___________________________

11. SELF-PROVING AFFIDAVIT (AS 13.12.504)

(State of Alaska • Judicial District of __________)

BEFORE ME, the undersigned authority, on this day personally appeared [TESTATOR’S FULL LEGAL NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], all being duly sworn, and each, for himself or herself, says:

1. The Testator declared to us that the foregoing instrument is the Testator’s Last Will and Testament and that the Testator had willingly signed or directed another to sign for the Testator.
2. Each Witness, in the presence and hearing of the Testator, signed the Will as a witness to the Testator's signing, as stated in AS 13.12.504's self-proving form.
3. To the best of the knowledge of each witness, the Testator was eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

_________________________________
[TESTATOR’S FULL LEGAL NAME], Testator

_________________________________
[WITNESS #1 NAME], Witness

_________________________________
[WITNESS #2 NAME], Witness

Subscribed and sworn before me on this ____ day of __________, 20__, at [CITY], Alaska, by the Testator and the Witnesses.

(Seal)

_________________________________
Notary Public for the State of Alaska
My Commission Expires: __________

SCHEDULE A

(Discretionary Fiduciary Powers)

1. Invest and reinvest Estate assets in any kind of property or investment.
2. Sell, exchange, lease, or mortgage real or personal property.
3. Settle or compromise claims in favor of or against the Estate.
4. Make distributions in cash or in kind, or partly each, without regard to tax basis.
5. Employ and compensate professionals, including attorneys and accountants.

[Add or delete powers as needed.]