Simple Will - District of Columbia

LAST WILL AND TESTAMENT

OF [FULL LEGAL NAME]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Governing Law and Probate Proceedings
9. General Provisions
10. Execution Block
11. Witness Attestation Clause

1. DOCUMENT HEADER

1.1 Date and Jurisdiction.
This Last Will and Testament (the “Will”) is made as of [DATE] (the “Effective Date”) by [FULL LEGAL NAME], residing at [ADDRESS], Social Security No. [XXX-XX-LAST4SSN] (“Testator”), pursuant to and governed by the laws of the District of Columbia.

1.2 Revocation of Prior Instruments.
I hereby revoke all prior wills and codicils.

1.3 Intent.
This Will is intended to dispose of all property over which I have testamentary power at the time of my death.

2. DEFINITIONS

Unless the context clearly requires otherwise, capitalized terms have the meanings set forth below:

“Alternate Executor” means the individual(s) named in Section 3.2(b).
“Child(ren)” means all biological and legally adopted children of Testator, whether now living or hereafter born or adopted.
“Devise” or “Bequest” refers to any disposition of property made in this Will.
“Estate” means all real and personal property, tangible and intangible, subject to Testator’s testamentary disposition.
“Executor” means the personal representative appointed in Section 3.2(a).
“Residue” means the remainder of the Estate after payment of debts, expenses, taxes, and the Specific Bequests provided herein.

3. OPERATIVE PROVISIONS

3.1 Payment of Debts, Expenses, and Taxes.
(a) Subject to applicable payment priorities and available estate assets, I direct my Executor to pay enforceable debts and proper funeral and administration expenses from my Estate. I direct that District of Columbia and federal estate taxes paid by my Executor be borne by the Residue without apportionment among persons interested in my Estate to the extent permitted by D.C. Code § 47-3714(a) and other applicable law.

(b) Interest and penalties shall be minimized through timely filings and elections.

3.2 Appointment of Executor.
(a) I nominate [PRIMARY EXECUTOR NAME], currently residing at [ADDRESS], as Executor of this Will.
(b) If [PRIMARY EXECUTOR NAME] is unable or unwilling to serve, I nominate [ALTERNATE EXECUTOR NAME], residing at [ADDRESS], as Alternate Executor.

3.3 Specific Bequests.
I give and devise the property identified below:

(i) [DESCRIPTION OF ITEM OR AMOUNT] to [BENEFICIARY NAME & RELATIONSHIP];
(ii) [repeat as necessary].

3.4 Residuary Clause.
I give all of the Residue of my Estate to [RESIDUARY BENEFICIARY NAME], absolutely.

3.5 Guardianship of Minor Children.
To the extent D.C. Code § 21-102 authorizes my testamentary appointment as the surviving parent of an unmarried minor Child, I appoint [GUARDIAN NAME] as guardian of that Child's person. If that person refuses to serve, I request that the Probate Court consider [ALTERNATE GUARDIAN NAME] under D.C. Code § 21-103. Otherwise, these names express my preference for the court's consideration, subject to applicable law. This clause does not appoint a guardian of the Child's property.

3.6 Funeral and Burial Directions.
It is my wish that [BURIAL / CREMATION / OTHER] arrangements be made in accordance with any written instructions I leave separate from this Will.

3.7 Digital Assets.
Subject to any effective direction I give through a custodian's online tool, I consent to disclosure to my Executor of my digital assets, including the content of electronic communications I sent or received, to the extent permitted by D.C. Code §§ 21-2504, 21-2507, and 21-2508. My Executor may request disclosure by providing the documentation required by those provisions and may administer disclosed assets under applicable law.

3.8 Fiduciary Powers.
My Executor may exercise the powers conferred by D.C. Code § 20-741 to manage, sell, lease, exchange, insure, and otherwise administer Estate assets, subject to this Will, applicable law, and any court order.

4. REPRESENTATIONS & WARRANTIES

4.1 Testamentary Capacity.
I am of sound and disposing mind and at least eighteen (18) years of age, satisfying the capacity requirements of D.C. Code § 18-102, and this Will is executed and attested as required by D.C. Code § 18-103.

4.2 Title to Property.
I intend to dispose only of property I own or over which I hold testamentary power.

5. COVENANTS & RESTRICTIONS

5.1 Executor’s Covenant of Good Faith.
The Executor shall administer the Estate in good faith, with reasonable care, skill, and caution.

5.2 Bond Waiver.
No Executor or Alternate Executor shall be required to furnish bond or other security, except as a court of competent jurisdiction may otherwise direct.

6. DEFAULT & REMEDIES

6.1 In Terrorem (No-Contest) Clause.
If a beneficiary contests the validity of this Will, that beneficiary shall forfeit the interests granted here and those interests shall pass as though the beneficiary predeceased me, to the extent this clause is enforceable under District of Columbia law. See Ackerman v. Genevieve Ackerman Family Trust, 908 A.2d 1200 (D.C. 2006).

6.2 Disinheritance.
Except as expressly provided, I intentionally make no provision for any person not named herein.

7. RISK ALLOCATION

7.1 Executor Expenses.
The Executor may receive reimbursement from the Estate for proper, reasonable expenses incurred in good-faith administration, subject to applicable law and court review.

7.2 Limitation of Liability.
This Will does not excuse an improper exercise of power or limit liability for resulting loss. D.C. Code § 20-743 governs breach of fiduciary duty by a personal representative.

8. GOVERNING LAW AND PROBATE PROCEEDINGS

8.1 Governing Law.
This Will and all rights hereunder shall be governed by and construed in accordance with the laws of the District of Columbia.

8.2 Probate Proceedings.
Proceedings to probate this Will or administer my Estate may be brought in the Superior Court of the District of Columbia when that court has jurisdiction and venue under applicable law. D.C. Code § 11-921(a)(5).

9. GENERAL PROVISIONS

9.1 Severability.
If any provision of this Will is held invalid, the remaining provisions shall remain enforceable to the maximum extent permitted by law.

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

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

9.4 Integration.
This Will and any valid codicil express my testamentary intent.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, I, [FULL LEGAL NAME], the Testator, sign my name to this Will on the date first written above, at [CITY], District of Columbia, declaring to the undersigned witnesses that this instrument is my Last Will and Testament.

_____________________________________ Date: _______________
[FULL LEGAL NAME], Testator

11. WITNESS ATTESTATION CLAUSE

We, the undersigned witnesses, being present at the same time, each declare that the Testator signed and acknowledged this Will in our presence, that we thereafter signed as witnesses in the Testator’s presence and in the presence of each other, and that the Testator appeared to us to be of sound mind and free from undue influence.