Simple Will - Pennsylvania

LAST WILL AND TESTAMENT

of
[FULL LEGAL NAME OF TESTATOR]

(Prepared for use under Pennsylvania law – 20 Pa. Cons. Stat. Ann. §§ 2501–2507, 2519, 2521, 3132.1, 3311–3332, 8501–8505)

TABLE OF CONTENTS

1. Article 1 – Declaration, Revocation, and Family Information
2. Article 2 – Definitions
3. Article 3 – Payment of Debts, Expenses, and Taxes
4. Article 4 – Specific Bequests
5. Article 5 – Residuary Estate
6. Article 6 – Appointment of Fiduciaries
7. Article 7 – Fiduciary Powers and Administrative Provisions
8. Article 8 – Tax Allocation and Apportionment
9. Article 9 – No-Contest (In Terrorem) Clause
10. Article 10 – Miscellaneous Provisions
11. Article 11 – Execution and Attestation
12. Self-Proving Affidavit (20 Pa. C.S. § 3132.1)

ARTICLE 1

DECLARATION, REVOCATION, AND FAMILY INFORMATION

1.1 Declaration. I, [FULL LEGAL NAME], presently residing at [ADDRESS, COUNTY, COMMONWEALTH OF PENNSYLVANIA], being of sound mind and over the age of 18 years, do hereby make, publish, and declare this instrument to be my Last Will and Testament (“Will”), and I hereby revoke all prior wills and codicils.

1.2 Marital Status. I am [married to [SPOUSE NAME] / unmarried].
1.3 Children. I have the following children: [CHILD NAME(S)].
1.4 Future Children. Any reference to my “children” includes all children hereafter born to or legally adopted by me.

ARTICLE 2

DEFINITIONS

For purposes of this Will, the following terms shall have the meanings set forth below:

“Executor” – The person(s) nominated in Article 6 to administer my estate, including any successor or substitute executor.
“Guardian” – The individual(s) nominated in Article 6 to act as guardian of the person of any minor child.
“Per Stirpes” – Distribution equally among the branches of descendants, with the share of any deceased descendant passing to his or her own descendants by right of representation.
“Residuary Estate” – All property subject to this Will that is not otherwise effectively disposed of under Articles 3 or 4.
“Survival Period” – A period of [30/60/90] days by which a beneficiary must survive me to take under this Will.

ARTICLE 3

PAYMENT OF DEBTS, EXPENSES, AND TAXES

3.1 I direct my Executor, after my death, to pay from my estate all enforceable debts, funeral and burial expenses, administration expenses, and all estate, inheritance, and similar taxes assessed by reason of my death, together with any interest and penalties thereon, except as otherwise provided in Article 8.

ARTICLE 4

SPECIFIC BEQUESTS

4.1 Tangible Personal Property. I give all items of my tangible personal property in accordance with any written memorandum that I may leave signed and dated by me, whether the memorandum is executed before, concurrently with, or after this Will.

4.2 Cash and Other Specific Gifts. I give the following specific bequests:

a. [AMOUNT OR DESCRIPTION] to [BENEFICIARY NAME];
b. [AMOUNT OR DESCRIPTION] to [BENEFICIARY NAME].

Any specific bequest that lapses shall pass to the Residuary Estate unless otherwise expressly provided.

ARTICLE 5

RESIDUARY ESTATE

5.1 All the rest, residue, and remainder of my estate, both real and personal, wherever situated and of whatever nature, including any property over which I may have a power of appointment (collectively, the “Residuary Estate”), I give, devise, and bequeath as follows:

a. If my spouse, [SPOUSE NAME], survives me by the Survival Period, then to my spouse.
b. If my spouse does not so survive me, then to my children who survive me by the Survival Period, per stirpes.
c. If neither my spouse nor any descendant survives me, then to [CONTINGENT BENEFICIARY], per stirpes.

ARTICLE 6

APPOINTMENT OF FIDUCIARIES

6.1 Executor. I nominate [PRIMARY EXECUTOR NAME] as Executor. If he or she is unable or unwilling to serve, I nominate [ALTERNATE EXECUTOR NAME].

