LAST WILL AND TESTAMENT
of
[TESTATOR FULL LEGAL NAME]
TABLE OF CONTENTS
- Document Header
- Definitions
- Revocation of Prior Instruments
- Appointment of Personal Representative
- Specific Bequests
- Dispositive Scheme of Residuary Estate
- Contingent Trust for Minor Beneficiaries (Optional)
- Nomination of Guardian/Conservator (Optional)
- Payment of Debts, Expenses, and Taxes
- Fiduciary Powers
- Executor Indemnification & Liability Cap
- Governing Law; Forum; Contest Remedies
- No-Contest (In Terrorem) Clause
- Miscellaneous Provisions
- Execution & Attestation
- Self-Proving Affidavit (Maine)
[// GUIDANCE: Delete any section marked “Optional” if not needed, or retain the heading and state “Intentionally Omitted.”]
1. DOCUMENT HEADER
1.1 Identification of Testator
I, [TESTATOR FULL LEGAL NAME], residing at [TESTATOR ADDRESS], being of sound mind and disposing memory, do hereby declare this instrument to be my Last Will and Testament (the “Will”), revoking all prior wills and codicils.
1.2 Date and Jurisdiction
This Will is executed on [DATE] in the State of Maine and shall be governed by and construed in accordance with the probate laws of the State of Maine.
2. DEFINITIONS
Unless the context clearly indicates otherwise, the following terms shall have the meanings set forth below:
“Estate” means the total property, real and personal, tangible and intangible, wherever situated, that I own at death.
“Personal Representative” means the individual(s) or corporate fiduciary appointed in Section 4.
“Qualified Beneficiary” means any person or entity entitled to receive property under this Will.
“Survival Period” means thirty (30) days after my death, unless a longer period is expressly stated.
“Minor” means a person who has not reached the age of majority under Maine law.
“Trustee” means the individual(s) or corporate fiduciary serving from time to time under Section 7.
[// GUIDANCE: Add or delete definitions to match customized provisions.]
3. REVOCATION OF PRIOR INSTRUMENTS
3.1 Revocation
I hereby revoke all prior wills and codicils made by me.
4. APPOINTMENT OF PERSONAL REPRESENTATIVE
4.1 Primary Appointment
I appoint [PRIMARY EXECUTOR NAME], currently residing at [ADDRESS], as Personal Representative of my Estate.
4.2 Successor Appointment
If the primary Personal Representative is unable or unwilling to serve, I appoint [SUCCESSOR EXECUTOR NAME] as successor Personal Representative.
4.3 Bond
No bond shall be required of any Personal Representative appointed herein, unless a court of competent jurisdiction orders otherwise.
5. SPECIFIC BEQUESTS
5.1 Tangible Personal Property
I direct my Personal Representative to distribute my tangible personal property in accordance with any written statement or list prepared by me pursuant to 18-C M.R.S. § 2-513, which is hereby incorporated by reference. If no such statement exists, or as to any item not disposed of therein, I give such property to [BENEFICIARY NAME].
5.2 Monetary or Other Gifts
I devise and bequeath the following:
(a) $[AMOUNT] to [BENEFICIARY 1];
(b) [DESCRIPTION OF ASSET] to [BENEFICIARY 2].
[// GUIDANCE: Use clear, unambiguous descriptions. Describe securities by CUSIP or certificate number where possible.]
6. DISPOSITIVE SCHEME OF RESIDUARY ESTATE
6.1 Gift of Residuary Estate
I give all the rest, residue, and remainder of my Estate, of every kind and wherever situated, including any property over which I have a power of appointment, to [PRIMARY RESIDUARY BENEFICIARY], if he or she survives me by the Survival Period.
6.2 Contingent Disposition
If [PRIMARY RESIDUARY BENEFICIARY] fails to survive me by the Survival Period, I give the residuary Estate to [CONTINGENT BENEFICIARY OR CLASS], per stirpes.
7. CONTINGENT TRUST FOR MINOR BENEFICIARIES (Optional)
7.1 Creation of Trust
If any Qualified Beneficiary entitled to receive property under this Will is a Minor, such property shall be held in trust (the “Minor Trust”) under this Section 7 until the Minor attains age [AGE, e.g., 25].
7.2 Trustee
I appoint [TRUSTEE NAME] as Trustee and [SUCCESSOR TRUSTEE] as successor Trustee.
7.3 Trustee Powers
The Trustee shall have all powers granted under 18-C M.R.S. § 7-401 et seq., and any additional powers set forth in Section 10.
7.4 Distributions
The Trustee may make discretionary distributions for the Minor’s health, education, maintenance, and support (“HEMS Standard”). Upon termination, the remaining trust corpus shall be distributed outright to the then-living beneficiary.
8. NOMINATION OF GUARDIAN / CONSERVATOR (Optional)
I nominate [GUARDIAN NAME] as guardian of the person and conservator of the property of any Minor child of mine who is under the age of majority at my death. If [GUARDIAN NAME] is unable or unwilling to serve, I nominate [ALTERNATE GUARDIAN].
