Simple Will

LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1 Appointment of Personal Representative
   3.2 Payment of Debts, Expenses, and Taxes
   3.3 Specific Bequests
   3.4 Residuary Estate
   3.5 Appointment of Guardian & Conservator
   3.6 Fiduciary Powers

4. Representations & Warranties

5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title. This instrument is the duly executed Last Will and Testament (“Will”) of [TESTATOR FULL LEGAL NAME] (“Testator”).

1.2 Recitals.
(a) Testator is domiciled in [CITY/TOWN], Massachusetts and is of lawful age and sound mind.
(b) Testator desires to dispose of Testator’s estate in accordance with this Will pursuant to M.G.L. ch. 190B, § 2-502.

1.3 Effective Date & Governing Law. This Will shall take effect upon Testator’s death and shall be governed by the substantive and procedural laws of the Commonwealth of Massachusetts (the “Governing Law”).

2. DEFINITIONS

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

“Beneficiary” means any individual or entity that takes under this Will.

“Children” means the lineal descendants of Testator in the first degree of kinship, whether born or adopted, but excludes step-children.

“Estate” means all property, real and personal, tangible and intangible, over which Testator has the power of testamentary disposition at death.

“Personal Representative” means the individual or institution appointed in Section 3.1 to administer the Estate (synonymous with “Executor” under prior law).

“Residue” or “Residuary Estate” means the remainder of the Estate after satisfaction of Section 3.2 and all specific bequests.

“Specific Bequest” means a disposition of a specifically identified asset or sum of money under Section 3.3.

[Add additional defined terms as necessary.]

3. OPERATIVE PROVISIONS

3.1 Appointment of Personal Representative.
(a) Primary Appointment. I appoint [PRIMARY PERSONAL REPRESENTATIVE NAME], currently residing at [ADDRESS], as Personal Representative.
(b) Successor Appointment. If the primary appointee is unable or unwilling to serve, I appoint [SUCCESSOR PERSONAL REPRESENTATIVE NAME] as successor.
(c) Bond. The Personal Representative shall [serve with / serve without] surety on any required bond.

3.2 Payment of Debts, Expenses, and Taxes.
(a) The Personal Representative shall first pay from the Estate all duly proven debts, funeral expenses, and costs of last illness.
(b) Estate and inheritance taxes attributable to property passing under this Will or otherwise shall be paid from the Residuary Estate without apportionment, unless expressly apportioned herein.

3.3 Specific Bequests.
(a) Tangible Personal Property. I give all my tangible personal property to [BENEFICIARY NAME OR “my Children, per stirpes”].
(b) Monetary Bequests. I give the sum of $[AMOUNT] to [BENEFICIARY].
(c) Real Property. I devise my real property located at [ADDRESS OR LEGAL DESCRIPTION] to [BENEFICIARY].

3.4 Residuary Estate. I give the Residue to [RESIDUARY BENEFICIARY(IES)], [in equal shares / per stirpes / other]. If any Residuary Beneficiary predeceases me, that Beneficiary’s share shall pass [per stirpes to his/her descendants / to the surviving Residuary Beneficiaries, pro rata].

3.5 Appointment of Guardian & Conservator.
If at my death any of my Children are under eighteen (18) years of age, I nominate [PRIMARY GUARDIAN NAME], with [SUCCESSOR GUARDIAN NAME] as successor, to serve as guardian of the person and conservator of the property of such minor Children.

3.6 Fiduciary Powers.
The Personal Representative shall have, without court order, all powers granted under M.G.L. ch. 190B, §§ 3-715 and 3-703, including, without limitation, the power to sell, lease, invest, distribute in kind, and make tax elections.

4. REPRESENTATIONS & WARRANTIES

4.1 Testamentary Capacity & Intent. Testator represents that Testator is eighteen (18) years of age or older, of sound mind, and executing this Will voluntarily, free of undue influence.

4.2 Omissions. Testator makes no provision for [NAME OF PERSON] and affirms such omission is intentional.

4.3 Prior Instruments. Testator hereby revokes all prior wills and codicils.

5. COVENANTS & RESTRICTIONS

5.1 Fiduciary Standards. The Personal Representative shall act in a fiduciary capacity, exercising reasonable care, skill, and prudence.

