LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

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

[// GUIDANCE: This Simple Will template is intended for Missouri domiciliaries and complies with Mo. Rev. Stat. § 474.320 regarding execution formalities. Customize all bracketed fields and review for client-specific tax, fiduciary, and family considerations before signing.]

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.

[// GUIDANCE: Add or delete defined terms as appropriate for the client’s circumstances.]

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 – My Personal Representative shall administer my Estate independently, without court supervision, and without bond.
4. Indemnity & Liability Cap – The Personal Representative shall be indemnified from, and liable only to the extent of, Estate assets for all liabilities arising from good-faith administration.

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 – The Personal Representative and any Trustee shall have all powers granted under the Missouri Uniform Fiduciaries Law and any similar successor statutes.
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.
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.
2. 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 and enforced in accordance with the laws of the State of Missouri. Exclusive jurisdiction and venue for all matters relating to the probate of this Will shall lie in the Probate Division of the Circuit Court for the county in which I am domiciled at death.

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. Counterparts & Electronic Copies – An executed copy or counterpart shall be as effective as the original; however, only the original executed instrument may be admitted to probate.

ARTICLE XV

EXECUTION & ATTESTATION

I, the undersigned Testator, being of sound mind and over the age of eighteen (18) years, declare this instrument to be my Last Will and Testament. I sign it willingly in the presence of the undersigned competent witnesses, who subscribe their names hereto at my request and in my presence.

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)

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: ____

[// GUIDANCE:
1. Execution Requirements – Must be signed by Testator and two competent witnesses in the presence of each other (Mo. Rev. Stat. § 474.320).
2. Self-Proving – The above affidavit may be attached or integrated; notarization must occur concurrently with witnessing.
3. Storage – Advise client to store the original in a secure location and inform the Personal Representative of its whereabouts.
4. Updates – Reassess after major life events (marriage, divorce, birth, significant asset changes).]

End of Document