Simple Will - Alabama

LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

1. Article I – Declaration & Revocation
2. Article II – Defined Terms
3. Article III – Specific Bequests
4. Article IV – Residuary Estate Disposition
5. Article V – Appointment of Personal Representative
6. Article VI – Guardianship of Minor Children
7. Article VII – Fiduciary Powers & Administrative Provisions
8. Article VIII – Tax Allocation & Apportionment
9. Article IX – In Terrorem (No-Contest) Clause
10. Article X – Indemnification & Liability Limitation
11. Article XI – Governing Law; Forum Selection; Miscellaneous
12. Execution & Attestation
13. Self-Proving Affidavit (Ala. Code § 43-8-132)

ARTICLE I

DECLARATION & REVOCATION

1.1 Identification. I, [TESTATOR FULL LEGAL NAME], a resident of [CITY], [COUNTY] County, Alabama, being at least eighteen (18) years of age and of sound mind and disposing memory (Ala. Code § 43-8-130), hereby declare this instrument to be my Last Will and Testament (“Will”), revoking all prior wills and codicils.

1.2 Family Information.
a. Spouse: [SPOUSE NAME].
b. Children: [CHILD NAME 1], [CHILD NAME 2], and any child hereafter born or adopted by me.

ARTICLE II

DEFINED TERMS

For ease of reference, the following capitalized terms shall have the meanings set forth below:

“Estate” means all property, real and personal, tangible and intangible, wherever situated, owned by me at death and subject to administration.

“Personal Representative” means the individual or corporate fiduciary appointed in Article V (sometimes called “Executor” under Alabama law).

“Residuary Estate” means the remainder of my Estate after payment of debts, expenses, taxes, and all specific bequests provided herein.

ARTICLE III

SPECIFIC BEQUESTS

3.1 Tangible Personal Property Memorandum.

I have executed, contemporaneously with this Will, a written memorandum identifying certain items of tangible personal property and the persons to whom I wish those items distributed (the “Property Memorandum”). The Property Memorandum is in existence on the date of execution of this Will and is incorporated herein by reference pursuant to Ala. Code § 43-8-139. Any such memorandum executed or modified after the date of this Will is not effective to dispose of property and shall be given no legal effect absent a duly executed codicil or subsequent will.

3.2 Monetary & Specific Gifts.
a. [RECIPIENT NAME] shall receive [DESCRIPTION OR DOLLAR AMOUNT].
b. [CHARITY NAME, EIN] shall receive [DESCRIPTION OR DOLLAR AMOUNT].

3.3 Lapse. If any specific beneficiary predeceases me, the gift shall lapse and pass under Article IV unless expressly provided otherwise herein.

ARTICLE IV

RESIDUARY ESTATE DISPOSITION

4.1 Primary Disposition. I give my Residuary Estate to [PRIMARY RESIDUARY BENEFICIARY NAME].

4.2 Contingent Disposition. If [PRIMARY RESIDUARY BENEFICIARY NAME] does not survive me by thirty (30) days, my Residuary Estate shall be distributed [describe contingent plan, e.g., “in equal shares per stirpes among my then-living descendants”].

ARTICLE V

APPOINTMENT OF PERSONAL REPRESENTATIVE

5.1 Nomination. I nominate [PRIMARY EXECUTOR NAME] as Personal Representative. If he or she is unwilling or unable to serve, I nominate [ALTERNATE EXECUTOR NAME].

5.2 Bond. Pursuant to Ala. Code § 43-2-851(c), no bond or other security shall be required of any Personal Representative named herein, except that the Court may nonetheless require bond upon the affidavit of an interested person showing that the estate's interest is endangered, or on the Court's own motion if it believes the estate is likely to be wasted.

5.3 Powers. My Personal Representative shall have all powers conferred upon personal representatives by the Alabama Probate Code, including without limitation Ala. Code § 43-2-839 (power over estate property equivalent to that of an absolute owner, exercisable without notice, hearing, or court order) and Ala. Code § 43-2-843 (enumerated authorized transactions), and any additional powers reasonably necessary to administer my Estate, including but not limited to:
a. Sell, lease, exchange, or mortgage any property, real or personal, at public or private sale without court order.
b. Settle or compromise claims, debts, or liabilities.
c. Employ and compensate legal, accounting, appraisal, or other professional assistance.
d. Make tax elections and allocations on behalf of my Estate.

ARTICLE VI

GUARDIANSHIP OF MINOR CHILDREN

6.1 Nomination of Guardian. Should I die leaving any minor child, I nominate [PRIMARY GUARDIAN NAME] as Guardian of the person of such minor child, pursuant to Ala. Code § 26-2A-71. If he or she cannot serve, I nominate [ALTERNATE GUARDIAN NAME].

