LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block (with Self-Proving Affidavit)

I. DOCUMENT HEADER

1. Effective Date. This Last Will and Testament (“Will”) is executed on [DATE] (“Effective Date”).
2. Testator. I, [TESTATOR FULL LEGAL NAME], a resident of [COUNTY] County, Mississippi, declare this to be my Will and revoke all prior wills and codicils.
3. Governing Law. This Will is governed by and shall be construed under the laws of the State of Mississippi, including Miss. Code Ann. § 91-5-1 et seq. (the “State Probate Law”).

[// GUIDANCE: Mississippi requires the will to be in writing, signed by the testator, and attested by TWO credible witnesses in the presence of the testator. See Miss. Code Ann. § 91-5-1.]

II. DEFINITIONS

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

1. “Administrator” means any court-appointed personal representative if no nominated Executor qualifies.
2. “Beneficiary” means any person or entity receiving a distribution under this Will.
3. “Estate” means all probate assets owned by me at death, wherever situated.
4. “Executor” means the personal representative nominated under Section III.2.
5. “Issue” means lineal descendants by blood or legal adoption, per stirpes.
6. “Residue” means the remainder of my Estate after payment of debts, expenses, taxes, and all specific gifts.
7. “Tangible Personal Property” means furniture, jewelry, vehicles, artworks, and other moveable personal effects.
8. “Trustee” means the fiduciary of any testamentary trust created herein.

III. OPERATIVE PROVISIONS

1. Payment of Debts & Expenses.
   a. I direct my Executor to pay or settle, from my Estate, all enforceable debts, expenses of last illness and burial, and estate administration costs, including taxes, except as otherwise provided by law.
   b. No Beneficiary shall be personally liable for such debts beyond the assets so received.

2. Nomination of Executor.
   a. Primary Executor: [PRIMARY EXECUTOR NAME] of [CITY, STATE].
   b. Alternate Executor: [ALTERNATE EXECUTOR NAME] of [CITY, STATE], to serve if the Primary is unwilling or unable.
   c. Bond. No bond shall be required of any Executor unless the court deems one necessary.
   d. Powers. Each qualified Executor shall have all powers granted under Miss. Code Ann. § 91-13-1 et seq. and any additional powers under common law necessary to administer my Estate.

3. Specific Bequests.
   a. Tangible Personal Property. I give my Tangible Personal Property to [BENEFICIARY NAME].
   b. Monetary Gifts. I give $[AMOUNT] to [BENEFICIARY NAME].
   c. Lapse. If a specific Beneficiary predeceases me, that gift shall lapse into the Residue unless expressly stated otherwise.

4. Residue. I give my Residue to [PRIMARY RESIDUARY BENEFICIARY]. If such person does not survive me, then to [CONTINGENT RESIDUARY BENEFICIARY].

5. Guardianship for Minor Children.
   a. Guardian. I nominate [GUARDIAN NAME] as guardian of the person and property of any minor child of mine.
   b. Alternate Guardian. [ALTERNATE GUARDIAN NAME].

6. Testamentary Trust for Minors.
   a. Creation. Any property passing to a Beneficiary under age twenty-one (21) shall be held in trust.
   b. Trustee. The Executor shall serve as initial Trustee, with [SUCCESSOR TRUSTEE] as successor.
   c. Termination. The trust shall terminate when the Beneficiary reaches age [AGE, e.g., 21], at which time the remaining corpus and accrued income shall be distributed outright.
   d. Spendthrift. Trust assets shall not be subject to the Beneficiary’s creditors while in trust.

7. Digital Assets. I authorize my Executor to access, manage, and dispose of all digital accounts, assets, and content in accordance with 15 U.S.C. § 7001 et seq. and applicable state statutes.

IV. REPRESENTATIONS & WARRANTIES

1. Testamentary Capacity. I affirm that I am of sound mind, over the age of eighteen (18), and acting voluntarily.
2. Marital Status. I am presently [MARRIED / SINGLE / WIDOWED / DIVORCED]. My spouse is [SPOUSE NAME].
3. Complete Disposition. I believe I have disposed of all my probate property by this Will.

[// GUIDANCE: These representations bolster probate authentication and can deter later incapacity claims.]

