LAST WILL AND TESTAMENT
of
[TESTATOR FULL LEGAL NAME]
[// GUIDANCE: Replace every bracketed, ALL-CAPS placeholder before execution. Double-check spelling of all names and addresses.]
TABLE OF CONTENTS
- Definitions
- Revocation of Prior Instruments
- Family Information
- Appointment of Personal Representative (Executor)
- Disposition of Property
- Guardianship of Minor Children
- Fiduciary Powers, Indemnification & Liability Limitation
- Tax Allocation & Apportionment
- Governing Law; Probate Forum; Will-Contest Relief
- Miscellaneous Provisions
- Execution & Attestation Clause
- Self-Proving Affidavit (Delaware)
PREAMBLE
I, [TESTATOR FULL LEGAL NAME], presently residing at [STREET ADDRESS, COUNTY, STATE OF DELAWARE], being of sound mind and under no duress or undue influence, hereby declare this instrument to be my Last Will and Testament (this “Will”), and I revoke all prior wills and codicils.
1. DEFINITIONS
Unless the context clearly requires otherwise, capitalized terms have the meanings below. Defined terms apply throughout this Will.
1.1 “Administrator” means any court-appointed fiduciary if no Personal Representative is acting.
1.2 “Beneficiary” means any person or entity entitled to receive property under this Will, whether by specific, demonstrative, general, or residuary bequest.
1.3 “Child” or “Children” includes any child of mine (whether born or legally adopted before or after the date of this Will) and the lawful issue of any deceased child, who shall take per stirpes.
1.4 “Estate” means all property, real and personal, tangible and intangible, wherever situated, that I own or have the power of disposition over at death.
1.5 “Issue” has the same meaning as “descendants,” lineal by blood or legal adoption, taking per stirpes.
1.6 “Personal Representative” means the Executor, Co-Executors, or Successor Executor appointed in Article 4, acting at any time.
1.7 “Residue” means the balance of my Estate remaining after payment of debts, expenses, taxes, and all specific and general bequests.
[// GUIDANCE: Add any specialized terms (e.g., “Business Interests,” “Digital Assets”) needed for the Testator’s circumstances.]
2. REVOCATION OF PRIOR INSTRUMENTS
I expressly revoke all prior wills, codicils, and testamentary instruments executed by me at any time before the date of this Will, whether in whole or in part.
3. FAMILY INFORMATION
3.1 Spouse. I am presently married to [SPOUSE FULL LEGAL NAME] (“Spouse”).
3.2 Children. My Children are:
a. [CHILD 1 NAME], born [DOB]
b. [CHILD 2 NAME], born [DOB]
c. [ADDITIONAL CHILDREN OR “None.”]
[// GUIDANCE: Delaware does not require listing family members, but doing so clarifies intent and helps avoid will contests.]
4. APPOINTMENT OF PERSONAL REPRESENTATIVE (EXECUTOR)
4.1 I nominate [PRIMARY EXECUTOR NAME], currently residing at [ADDRESS], as Personal Representative of my Estate.
4.2 If [PRIMARY EXECUTOR NAME] is unwilling or unable to serve, I nominate [SUCCESSOR EXECUTOR NAME], currently residing at [ADDRESS], as Successor Personal Representative.
4.3 Bond. No Personal Representative shall be required to furnish any bond or security unless a Delaware probate court expressly orders otherwise.
4.4 Compensation. My Personal Representative is entitled to reasonable compensation and reimbursement of properly incurred expenses.
5. DISPOSITION OF PROPERTY
5.1 Specific Bequests.
a. I give [DESCRIPTION OF ITEM OR DOLLAR AMOUNT] to [BENEFICIARY NAME & RELATIONSHIP].
b. [Repeat as needed.]
5.2 Tangible Personal Property Memorandum. I may leave a written memorandum, signed and dated, disposing of specific items of tangible personal property. Such memorandum, if located and identified after my death, shall be incorporated by reference and shall control disposition of those items.
5.3 Residuary Estate. I give all the rest, residue, and remainder of my Estate, of whatever kind and wherever situated, to [PRIMARY RESIDUARY BENEFICIARY NAME].
a. If [PRIMARY RESIDUARY BENEFICIARY NAME] does not survive me by thirty (30) days, I give the Residue to [ALTERNATE RESIDUARY BENEFICIARY(IES)], per stirpes.
[// GUIDANCE: Delaware recognizes survivorship conditions and per-stirpes distribution. Thirty-day survivorship minimizes simultaneous-death issues.]
6. GUARDIANSHIP OF MINOR CHILDREN
If at my death any of my Children are under the age of eighteen (18) years and a Guardian of their person or property is required, I nominate [PRIMARY GUARDIAN NAME], residing at [ADDRESS], to serve as Guardian. If [he/she/they] cannot serve, I nominate [SUCCESSOR GUARDIAN NAME]. No Guardian shall be required to post bond absent court order.
