Simple Will - Connecticut

LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

[Execution Date: [__/__/____]]
[Jurisdiction: State of Connecticut]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Family and Spousal Share
V. Estate Administration
VI. Will Contest and Expenses
VII. Executor and Beneficiary Liability
VIII. Dispute Resolution
IX. General Provisions
Schedule A. Tangible Personal Property Gifts
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 children, 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.
“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 legally enforceable debts, estate administration expenses, and taxes as required by law.
(b) To the extent applicable law permits this Will to allocate a tax burden, I direct that death taxes attributable to property passing under this Will be paid from the Residuary Estate before distribution. This direction does not assume that the estate may be charged for taxes on property passing outside this Will.

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 living at my death. Otherwise it shall pass to [CONTINGENT BENEFICIARY], if living at my death; if neither survives me, to my then-living descendants, per stirpes, and if none, to my heirs under Connecticut law.

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 for [MINOR CHILD NAME(S)], 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.

IV. FAMILY AND SPOUSAL SHARE

4.1 Marital Status. ☐ I am married to [SPOUSE FULL LEGAL NAME]. ☐ I am unmarried.

4.2 Surviving Spouse. Nothing in this Will waives a surviving spouse's statutory-share right under Conn. Gen. Stat. § 45a-436. A qualifying written agreement made before or after marriage may affect that right under subsection (f).

V. ESTATE ADMINISTRATION

5.1 Cooperation. I request each Beneficiary to cooperate with the Executor in administering the estate and to provide reasonable receipts or transfer documents when legally appropriate.

VI. WILL CONTEST AND EXPENSES

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) Exceptions. I direct that no forfeiture result from a Will Contest brought and maintained in good faith and upon probable cause, or from a good-faith request for judicial review of fiduciary administration, an accounting, or a statutory right. Salce v. Cardello, 348 Conn. 90 (2023), limits enforcement of a no-contest clause where it would obstruct good-faith review of fiduciary conduct.
(d) Enforcement. The Executor may request direction from the court about a disputed distribution while a Will Contest is pending.

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. EXECUTOR AND BENEFICIARY LIABILITY

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). An aggrieved person may appeal a Probate Court order, denial, or decree to the Superior Court under Conn. Gen. Stat. § 45a-186, subject to applicable procedure. 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, including Schedule A attached before execution, constitutes my entire Will, subject to any valid later codicil. Applicable law governs evidence used to construe its terms.

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.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, I subscribe my name to this Will, including Schedule A, on [__/__/____] at [CITY], Connecticut, in the presence of the witnesses below.

_____________________________
[TESTATOR NAME], Testator

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

We, the undersigned, certify that the Testator subscribed this Will, including Schedule A, 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.

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

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 subscribed the Will in our presence; 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. This affidavit is on or attached to the Will.

_____________________________ Witness #1
_____________________________ Witness #2

Subscribed and sworn to before me by the witnesses on [__/__/____].

_____________________________
Officer authorized to administer oaths: [TITLE] [Seal]
My Commission Expires: __________

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
• Salce v. Cardello, 348 Conn. 90 (2023) (good-faith review of fiduciary administration)

END OF DOCUMENT