Simple Will - Missouri

LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

Effective as of [EFFECTIVE DATE]
State of Missouri, County of [COUNTY]

TABLE OF CONTENTS

1. Article I – Definitions
2. Article II – Revocation of Prior Instruments
3. Article III – Family Information
4. Article IV – Appointment of Personal Representative
5. Article V – Specific Bequests
6. Article VI – Tangible Personal Property Memorandum
7. Article VII – Residuary Estate
8. Article VIII – Guardianship of Minor Children
9. Article IX – Contingent Trust for Minors or Incapacitated Beneficiaries
10. Article X – Fiduciary Powers & Administration
11. Article XI – Taxes & Expenses
12. Article XII – No-Contest & Injunctive Relief
13. Article XIII – Governing Law; Forum Selection
14. Article XIV – Miscellaneous Provisions
15. Article XV – Execution & Attestation
16. Article XVI – Self-Proving Affidavit

ARTICLE I

DEFINITIONS

For ease of reference, the following terms have the meanings set forth below and apply throughout this Will (the “Will”):

1. “Administrator” – A court-appointed fiduciary if no Personal Representative serves.
2. “Children” / “Issue” – All biological and legally adopted descendants of mine, in any generation, per stirpes.
3. “Estate” – All probate assets passing under this Will.
4. “Personal Representative” – The fiduciary (commonly “Executor”) appointed in Article IV, including any successor.
5. “Qualified Trustee” – A person or institution eligible to serve under Missouri law.
6. “Residue” / “Residuary Estate” – The balance of my Estate after paying debts, expenses, taxes, and all prior gifts under this Will.
7. “Spouse” – [SPOUSE FULL LEGAL NAME], if married to me on my date of death.

ARTICLE II

REVOCATION OF PRIOR INSTRUMENTS

I hereby revoke all prior wills and codicils made by me.

ARTICLE III

FAMILY INFORMATION

I am [marital status: married to Spouse / single / widowed / divorced].
I have the following children: [LIST CHILDREN, birth dates].
[If none, insert “I have no living children.”]

ARTICLE IV

APPOINTMENT OF PERSONAL REPRESENTATIVE

1. Primary Appointment – I nominate and appoint [PRIMARY PERSONAL REPRESENTATIVE NAME] as Personal Representative of my Estate.
2. Successor Appointment – If the primary nominee is unable or unwilling to serve, I nominate [SUCCESSOR PERSONAL REPRESENTATIVE NAME].
3. Independent Administration – Pursuant to Mo. Rev. Stat. § 473.780, this Will directs and authorizes that my Estate be administered independently, without adjudication, order, or direction of the Probate Division of the Circuit Court, except as otherwise required by law.
4. Bond Waived – No bond or other security shall be required of my Personal Representative, pursuant to Mo. Rev. Stat. § 473.157.
5. Expenses and Liability – The Personal Representative may pay proper administration expenses from Estate assets. This Will creates no blanket indemnity and no estate-assets cap on liability for a fiduciary breach; liability remains governed by applicable law.

ARTICLE V

SPECIFIC BEQUESTS

I give the following property, free and clear of any secured debts thereon, if owned by me at death:

Any specific bequest that fails shall pass to the Residuary Estate.

ARTICLE VI

TANGIBLE PERSONAL PROPERTY MEMORANDUM

I may leave a signed, dated writing separate from this Will disposing of items of tangible personal property. Such memorandum shall be given effect as though fully set forth herein.

ARTICLE VII

RESIDUARY ESTATE

I give all the rest, residue, and remainder of my Estate to [PRIMARY RESIDUARY BENEFICIARY].

1. Contingent Beneficiaries – If the primary beneficiary predeceases me, the Residuary Estate shall pass to [CONTINGENT BENEFICIARIES, share percentages].
2. Shares to beneficiaries under [age] years shall be held under Article IX.

ARTICLE VIII

GUARDIANSHIP OF MINOR CHILDREN

If, at my death, any of my Children are minors, I nominate [PRIMARY GUARDIAN NAME] as guardian of the person and estate of such minors, and [SUCCESSOR GUARDIAN NAME] as successor.

ARTICLE IX

CONTINGENT TRUST FOR MINORS OR INCAPACITATED BENEFICIARIES

1. Creation & Funding – Any share otherwise distributable to a beneficiary who (a) has not yet reached [AGE 25], or (b) is then incapacitated, shall be held in trust (the “Minor Trust”) by the Personal Representative as Trustee.
2. Distributions – The Trustee may distribute for health, education, maintenance, and support (“HEMS”) in the Trustee’s discretion.
3. Termination – Each beneficiary’s trust share shall terminate and vest absolutely upon the earlier of (i) the beneficiary’s attainment of [AGE], or (ii) the beneficiary’s prior death, in which case the share shall pass to the beneficiary’s Issue, per stirpes, or if none, to the Residuary beneficiaries, per capita.
4. Spendthrift – All trust interests are held subject to a spendthrift restriction to the maximum extent allowed by law.