V. COVENANTS & RESTRICTIONS

1. No-Contest Clause (In Terrorem). Any Beneficiary who, directly or indirectly, contests this Will or my Estate plan shall forfeit his or her interest, which shall pass as though that Beneficiary had predeceased me without issue.
2. Spendthrift Protection. Unless expressly provided, no Beneficiary shall assign, anticipate, or encumber any distribution prior to actual receipt.

VI. DEFAULT & REMEDIES

1. Contest or Breach. Violation of Section V.1 constitutes a default.
2. Remedies. In addition to forfeiture, the Executor or any interested party may petition the [COUNTY] County Chancery Court for injunctive relief and recovery of attorney fees from the contesting party’s forfeited share.

VII. RISK ALLOCATION

1. Executor Indemnity. Except for willful misconduct or gross negligence, each Executor and Trustee (collectively, “Fiduciary”) shall be indemnified out of the Estate against all claims, liabilities, and expenses arising from the performance of fiduciary duties.
2. Liability Cap. No Fiduciary shall be liable personally; any recovery shall be limited to Estate or trust assets under that Fiduciary’s control.
3. Force Majeure. A Fiduciary shall not be liable for delay or failure caused by events beyond reasonable control, including natural disasters or governmental action.

VIII. DISPUTE RESOLUTION

1. Exclusive Venue. All matters arising under or relating to this Will shall be heard exclusively in the Chancery Court of [COUNTY] County, Mississippi (the “State Probate Court”).
2. No Arbitration. Arbitration is not available for probate matters under Mississippi law.
3. Injunctive Relief. The State Probate Court retains authority to grant temporary or permanent injunctive relief to preserve Estate assets or enforce this Will.
4. Jury Waiver. Probate proceedings in Mississippi are conducted without a jury unless specially ordered; any right to jury trial is hereby waived to the fullest extent permitted.

IX. GENERAL PROVISIONS

1. Amendments. I may amend or revoke this Will only by a later-executed writing that satisfies Miss. Code Ann. § 91-5-1.
2. Severability. If any provision is held invalid, the remainder shall be enforced to the maximum lawful extent.
3. Headings. Headings are for convenience only and do not affect interpretation.
4. Integration. This document contains my entire testamentary intent except as may be set forth in any duly executed codicil.
5. Counterparts / Electronic Copies. This Will may be executed in multiple counterparts, each of which is an original. Photocopies or electronically stored images of this Will may be relied upon as though originals.

X. EXECUTION BLOCK

(Conforming to Miss. Code Ann. § 91-5-1)

A. Testator Signature

I, [TESTATOR FULL LEGAL NAME], the Testator, sign my name to this Will on the Effective Date stated above and, being first duly sworn, declare to the undersigned witnesses that I willingly sign and execute this instrument as my Last Will and Testament.

[TESTATOR SIGNATURE]
Testator

B. Witness Attestation

We, the undersigned witnesses, declare that (i) the Testator signed or acknowledged this Will in our presence, (ii) the Testator appears to be of sound mind and under no undue influence, and (iii) we now, at the Testator’s request and in the Testator’s presence and in the presence of each other, subscribe our names as witnesses.

[// GUIDANCE: Both witnesses must be “credible”; best practice is to use disinterested witnesses (non-beneficiaries).]

C. Self-Proving Affidavit

(Authorized by Miss. Code Ann. § 91-7-16)

State of Mississippi )
County of [COUNTY]) ss.

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], known to me or satisfactorily proven to be the persons whose names are subscribed to the foregoing instrument, and, being duly sworn, declared to me that:

1. The Testator executed the Will as the Testator’s free and voluntary act for the purposes expressed therein;
2. The Witnesses each signed the Will in the presence of the Testator and of each other;
3. Each Witness is at least eighteen (18) years of age, of sound mind, and not a Beneficiary or interested party; and
4. The Testator is eighteen (18) years of age or older, of sound mind, and under no undue influence.

IN WITNESS WHEREOF, I set my hand and official seal on this ___ day of [MONTH], [YEAR].

Notary Public, State of Mississippi
My Commission Expires: ______

(Seal)

[// GUIDANCE: Filing. The Executor should file the original Will with the Chancery Clerk of the county where the Testator was domiciled within a reasonable time after death to open probate proceedings.]