9. PAYMENT OF DEBTS, EXPENSES, AND TAXES
9.1 Directions
I direct my Personal Representative to pay all enforceable debts, funeral expenses, and administration expenses of my Estate as soon as practicable.
9.2 Taxes
All estate, inheritance, and other death taxes payable by reason of my death (including generation-skipping transfer taxes) shall be paid from my residuary Estate without apportionment, unless otherwise required by law.
10. FIDUCIARY POWERS
10.1 Statutory Powers Incorporated
My Personal Representative and any Trustee shall have all powers authorized under 18-C M.R.S. § 7-401 and applicable common law, as supplemented below.
10.2 Additional Powers
(a) To invest and reinvest in any kind of property;
(b) To sell, lease, exchange, or mortgage Estate assets without court approval;
(c) To allocate receipts and expenses between income and principal;
(d) To employ and compensate professionals; and
(e) To make tax elections and settlements deemed advisable.
11. EXECUTOR INDEMNIFICATION & LIABILITY CAP
11.1 Indemnification
My Estate shall indemnify and hold harmless the Personal Representative from and against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees) arising out of the proper administration of the Estate, except for losses resulting from the Personal Representative’s willful misconduct or gross negligence.
11.2 Liability Limited to Estate Assets
Any liability of the Personal Representative shall be satisfied solely out of the assets of my Estate; no personal liability shall attach.
[// GUIDANCE: Section 11 aligns with metadata instructions “executor_indemnity” and “estate_assets.”]
12. GOVERNING LAW; FORUM; CONTEST REMEDIES
12.1 Governing Law
This Will shall be governed by the laws of the State of Maine.
12.2 Forum Selection
Any proceeding regarding the probate or construction of this Will shall be brought exclusively in the appropriate Maine Probate Court.
12.3 Injunctive Relief & Contest Remedy
In the event of any will contest, any interested person may seek injunctive or declaratory relief in the Probate Court to enforce this Will.
13. NO-CONTEST (In Terrorem) CLAUSE
If any beneficiary under this Will, directly or indirectly, contests or initiates legal proceedings to void, nullify, or set aside this Will (except for good-faith reformation to correct a scrivener’s error), any share or interest in my Estate that such beneficiary would otherwise receive shall lapse and pass as if that beneficiary had predeceased me.
14. MISCELLANEOUS PROVISIONS
14.1 Severability
If any provision of this Will is determined unenforceable, the remaining provisions shall remain in full force.
14.2 Headings
Headings are for convenience only and do not affect substantive interpretation.
14.3 Integration
This instrument constitutes my entire Will.
15. EXECUTION & ATTESTATION
I, [TESTATOR FULL LEGAL NAME], the testator, sign my name to this instrument on the date set forth below and, in the presence of the undersigned witnesses, declare this to be my Last Will and Testament.
| Testator Signature | Date |
|---|---|
| ________ | _ / _ / ______ |
ATTESTATION CLAUSE
We, the undersigned witnesses, affirm that on the date written above, [TESTATOR FULL LEGAL NAME], who is personally known to us (or satisfactorily identified), signed and declared this instrument to be his/her Last Will and Testament in our presence, and that we, in the presence and at the request of the Testator and of each other, have hereunto subscribed our names as witnesses.
| Witness #1 Signature | Address | Date |
|---|---|---|
| ________ | _____ | _ / _ / ______ |
| Witness #2 Signature | Address | Date |
|---|---|---|
| ________ | _____ | _ / _ / ______ |
[// GUIDANCE: To comply with 18-C M.R.S. § 2-502, two disinterested witnesses must sign within a reasonable time after witnessing the Testator’s signature or acknowledgment.]
16. SELF-PROVING AFFIDAVIT (Maine)
State of Maine
County of ______
Before me, the undersigned authority, on this day personally appeared [TESTATOR FULL LEGAL NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], who, being duly sworn, acknowledged to me that:
- The Testator signed the foregoing instrument as his/her Last Will and Testament;
- Each Witness, in the presence and at the request of the Testator, signed the Will as a Witness;
- The Testator was at least eighteen (18) years of age, of sound mind, and under no constraint or undue influence; and
- Each Witness was at least eighteen (18) years of age and otherwise competent.
Subscribed, sworn to, and acknowledged before me by the Testator and Witnesses on this _ day of _, 20___.
| Notary Public Signature | My Commission Expires |
|---|---|
| ______ | ______ |
[Official Notarial Seal]
[// GUIDANCE: The self-proving affidavit is authorized under 18-C M.R.S. § 2-503 and eliminates the need for witness testimony during probate.]
This Will is drafted in reliance on, and intended to comply with, the execution requirements set forth in 18-C M.R.S. § 2-502 (execution; witnessed wills).