5.2 Accounting & Reporting. The Personal Representative shall prepare and file all inventories, accounts, and tax returns as required under Governing Law and shall furnish copies to Beneficiaries upon written request.

5.3 Spendthrift Protection. All gifts and bequests under this Will shall be free from the claims of creditors of any Beneficiary, and no Beneficiary shall have power to anticipate, encumber, or assign any interest prior to actual receipt.

6. DEFAULT & REMEDIES

6.1 No-Contest Clause (In Terrorem). If any Beneficiary directly or indirectly contests this Will or any of its provisions in any court, that Beneficiary shall forfeit and be deemed to have predeceased Testator for purposes of distribution, unless such contest is based on probable cause.

6.2 Removal of Fiduciary. Any interested person may petition the Probate and Family Court for removal of the Personal Representative upon a showing of breach of fiduciary duty, dishonesty, incapacity, or other cause under M.G.L. ch. 190B, § 3-611.

7. RISK ALLOCATION

7.1 Indemnification of Personal Representative. The Estate shall indemnify and hold the Personal Representative harmless from all liability, loss, and expense (including reasonable attorneys’ fees) incurred in good-faith administration of the Estate, provided that such liability was not the result of the Personal Representative’s gross negligence or willful misconduct.

7.2 Limitation of Liability. Any liability of the Personal Representative arising from his, her, or its duties shall be limited to the assets of the Estate; no personal liability shall attach, except to the extent imposed by Governing Law.

7.3 Force Majeure. The Personal Representative shall not be liable for failure to perform any act required by this Will if such failure results from events beyond reasonable control, including but not limited to natural disaster, war, or governmental action.

8. DISPUTE RESOLUTION

8.1 Forum Selection. Exclusive jurisdiction and venue for all proceedings relating to this Will shall lie in the [COUNTY] Division of the Massachusetts Probate and Family Court Department.

8.2 Arbitration. Arbitration is not available for probate of this Will.

8.3 Jury Waiver. All probate matters are to be heard by the Probate and Family Court sitting without a jury, pursuant to Governing Law.

8.4 Injunctive Relief. The Probate and Family Court may grant injunctive or other equitable relief to enforce or preserve the provisions of this Will, including enforcement of Section 6.1.

9. GENERAL PROVISIONS

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

9.2 Severability. If any provision is determined unenforceable, the remaining provisions shall remain in full force to the maximum extent permitted by law.

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

9.4 Integration. This document constitutes the entire expression of Testator’s testamentary intent and supersedes all prior wills and codicils.

9.5 Governing Law. This Will shall be construed according to the laws of the Commonwealth of Massachusetts without regard to conflict-of-law principles.

9.6 Counterparts & Electronic Signatures. This Will may be executed in multiple counterparts, but each counterpart must satisfy the execution requirements of Governing Law; electronic signatures are not permitted for will execution under M.G.L. ch. 190B, § 2-502.

10. EXECUTION BLOCK

10.1 Testator Signature

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], hereby sign, publish, and declare this instrument to be my Last Will and Testament on this ____ day of __________, 20__, at _____________________________, Massachusetts.

_____________________________
[TESTATOR FULL LEGAL NAME], Testator

10.2 Attestation Clause

We, the undersigned, do hereby declare that on the date set forth above, [TESTATOR FULL LEGAL NAME], the Testator, signed and executed this instrument as the Testator’s Last Will and Testament in our presence, and that we, in the Testator’s presence and in the presence of each other, have hereunto subscribed our names as witnesses, believing the Testator to be of sound mind and under no improper influence.

10.3 Self-Proving Affidavit (Optional)

Commonwealth of Massachusetts
County of __________________

On this ____ day of __________, 20__, before me, the undersigned notary public, personally appeared the Testator and the above-named witnesses, who, being duly sworn, did state as follows:

1. The Testator executed the foregoing instrument as the Testator’s Last Will and Testament.
2. The Testator signed the Will willingly, and (or) directed another to sign for the Testator.
3. Each witness signed the Will in the presence of the Testator and of each other.
4. To the best knowledge of each witness, the Testator was at the time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

_____________________________
Notary Public
My Commission Expires: __________

© [YEAR] [FIRM NAME OR DRAFTER]. All rights reserved.