Simple Will - Connecticut

LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

[Effective Date: [DATE]]
[Jurisdiction: State of Connecticut]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1.1 Identification of Testator
I, [TESTATOR FULL LEGAL NAME], presently residing at [ADDRESS], being of legal age (at least 18) and of sound mind and memory, hereby declare this instrument to be my Last Will and Testament (the “Will”), revoking all prior wills and codicils.

1.2 Recitals
(a) I am executing this Will voluntarily and free from undue influence.
(b) This Will is intended to dispose of all property over which I have testamentary power at death.
(c) This Will shall be governed by the substantive probate law of the State of Connecticut.

II. DEFINITIONS

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

“Beneficiary” means any person or entity receiving property under this Will.
“Child” or “Children” means my biological or legally adopted descendants, whether now living or hereafter born or adopted.
“Executor” means the Personal Representative appointed under Section III.3.
“Residuary Estate” means all property passing under this Will that is not otherwise effectively disposed of by specific or general bequests.
“Testamentary Trust” means any trust created under this Will.
“Will Contest” has the meaning set forth in Section VI.1(a).

III. OPERATIVE PROVISIONS

3.1 Payment of Debts, Expenses, and Taxes
(a) I direct my Executor to pay, out of my estate, all enforceable debts, funeral expenses, estate administration expenses, and estate or inheritance taxes attributable to property passing under this Will or outside of it, except as otherwise expressly provided.
(b) Such payments shall be made without apportionment against any Beneficiary, unless a contrary federal or state law mandates apportionment.

3.2 Specific Bequests
(a) Tangible Personal Property. I bequeath my tangible personal property as listed on Schedule A attached to and executed as part of this Will or, for property not effectively disposed of on that Schedule, to [BENEFICIARY NAME OR “my Children in equal shares”]. Do not rely on a later unwitnessed memorandum to change a dispositive provision; any later change must satisfy the execution law applicable to a will or codicil.
(b) Cash or Pecuniary Gifts. I bequeath [AMOUNT] dollars to [BENEFICIARY NAME].
(c) Real Property. I devise my interest in the real property located at [ADDRESS / LEGAL DESCRIPTION] to [BENEFICIARY NAME], subject to any mortgages, liens, or encumbrances.

3.3 Residuary Estate
I devise the Residuary Estate to [PRIMARY RESIDUARY BENEFICIARY]. If such Beneficiary does not survive me, the Residuary Estate shall pass to [CONTINGENT BENEFICIARY] per stirpes.

3.4 Appointment of Executor
(a) I nominate [EXECUTOR NAME] of [CITY, STATE] as Executor of this Will. If [HE/SHE/THEY] fails or ceases to serve, I nominate [ALTERNATE EXECUTOR NAME] as successor.
(b) Bond. Pursuant to Conn. Gen. Stat. § 45a-289, the Probate Court shall follow this direction that no Executor be required to furnish bond or security if no objection is filed; a bond may nonetheless be required if an objection is filed or the Probate Court determines that a bond is necessary to protect creditors or to assure payment of succession taxes.

3.5 Guardianship of Minor Children
Pursuant to Conn. Gen. Stat. § 45a-596, if at my death I am an eligible parent of an unmarried minor Child and the parents who are guardians are dead, I appoint [GUARDIAN NAME] as guardian of ☐ the person ☐ the estate ☐ both, with [ALTERNATE GUARDIAN NAME] as successor. The appointment becomes effective only when the appointee's written acceptance is filed in the Probate Court where this Will is probated, does not supersede an earlier court appointment, and remains subject to court control and applicable bond requirements.

3.6 Creation of Testamentary Trusts [Optional]
[Insert spendthrift trust or minor’s trust provisions as needed.]

IV. REPRESENTATIONS & WARRANTIES

4.1 Capacity & Title
(a) I warrant that, to the best of my knowledge, I possess full testamentary capacity.
(b) I warrant that all property devised herein is, at the time of execution, either owned by me or subject to a power of disposition vested in me.

4.2 No Undisclosed Obligations
I affirm that, to the best of my knowledge, no undisclosed marital, contractual, or court-ordered obligations prevent or restrict the dispositions made under this Will.

V. COVENANTS & RESTRICTIONS

5.1 Cooperation Covenant
Each Beneficiary shall cooperate with the Executor to effectuate prompt settlement of the estate and shall execute any documents reasonably requested to transfer or confirm title.

5.2 Spendthrift Restriction
Except as otherwise required by law, no Beneficiary’s interest under this Will shall be subject to voluntary or involuntary transfer, assignment, or attachment prior to actual distribution.

VI. DEFAULT & REMEDIES

6.1 Will Contest – In Terrorem Clause
(a) Definition. A “Will Contest” means any direct or indirect action to invalidate, set aside, or oppose the probate of this Will, other than a good-faith request for formal proof of execution.
(b) Consequence. Any Beneficiary who initiates or joins a Will Contest shall forfeit all interests under this Will and shall be deemed to have predeceased me, the forfeited share passing to the next taker in default.
(c) Good-Faith / Probable-Cause Exception. Notwithstanding subsection (b), no forfeiture shall result from a Will Contest that is brought and maintained in good faith, upon probable cause, and with reasonable justification.
(d) Enforcement. The Executor is authorized to withhold distributions pending resolution of any potential or actual Will Contest.

6.2 Attorneys’ Fees
Attorneys’ fees and costs may be charged to the estate or another person's share only to the extent authorized by applicable law or ordered by a court having jurisdiction.

