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 Signing Date. I sign this Last Will and Testament (this “Will”) on [DATE] (the “Signing 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. I intend this Will to be administered under applicable Alaska law. For Alaska probate proceedings, "court" means the Alaska Superior Court (AS 13.06.050(8)); venue and transfer of proceedings are governed by applicable law, including AS 13.06.070.

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. I expressly waive surety bond for any person qualifying as Personal Representative under AS 13.16.255(1), subject to applicable statutory exceptions and court orders.

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 failed gifts to the extent they pass into the residue under applicable law, to [PRIMARY RESIDUARY BENEFICIARY]. A substitute gift under AS 13.12.603 may take priority when a beneficiary fails to survive me.
a. Contingent Disposition. If the primary residuary beneficiary does not survive me, I give the Residue to [CONTINGENT BENEFICIARY OR BENEFICIARY CLASS], if entitled to take under this Will. If no expressly named alternate can take, AS 13.12.603 may create a substitute gift.
b. Further Contingency. If no named residuary beneficiary is entitled to take and no substitute gift applies under AS 13.12.603, the Residue shall be distributed to my heirs at law under applicable Alaska 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

Subject to fiduciary duties, any required court approval, and other applicable limits, my Personal Representative may exercise powers granted by Alaska law and the powers listed in Schedule A. AS 13.16.350 sets fiduciary duties; AS 13.16.380 addresses possession and protection of estate property; AS 13.16.390 generally permits exercise of estate-property powers without prior court order.

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)

If a beneficiary contests this Will or institutes another proceeding relating to my Estate without probable cause, and if this clause is otherwise enforceable, that beneficiary shall receive One Dollar ($1.00) in place of any share otherwise payable under this Will. Under AS 13.16.555, this penalty is unenforceable when probable cause exists for the proceeding.

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 Forum. Alaska probate proceedings belong in the Superior Court under AS 13.06.050(8), with venue and any transfer determined under applicable law, including AS 13.06.070.
8.3 Arbitration. This Will does not provide for arbitration.
8.4 Jury Trial. Under AS 13.06.085(a), a duly demanded jury is available on a disputed fact only when a party has a constitutional jury right; otherwise the court may use an advisory jury at its discretion under subsection (b).
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 sign this Will on the Signing 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)

Complete this form when the Testator and witnesses sign the Will before the notary for simultaneous execution, attestation, and self-proving under AS 13.12.504(a). A later self-proving affidavit uses the separate form in AS 13.12.504(b).
(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. I, the Testator, declare to the notary that I sign and execute this instrument as my Will willingly and as my free and voluntary act for the purposes expressed in it.
2. We, the Witnesses, declare that the Testator signs and executes this instrument willingly as the Testator's Will and that each of us signs this Will as a witness to the Testator's signing in the Testator's presence and hearing.
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, sworn to, and acknowledged before me by the Testator, and subscribed and sworn to before me by the Witnesses, on this ____ day of __________, 20__, at [CITY], Alaska.

(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.]