6.2 Nomination of Conservator. Should any minor child of mine become entitled to receive property under this Will, I nominate [PRIMARY GUARDIAN NAME] (or, if unwilling or unable to serve, [ALTERNATE GUARDIAN NAME]) as Conservator of the estate of such minor child, subject to appointment by the Court under Ala. Code §§ 26-2A-130 et seq.

6.3 Bond Waiver. No bond shall be required of any Guardian or Conservator nominated herein, except as the Court may otherwise require under Ala. Code § 26-2A-139(c) (e.g., upon a showing that the minor's interest is endangered or that the estate is likely to be wasted).

ARTICLE VII

FIDUCIARY POWERS & ADMINISTRATIVE PROVISIONS

7.1 Incorporation by Reference. The provisions of Ala. Code §§ 19-3A-101 et seq. (Alabama Principal and Income Act) are incorporated herein to govern matters of income, principal, and fiduciary accounting.

7.2 Discretion. All discretionary decisions of my Personal Representative made in good faith shall be binding and conclusive on all persons interested in my Estate.

7.3 Digital Assets. I consent to a custodian's disclosure to my Personal Representative of the contents of my electronic communications under Ala. Code § 19-1A-7 and of a catalogue of my electronic communications and other digital assets under § 19-1A-8, to the extent permitted by applicable law and after the Personal Representative supplies the documents those sections require. This direction is subject to any effective online-tool direction or court order. I authorize my Personal Representative to access, manage, and dispose of disclosed digital assets as permitted by the Alabama Revised Uniform Fiduciary Access to Digital Assets Act, Ala. Code §§ 19-1A-1 et seq.

ARTICLE VIII

TAX ALLOCATION & APPORTIONMENT

8.1 Payment of Taxes. All estate, inheritance, generation-skipping transfer, and similar taxes (“Death Taxes”) imposed by reason of my death shall be paid from my Residuary Estate without apportionment, except as may be directed by a contrary governing instrument or applicable law.

8.2 Tax Elections. My Personal Representative may make any available elections (including QTIP, portability, or alternate valuation) that he or she deems advisable, without adjustment among beneficiaries.

ARTICLE IX

IN TERROREM (NO-CONTEST) CLAUSE

If any beneficiary contests this Will or any trust established hereunder, or seeks to impair or invalidate any of its provisions, any share or benefit conferred upon such person shall be forfeited and shall pass as though that person had predeceased me.

ARTICLE X

INDEMNIFICATION & LIABILITY LIMITATION

10.1 Executor Indemnity. My Personal Representative (and any Guardian serving hereunder) shall be indemnified out of the Estate against all claims, liabilities, and expenses reasonably incurred, provided the fiduciary acted in good faith.

10.2 Liability Cap. No fiduciary shall be personally liable beyond the assets of the Estate for any debt, obligation, or claim against my Estate.

ARTICLE XI

GOVERNING LAW; FORUM SELECTION; MISCELLANEOUS

11.1 Governing Law. This Will and all questions concerning its validity and construction shall be governed by the laws of the State of Alabama.

11.2 Probate County. I designate the Probate Court of [COUNTY] County, Alabama to prove this Will if I own property in that county at my death, as permitted by Ala. Code § 43-8-162(5). Otherwise, the proper probate county is determined under § 43-8-162. This designation does not restrict a will contest or removal to circuit court as permitted by law.

11.3 Severability. Should any provision of this Will be determined invalid or unenforceable, the remaining provisions shall nevertheless remain in full force.

11.4 Headings. Headings are for convenience only and shall not affect interpretation.

EXECUTION & ATTESTATION

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], have signed this Will on this ___ day of __________, 20___, in [CITY], Alabama.

_______________________________________
[TESTATOR FULL LEGAL NAME], Testator

ATTESTATION OF WITNESSES

We, the undersigned witnesses, affirm that on the date set forth above:

1. The Testator declared to us that the foregoing instrument is his/her Last Will and Testament.
2. The Testator signed or acknowledged this Will in our presence.
3. We, in the Testator’s presence and in the presence of each other, signed below as witnesses.

SELF-PROVING AFFIDAVIT

(Ala. Code § 43-8-132)

STATE OF ALABAMA )
COUNTY OF [COUNTY] )

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], known to me to be the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, and all of these persons being by me duly sworn, the Testator declared to me and to the witnesses in my presence that the instrument is the Testator’s Last Will and Testament and that the Testator had willingly signed or directed another to sign for the Testator, and that the Testator executed the Will as a free and voluntary act for the purposes therein expressed; and each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and swears that the Testator was eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

The Testator and both witnesses sign this sworn statement before the notary, separately from their signatures on the Will above.

______________________________________
[TESTATOR 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 both witnesses, on this ___ day of __________, 20___.

______________________________________
Notary Public, State of Alabama
My commission expires: _______________

(SEAL)