7. FIDUCIARY POWERS, INDEMNIFICATION & LIABILITY LIMITATION
7.1 Statutory Powers. My Personal Representative shall have all powers granted to personal representatives under applicable Delaware probate law, as amended from time to time, including but not limited to the power to sell, lease, mortgage, invest, reinvest, settle claims, and make tax elections.
7.2 Extended Discretionary Powers. Without court order, my Personal Representative may:
a. Employ and pay professionals, including attorneys, accountants, and appraisers.
b. Settle or compromise any claim for or against my Estate.
c. Retain any asset in its current form or convert it.
d. Divide or distribute assets in kind, in cash, or partly in each, without regard to tax bases or equalizing valuations.
7.3 Executor Indemnity. My Estate shall indemnify and hold harmless each Personal Representative from and against any loss, liability, or expense (including reasonable attorneys’ fees) arising from good-faith administration of the Estate, except for losses resulting from willful misconduct or gross negligence.
7.4 Liability Cap. Consistent with Delaware law, any liability of a Personal Representative to Beneficiaries or third parties shall be limited to the assets of my Estate then under administration; no personal liability shall attach.
8. TAX ALLOCATION & APPORTIONMENT
8.1 All estate, inheritance, generation-skipping transfer, and other death taxes (“Death Taxes”) payable by reason of my death shall be paid from my Residue without apportionment, unless a taxing statute mandates otherwise.
8.2 My Personal Representative may make any tax elections deemed beneficial and shall not be liable for consequences of good-faith tax decisions.
9. GOVERNING LAW; PROBATE FORUM; WILL-CONTEST RELIEF
9.1 This Will is governed by the laws of the State of Delaware relating to wills and decedents’ estates (“state_probate_law”).
9.2 Exclusive jurisdiction for the probate of this Will and for any proceeding to construe or contest it shall lie in the [NAME OF COUNTY] County Register of Wills and the Court of Chancery or other Delaware probate court of competent jurisdiction (“state_probate_court”). No arbitration of probate matters is available or intended.
9.3 Nothing herein waives or limits the court’s power to grant injunctive or other equitable relief in any will-contest or related proceeding (“will_contest_remedy”).
10. MISCELLANEOUS PROVISIONS
10.1 Spendthrift Protection. To the maximum extent permitted by Delaware law, the interest of any Beneficiary hereunder shall not be subject to the claims of such Beneficiary’s creditors nor to legal process, and may not be voluntarily or involuntarily transferred, assigned, or anticipated.
10.2 No Contest Clause. If any Beneficiary directly or indirectly challenges the validity of this Will and the challenge is finally adjudicated to be without probable cause, that Beneficiary shall forfeit all interests under this Will, and such forfeited property shall pass as if that Beneficiary had predeceased me without issue.
10.3 Digital Assets. My Personal Representative shall have authority to access, manage, and dispose of my digital assets and electronic communications, consistent with federal law and Delaware’s fiduciary access statutes.
10.4 Severability. If any provision of this Will is held invalid, all remaining provisions shall remain in force so far as possible.
11. EXECUTION & ATTESTATION CLAUSE
IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], have signed this Will on this _ day of _, 20____, at [CITY, DELAWARE].
[TESTATOR FULL LEGAL NAME], Testator
ATTESTATION BY WITNESSES
We, [WITNESS #1 NAME] and [WITNESS #2 NAME], whose signatures appear below, declare under penalty of perjury that on the date above:
- The Testator declared the foregoing document to be his/her/their Last Will and Testament and requested us to act as witnesses.
- The Testator, who appeared to us to be of sound mind and at least eighteen (18) years of age, signed the Will (or acknowledged a previously made signature) in our presence.
- We each signed this Will in the physical presence of the Testator and of each other.
- To the best of our knowledge, neither of us is a Beneficiary under this Will nor otherwise disqualified to act as a witness under Delaware law.
Witness #1 Signature: ____
Printed Name: _____
Address: ______
Witness #2 Signature: ____
Printed Name: _____
Address: ______
[// GUIDANCE: Delaware requires at least two credible witnesses, present at the same time, who are generally disinterested. Each must be at least 18 years old.]
12. SELF-PROVING AFFIDAVIT
(State of Delaware, County of [COUNTY])
Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], all known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument. Being duly sworn, each person declared to me under oath that:
- The Testator executed the instrument as the Testator’s Last Will and Testament.
- The Testator was at least eighteen (18) years of age and of sound mind, and executed the Will freely and voluntarily.
- Each witness signed the Will in the presence of the Testator and of each other.
- To the best of the witnesses’ knowledge, the Testator was not acting under duress, menace, fraud, or undue influence.
Subscribed, sworn, and acknowledged before me by the Testator and the two witnesses on this _ day of _, 20____.
Notary Public for the State of Delaware
My Commission Expires: ___
[// GUIDANCE: A self-proving affidavit allows the Will to be admitted to probate without the witnesses having to testify. Delaware accepts self-proving wills that conform substantially to this form and are notarized.]