LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

[// GUIDANCE: This template is drafted for use in the State of Alabama and is intended to satisfy Ala. Code § 43-8-131 et seq. regarding execution, witnessing, and probate procedures. Replace all bracketed placeholders with client-specific information and delete any inapplicable provisions.]

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 of sound mind and disposing memory, 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.
[// GUIDANCE: List only those relationships that apply.]

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 may leave a written statement or list disposing of tangible personal property pursuant to Ala. Code § 43-8-133. Such statement, if in existence at my death and signed by me, shall be incorporated herein by reference.

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. No bond or other security shall be required of any Personal Representative unless required by the Court.

5.3 Powers. My Personal Representative shall have all powers conferred by the Alabama Probate Code, Ala. Code § 43-2-840 et seq., 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 and property of such minor child. If he or she cannot serve, I nominate [ALTERNATE GUARDIAN NAME].

6.2 Bond Waiver. No bond shall be required of any Guardian nominated herein, unless the Court orders otherwise for good cause.

ARTICLE VII

FIDUCIARY POWERS & ADMINISTRATIVE PROVISIONS

7.1 Incorporation by Reference. The provisions of Ala. Code § 19-3-330 et seq. (Alabama Uniform 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. My Personal Representative shall have authority under the Alabama Revised Uniform Fiduciary Access to Digital Assets Act to access, manage, and dispose of my digital assets.

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.

[// GUIDANCE: Alabama recognizes in-terrorem clauses; however, enforcement is subject to equitable considerations. Consider risk before activating this clause.]

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 Exclusive Forum. Exclusive jurisdiction for probate of this Will shall lie in the Probate Court of [COUNTY] County, Alabama (the “Court”).

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.

Notary Public, State of Alabama
My commission expires: ___

(SEAL)

[// GUIDANCE: File the original executed Will with the Probate Court of the county of the Testator’s domicile. Retain conformed copies for the client’s records.]