LAST WILL AND TESTAMENT
OF [FULL LEGAL NAME]
[// GUIDANCE: Replace all bracketed, bolded placeholders before execution. All bracketed italicized language may be deleted or adapted as appropriate.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Witness Attestation Clause
- (Optional) Self-Proving Affidavit
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.
[// GUIDANCE: Add additional defined terms as needed for complex estates (e.g., “Digital Assets,” “Trustee,” etc.).]
3. OPERATIVE PROVISIONS
3.1 Payment of Debts, Expenses, and Taxes.
(a) I direct my Executor to pay (i) all enforceable debts, (ii) funeral and burial expenses consistent with any directions in Section 3.6, and (iii) all estate, inheritance, and other death-related taxes from my Estate, without apportionment against any beneficiary, except as otherwise provided by 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 and in fee simple.
[// GUIDANCE: Insert contingent beneficiaries for prudent planning.]
3.5 Guardianship of Minor Children.
If at my death any Child is under eighteen (18) years of age, I nominate [GUARDIAN NAME] as guardian of the person and property of such Child. If [GUARDIAN NAME] fails to qualify or cease to serve, I nominate [ALTERNATE GUARDIAN NAME].
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.
I authorize my Executor to access, manage, and dispose of all Digital Assets in accordance with applicable law, including the Revised Uniform Fiduciary Access to Digital Assets Act as adopted in the District of Columbia.
3.8 Fiduciary Powers.
My Executor shall have all powers conferred upon personal representatives under District of Columbia law, including, without limitation, the powers to sell, lease, exchange, invest, insure, and otherwise manage Estate assets, without court order, for the benefit of the Estate and its beneficiaries.
4. REPRESENTATIONS & WARRANTIES
4.1 Testamentary Capacity.
I am of sound mind and over eighteen (18) years of age, satisfying the execution requirements of D.C. Code § 18-103 (2023).
4.2 Title to Property.
I warrant that all property disposed of herein is, to the best of my knowledge, owned by me or subject to my 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 any beneficiary (either directly or indirectly) contests or seeks to invalidate this Will, that beneficiary shall forfeit all interests granted herein and such interests shall pass as though that person predeceased me.
6.2 Disinheritance.
Except as expressly provided, I intentionally make no provision for any person not named herein.
7. RISK ALLOCATION
7.1 Executor Indemnification.
The Executor and any Alternate Executor shall be indemnified out of the Estate against all claims, liabilities, and expenses (including reasonable attorneys’ fees) incurred in good-faith administration, provided such liabilities arise solely from estate affairs and do not result from gross negligence or willful misconduct.
7.2 Limitation of Liability.
Liability of the Executor shall in all events be limited to the value of the Estate assets under the Executor’s administration.
8. DISPUTE RESOLUTION
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 Forum Selection.
Exclusive jurisdiction and venue for all matters arising under or relating to the Estate shall lie in the Probate Division of the Superior Court of the District of Columbia (the “Probate Court”).
8.3 Arbitration.
Arbitration is expressly not available for matters subject to the exclusive jurisdiction of the Probate Court.
8.4 Jury Waiver.
Because probate proceedings in the District of Columbia are tried without a jury, any right to a jury trial is inapplicable and therefore waived.
8.5 Injunctive Relief.
Nothing herein shall limit the Probate Court’s authority to grant injunctive or other equitable relief to preserve Estate assets or enforce the provisions of this Will.
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 instrument constitutes the entire expression of my testamentary intent. No extrinsic evidence may vary its terms except as allowed by law.
9.5 Counterpart Execution; Electronic Signatures.
This Will may be executed in counterparts, each deemed an original. Signatures may be affixed electronically only to the extent permitted by applicable law and court rule.
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.
text
_______ 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.
| Witness | Signature | Printed Name | Address | Date |
|---|---|---|---|---|
| 1. | ____ | ______ | ____ | ______ |
| 2. | ____ | ______ | ____ | ______ |
[// GUIDANCE: District of Columbia requires at least two (2) credible witnesses who are generally disinterested. A self-proving affidavit, while not mandatory, is strongly recommended to streamline probate.]
12. SELF-PROVING AFFIDAVIT (Optional)
text
District of Columbia ) ss.
City/County of ______ )
Before me, the undersigned authority, on this day personally appeared [FULL LEGAL NAME], Testator, and the witnesses whose names are subscribed above, who being duly sworn, each declared to me that the Testator willingly signed and executed this instrument as the Testator’s Last Will and Testament; that the witnesses each signed the Will as witness in the presence of the Testator and of each other; and that, to the best knowledge of each witness, the Testator was eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.
Notary Public for the District of Columbia
My commission expires: _______
[// GUIDANCE: File the executed Will with the Probate Division of the D.C. Superior Court following the Testator’s death. Consider retaining digital and physical originals in separate secure locations.]