LAST WILL AND TESTAMENT
OF [FULL LEGAL NAME]
Effective Date: [DATE OF EXECUTION]
Domicile: [STREET ADDRESS, CITY, COUNTY, STATE OF NEW YORK, ZIP]
[// GUIDANCE: Replace all bracketed text with client-specific information. Remove guidance comments prior to final execution.]
TABLE OF CONTENTS
- Definitions
- Revocation of Prior Instruments
- Family Declaration
- Appointment of Executor and Alternate Executor
- Appointment of Guardian(s) of Minor Children (If Any)
- Tangible Personal Property Memorandum
- Specific Bequests
- Residuary Estate Disposition
- Executor Powers
- Executor Indemnification & Liability Limitation
- No-Contest (In Terrorem) Clause
- Administrative & Tax Provisions
- Governing Law; Probate Forum
- Miscellaneous
- Attestation Clause (Complying with N.Y. EPTL § 3-2.1)
- Self-Proving Affidavit (Optional but Recommended)
1. DEFINITIONS
For purposes of this Will, capitalized terms shall have the meanings set forth below:
“Child” or “Children” means my lineal descendants of the first generation, whether born to or adopted by me, and the issue of any deceased Child shall take per stirpes.
“Estate” means the totality of my probate property, real and personal, including any accretions, substitutions, and proceeds thereof.
“Executor” means the person or persons appointed in Section 4, together with any Successor Executor who may qualify.
“Residuary Estate” has the meaning assigned in Section 8.
“Tangible Personal Property Memorandum” means any separate, written statement disposing of household or personal effects, executed in conformity with Section 6.
Unless the context otherwise requires, the singular includes the plural and vice-versa, and the masculine, feminine, and neuter forms are interchangeable.
2. REVOCATION OF PRIOR INSTRUMENTS
I hereby revoke all prior Wills and Codicils made by me.
3. FAMILY DECLARATION
I am [MARITAL STATUS: e.g., married to [SPOUSE NAME] / unmarried].
I have the following Children:
1. [CHILD 1 NAME] – born [DOB]
2. [CHILD 2 NAME] – born [DOB]
[Add lines as needed]
No other children have been born to me or legally adopted by me, and I have not knowingly omitted to mention any children.
4. APPOINTMENT OF EXECUTOR AND ALTERNATE EXECUTOR
4.1 Primary Executor. I hereby nominate and appoint [PRIMARY EXECUTOR NAME] of [ADDRESS] as Executor of this Will.
4.2 Alternate Executor. If the Primary Executor shall predecease me, resign, refuse to serve, or cease to act, I nominate [ALTERNATE EXECUTOR NAME] of [ADDRESS] as Successor Executor.
4.3 Bond. No Executor (including any Successor Executor) shall be required to furnish any bond or other security for the faithful performance of fiduciary duties unless required by the Surrogate’s Court for cause shown.
5. APPOINTMENT OF GUARDIAN(S) OF MINOR CHILDREN
If, at my death, any of my Children are under the age of eighteen (18) years, I nominate [PRIMARY GUARDIAN NAME] of [ADDRESS] as Guardian of the Person and Property of such minor Children.
[// GUIDANCE: Insert Alternate Guardian provisions as needed.]
6. TANGIBLE PERSONAL PROPERTY MEMORANDUM
6.1 Incorporation by Reference. I may leave a written statement or list disposing of items of my tangible personal property not otherwise specifically bequeathed. Such memorandum, if signed and dated by me, shall be incorporated herein by reference.
6.2 Conflicts. In case of conflict between the memorandum and this Will, the provisions of this Will shall control.
7. SPECIFIC BEQUESTS
I give the following gifts, free and clear of all debts and expenses of administration:
(a) $[AMOUNT] to [BENEFICIARY NAME] of [ADDRESS];
(b) [DESCRIPTION OF SPECIFIC ITEM] to [BENEFICIARY NAME] of [ADDRESS];
[Add sub-sections as required.]
If any beneficiary named in this Section fails to survive me by thirty (30) days, the gift shall lapse and pass under Section 8 unless otherwise expressly provided.
8. RESIDUARY ESTATE DISPOSITION
I devise, bequeath, and give all the rest, residue, and remainder of my Estate, of every kind and wherever situated (“Residuary Estate”), to [RESIDUARY BENEFICIARY NAME] of [ADDRESS].
[// GUIDANCE: Insert contingent residuary dispositions as appropriate.]
9. EXECUTOR POWERS
In addition to, and without limiting, the authority conferred by law (including but not limited to N.Y. Est. Powers & Trusts Law § 11-1.1 (McKinney)), my Executor shall have full power to:
(a) sell, lease, or exchange real or personal property at public or private sale;
(b) invest or reinvest Estate assets in any property deemed prudent;
(c) settle, compromise, or litigate claims for or against the Estate;
(d) allocate receipts and disbursements between income and principal;
(e) employ and compensate accountants, attorneys, and other advisors; and
(f) perform all acts necessary or advisable for the proper administration of my Estate.