ARTICLE X

FIDUCIARY POWERS & ADMINISTRATION

1. Statutory Powers Incorporated – My Personal Representative shall have all powers granted to an independent personal representative under Mo. Rev. Stat. §§ 473.780 and 473.810, and any Trustee acting hereunder shall have the powers of a trustee under Mo. Rev. Stat. §§ 456.8-815 and 456.8-816. Mo. Rev. Stat. § 456.10-1001 supplies remedies for breach of trust; it is not a source of fiduciary administrative powers.

2. Specific Powers – Without limiting the foregoing, each fiduciary may:
   a. Sell, lease, or mortgage Estate assets at public or private sale;
   b. Settle or compromise claims for or against the Estate;
   c. Make tax elections, including portability elections;
   d. Employ and compensate professionals;
   e. Allocate receipts and disbursements between income and principal;
   f. Access, manage, and control digital assets and accounts to the extent permitted under the Missouri Fiduciary Access to Digital Assets Act, Mo. Rev. Stat. §§ 472.400-472.490.

3. No Bond – No fiduciary shall be required to post bond or security.

4. Compensation & Reimbursement – Fiduciaries are entitled to reasonable compensation and reimbursement of expenses incurred in good faith.

ARTICLE XI

TAXES & EXPENSES

1. Payment Source – All funeral expenses, administration costs, enforceable debts, and taxes occasioned by my death shall be paid first from the Residuary Estate.
2. Apportionment – Estate, inheritance, and similar transfer taxes shall be apportioned against the recipients of the taxable property in accordance with applicable law unless my Personal Representative elects otherwise to reduce overall tax burden.

ARTICLE XII

NO-CONTEST AND INJUNCTIVE RELIEF

1. In Terrorem Clause – If any beneficiary (directly or indirectly) contests this Will, seeks to impair or invalidate any of its provisions, or opposes the appointment of the named Personal Representative, that beneficiary’s interest shall lapse and pass as if such person had predeceased me. Missouri is among the states that enforce clear and unambiguous no-contest (in terrorem) clauses according to their terms and does not recognize a good-faith or probable-cause exception to forfeiture. See Rossi v. Davis, 133 S.W.2d 363 (Mo. 1939); Knopik v. Shelby Invs., LLC, 597 S.W.3d 189 (Mo. banc 2020); Mo. Rev. Stat. § 474.395.
2. Advance Determination Safe Harbor – Before initiating any motion, petition, or other claim for relief, an interested person may petition the Probate Division of the Circuit Court under Mo. Rev. Stat. § 474.395 (adjudicated in the manner prescribed by Mo. Rev. Stat. § 456.4-420) for an interlocutory determination of whether the proposed claim would trigger forfeiture under this Article.
3. Injunctive Relief – The Personal Representative may seek injunctive or declaratory relief in the Probate Division of the Circuit Court to enforce this Article.

ARTICLE XIII

GOVERNING LAW; FORUM SELECTION

This Will shall be construed under Missouri law. Proceedings shall be brought in the court having jurisdiction and venue under applicable Missouri law; this Will does not create an exclusive forum beyond those statutory rules.

ARTICLE XIV

MISCELLANEOUS PROVISIONS

1. Severability – If any provision of this Will is determined unenforceable, the remaining provisions shall remain in full force.
2. Captions – Headings are for convenience only and do not affect interpretation.
3. Execution Method – The execution block below is configured for a traditional written will under Mo. Rev. Stat. § 474.320. Missouri also recognizes qualifying electronic wills under Mo. Rev. Stat. §§ 474.540-474.564. If electronic or remote execution is intended, Missouri counsel must substitute the statutory electronic-will workflow.

ARTICLE XV

EXECUTION & ATTESTATION

I, the undersigned Testator, being of sound mind and over the age of eighteen (18) years (Mo. Rev. Stat. § 474.310), declare this instrument to be my Last Will and Testament. This Will is in writing and signed by me, and is attested by two or more competent witnesses subscribing their names hereto in my presence, in accordance with Mo. Rev. Stat. § 474.320. Missouri does not recognize an unwitnessed handwritten (holographic) will; this Will must satisfy the same execution formalities regardless of whether it is handwritten or typed.

Signed: _______________________________
[TESTATOR FULL LEGAL NAME]
Date: ___ day of __________, 20__

Witness Attestation

We, the undersigned witnesses, declare that the Testator executed this Will in our presence, expressed that it was the Testator’s Last Will and Testament, and signed or acknowledged the same in our presence. We now, at the Testator’s request, in the Testator’s presence and in the presence of each other, subscribe our names as witnesses.

ARTICLE XVI

SELF-PROVING AFFIDAVIT

(Optional but strongly recommended for Missouri probate efficiency; form follows Mo. Rev. Stat. § 474.337)

STATE OF MISSOURI )
: ss. )
COUNTY OF _________)

We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the foregoing instrument as the Testator’s Last Will and Testament, that the Testator signed willingly (or willingly directed another to sign for the Testator) and that the Testator executed it as a free and voluntary act for the purposes therein expressed; and that each of us, in the presence and hearing of the Testator, hereby signs this affidavit as witness to the Testator’s signing, and that to the best of our knowledge the Testator is eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], the Testator; and subscribed and sworn to before me by [WITNESS 1 NAME] and [WITNESS 2 NAME], witnesses, this ___ day of __________, 20__.

__________________________________
Notary Public for the State of Missouri
My Commission Expires: __________

End of Document