VII. RISK ALLOCATION

7.1 Executor Reimbursement
The Executor (including any successor) may be reimbursed from the estate for expenses and liabilities properly incurred in good-faith administration to the extent permitted by applicable law and approved in the estate administration. This clause does not relieve a fiduciary from liability for breach of duty.

7.2 Limitation of Liability
No Beneficiary has personal liability merely by receiving an interest under this Will. Fiduciary liability, creditor claims, beneficiary liability after distribution, and recovery against estate property are governed by applicable law; this Will does not impose a blanket probate-estate cap on every claim or fiduciary breach.

VIII. DISPUTE RESOLUTION

8.1 Governing Law
This Will, its validity, and all rights and duties hereunder shall be governed by the substantive probate law of the State of Connecticut without regard to conflict-of-laws principles.

8.2 Court and Venue
If I die domiciled in Connecticut, the Probate Court for the district of my domicile has power to admit this Will under Conn. Gen. Stat. § 45a-98(a)(2). A nondomiciliary proceeding is governed by § 45a-287. An aggrieved person may appeal an appealable Probate Court order, denial, or decree to the Superior Court only by satisfying Conn. Gen. Stat. § 45a-186 and other applicable procedural law; this Will does not alter jurisdiction, venue, standing, or deadlines.

8.3 Jury Rights
This Will contains no contractual jury waiver. Any right to a jury is determined by the nature of the proceeding, the forum, and applicable law.

8.4 Protective Relief
A party may request protective, equitable, or injunctive relief from a court having statutory authority to grant the requested remedy. This Will does not enlarge the limited jurisdiction of a Probate Court.

IX. GENERAL PROVISIONS

9.1 Severability
If any provision of this Will is determined to be invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be construed, to the extent possible, to effectuate my intent.

9.2 Headings
Headings are for convenience only and do not affect substantive meaning.

9.3 Gender & Number
Words of any gender include all genders; words in the singular include the plural and vice versa where context requires.

9.4 Integration
This document constitutes my entire Will. No extrinsic evidence may vary its unambiguous terms, except as permitted by applicable law.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, I have hereunto set my hand and seal on the date first written above.

_____________________________
[TESTATOR NAME], Testator

ATTESTATION CLAUSE (Two Witnesses Required – Conn. Gen. Stat. § 45a-251)

We, the undersigned, certify that the Testator signed or acknowledged this instrument in our presence and that each of us now signs as an attesting witness in the Testator’s presence, as required by Conn. Gen. Stat. § 45a-251. Connecticut law does not require the witnesses to sign in each other's presence.

WITNESS AFFIDAVIT IN PROOF OF WILL (Optional – Conn. Gen. Stat. § 45a-285)

State of Connecticut )
County of __________________ ) ss: ______________ [Date]

We, [WITNESS #1 NAME] and [WITNESS #2 NAME], being first duly sworn, state the facts to which we would testify in court to prove this Will: the Testator signed or acknowledged the Will; each of us signed as an attesting witness in the Testator's presence; and, to the best of our knowledge, the Testator was eighteen (18) years of age or older, of sound mind, and acting voluntarily.

_____________________________ Witness #1
_____________________________ Witness #2

Subscribed and sworn to before me by the witnesses this ____ day of __________, 20__.

_____________________________
Notary Public / Commissioner of the Superior Court [Seal]
My Commission Expires: __________

SCHEDULE A — TANGIBLE PERSONAL PROPERTY GIFTS

This Schedule is attached to and executed as part of the Will. Any later amendment must be made with the formalities required for a will or codicil.

SOURCES AND REFERENCES

• Conn. Gen. Stat. § 45a-250 (Who may make a will): https://www.cga.ct.gov/current/pub/chap_802a.htm#sec_45a-250
• Conn. Gen. Stat. § 45a-251 (Making and execution of wills): https://www.cga.ct.gov/current/pub/chap_802a.htm#sec_45a-251
• Conn. Gen. Stat. § 45a-257 (Revocation of will): https://www.cga.ct.gov/current/pub/chap_802a.htm#sec_45a-257
• Conn. Gen. Stat. § 45a-258 (Devise or bequest to subscribing witness): https://www.cga.ct.gov/current/pub/chap_802a.htm#sec_45a-258
• Conn. Gen. Stat. § 45a-285 (Proof of will out of court): https://www.cga.ct.gov/current/pub/chap_802b.htm#sec_45a-285
• Conn. Gen. Stat. § 45a-289 (When bond required of executor): https://www.cga.ct.gov/current/pub/chap_802b.htm#sec_45a-289
• Conn. Gen. Stat. § 45a-596 (Parental appointment of guardian of minor): https://www.cga.ct.gov/current/pub/chap_802h.htm#sec_45a-596
• Conn. Gen. Stat. § 45a-436 (Statutory share of surviving spouse): https://www.cga.ct.gov/current/pub/chap_802b.htm#sec_45a-436
• Conn. Gen. Stat. § 45a-98 (Probate Court general powers): https://www.cga.ct.gov/current/pub/chap_801a.htm#sec_45a-98
• Conn. Gen. Stat. § 45a-186 (Appeals from probate): https://www.cga.ct.gov/current/pub/chap_801b.htm#sec_45a-186
• Connecticut Probate Court Form PC-210 (Affidavit in Proof of Will): https://www.ctprobate.gov/Forms/PC-210.pdf
• South Norwalk Trust Co. v. St. John, 92 Conn. 168 (1917) (probable-cause exception to in terrorem clauses)
• Salce v. Cardello, 348 Conn. 90 (2023) (reaffirming validity of in terrorem clauses subject to good-faith/public-policy limits)

END OF DOCUMENT