10. EXECUTOR INDEMNIFICATION & LIABILITY LIMITATION
10.1 Indemnity. The Estate shall indemnify, defend, and hold harmless the Executor from and against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees) arising out of the good-faith administration of the Estate, except to the extent resulting from the Executor’s gross negligence or willful misconduct (“Executor Indemnity”).
10.2 Liability Cap. The Executor’s personal liability shall be limited to the assets of the Estate (“Estate Assets”); no personal or after-distributed liability shall attach, absent gross negligence or willful misconduct.
11. NO-CONTEST (IN TERROREM) CLAUSE
If any beneficiary (individually or in concert with others) directly or indirectly contests this Will or any of its provisions, or seeks to impair or invalidate any of its dispositions, any share or interest in my Estate that would otherwise pass to such beneficiary shall lapse and shall be disposed of as though such beneficiary had predeceased me without descendants.
[// GUIDANCE: Under current N.Y. law, an in terrorem clause is generally enforceable, but certain “safe-harbor” exceptions apply. See EPTL § 3-3.5.]
12. ADMINISTRATIVE & TAX PROVISIONS
12.1 Taxes and Expenses. All estate, inheritance, and similar taxes payable by reason of my death (excluding any generation-skipping transfer tax attributable to property passing outside this Will) and all expenses of my last illness, funeral, and administration shall be paid from the Residuary Estate without apportionment, unless expressly directed otherwise.
12.2 Apportionment of Income. Unless otherwise required by applicable law or court order, income accrued during administration shall be allocated in accordance with EPTL Article 11.
13. GOVERNING LAW; PROBATE FORUM
13.1 Governing Law. This Will shall be construed, regulated, and administered in accordance with the laws of the State of New York (“State Probate Law”).
13.2 Probate Forum. Venue for probate and all related proceedings shall lie exclusively in the Surrogate’s Court of [COUNTY], State of New York (“State Probate Court”).
13.3 Arbitration. Arbitration of probate matters is not available or intended.
13.4 Jury Waiver. Proceedings in Surrogate’s Court are triable without a jury unless otherwise provided by statute.
14. MISCELLANEOUS
14.1 Severability. If any provision of this Will is determined to be invalid or unenforceable, such determination shall not affect the remaining provisions.
14.2 Headings. Section headings are for convenience only and shall not affect interpretation.
14.3 Counterparts; Electronic Signatures. This Will may be executed in counterparts, each of which shall be deemed an original. Signatures executed by electronic means are not permitted for will execution under current New York law.
15. ATTESTATION CLAUSE
(Complying with N.Y. EPTL § 3-2.1)
On the date written below, [FULL LEGAL NAME], residing at the address hereinabove stated, declared this instrument to be his/her Last Will and Testament, and requested us, the undersigned, to act as attesting witnesses thereto. We, in the presence of the Testator and of each other, and at the Testator’s request, have hereunto subscribed our names as witnesses.
Executed at [CITY], New York, on [DATE].
[FULL LEGAL NAME], Testator
WITNESSES
-
Name: [WITNESS 1 NAME]
Address: [WITNESS 1 ADDRESS]
Date: [DATE] -
Name: [WITNESS 2 NAME]
Address: [WITNESS 2 ADDRESS]
Date: [DATE]
[// GUIDANCE: Each witness must sign within thirty (30) days of the other and in the Testator’s presence, or as otherwise permitted under EPTL § 3-2.1. Initial testator signature must precede witness signatures or be acknowledged in their presence.]
16. SELF-PROVING AFFIDAVIT
(Recommended to streamline probate; attach after witness signatures)
STATE OF NEW YORK )
) ss.:
COUNTY OF [COUNTY] )
We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being duly sworn, do hereby declare to the undersigned authority that the Testator executed the foregoing instrument as the Testator’s Will; that the Testator signed (or acknowledged signing) the Will in our presence; that we, in the Testator’s presence and at the Testator’s request, signed the Will as witnesses; that at the time of such execution the Testator was over eighteen (18) years of age, of sound mind and memory, and not under any constraint or undue influence; and that each witness is over the age of eighteen (18) years.
[TESTATOR NAME]
[WITNESS 1 NAME]
[WITNESS 2 NAME]
Subscribed, sworn to, and acknowledged before me on this ___ day of _, 20.
Notary Public, State of New York
Commission No.: _
My Commission Expires: _
[// GUIDANCE: Filing a self-proving affidavit is optional but strongly advised. It must be executed before a notary public contemporaneously with or after the Will signing.]
[// GUIDANCE:
1. Confirm that execution formalities strictly follow EPTL § 3-2.1 (McKinney).
2. Review fiduciary powers against EPTL § 11-1.1 to ensure alignment with client objectives.
3. Discuss tax apportionment with client’s tax advisor for potential estate-planning efficiencies.
4. Remove bracketed placeholders and guidance comments prior to client signature.
5. Retain executed originals in a secure, fire-proof location and advise executor of its whereabouts.]