6.2 Guardian of Minor Children. If at my death any of my children are minors, I nominate [PRIMARY GUARDIAN NAME] as Guardian of their persons and estates, pursuant to 20 Pa. Cons. Stat. Ann. § 2519 (relating to power of testamentary appointment of guardian). If he or she is unable or unwilling to serve, I nominate [ALTERNATE GUARDIAN NAME].

6.3 Trustee (if applicable). Should any portion of my estate be required to be held in trust for any beneficiary, the individual named as Executor shall serve as Trustee. If the Executor cannot so serve, the individual named as Alternate Executor shall serve as Trustee.

6.4 Fiduciary Bond. No fiduciary nominated herein shall be required to furnish bond or other security.

6.5 Fiduciary Liability. This Will creates no blanket indemnity or limitation of a fiduciary's liability to Estate assets. Each fiduciary remains subject to the duties, remedies, and liability rules imposed by Pennsylvania law.

ARTICLE 7

FIDUCIARY POWERS AND ADMINISTRATIVE PROVISIONS

7.1 In addition to powers granted by law (including the powers, duties, and liabilities of personal representatives under 20 Pa. Cons. Stat. Ann. §§ 3311–3332, and the powers regarding sales, pledges, mortgages, leases, options, and exchanges under 20 Pa. Cons. Stat. Ann. §§ 3351–3360), my fiduciaries shall have the following powers, exercisable in their discretion and without court approval:

a. To retain, sell, exchange, lease, or mortgage any estate asset;
b. To invest in any kind of property, real or personal, including mutual funds and common-trust funds;
c. To settle, compromise, or contest claims for or against the estate;
d. To employ and compensate attorneys, accountants, and other professionals;
e. To make distributions in cash or in kind, pro rata or non-pro rata;
f. To continue any business in which I may have an interest;
g. To divide or allocate assets among beneficiaries without the necessity of appraisal;
h. To exercise any elections available under tax laws; and
i. To perform any other act a prudent person would deem advisable for the proper administration of the estate.

ARTICLE 8

TAX ALLOCATION AND APPORTIONMENT

Unless a governing instrument provides otherwise, all estate, inheritance, and similar taxes (together with interest and penalties) occasioned by my death shall be paid from the Residuary Estate without apportionment, except that taxes attributable to property over which I possess a power of appointment or for which a beneficiary designation exists (and which is not part of my probate estate) shall be charged to that property or the recipient thereof, to the maximum extent permitted by law.

ARTICLE 9

NO-CONTEST (IN TERROREM) CLAUSE

If any beneficiary (i) contests this Will or any of its provisions, (ii) seeks to set aside any part of this Will, or (iii) participates in or encourages any such contest, such beneficiary and his or her descendants shall forfeit and be deemed to have predeceased me for all purposes of this Will, and any interest herein shall lapse and pass as part of the Residuary Estate; provided, however, that, in accordance with 20 Pa. Cons. Stat. Ann. § 2521 (relating to penalty clause for contest), this forfeiture provision shall not apply to, and shall not be enforced against, any beneficiary who institutes or participates in such a proceeding if probable cause existed for instituting the proceeding.

ARTICLE 10

MISCELLANEOUS PROVISIONS

10.1 Simultaneous Death. If any beneficiary and I die under circumstances rendering it difficult to determine the order of death, such beneficiary shall be deemed not to have survived me, notwithstanding the general rule of the Pennsylvania Simultaneous Death Act, 20 Pa. Cons. Stat. Ann. §§ 8501–8505 (providing that, absent sufficient evidence of the order of death, the property of each person is disposed of as if that person had survived, except as a decedent's governing instrument otherwise provides under 20 Pa. Cons. Stat. Ann. § 8505).

10.2 Digital Assets. I authorize my Executor to access, manage, and dispose of my digital assets and electronic communications to the fullest extent permitted under the Revised Uniform Fiduciary Access to Digital Assets Act (20 Pa. Cons. Stat. Ann. § 3901 et seq.) or any successor statute.

10.3 Spendthrift. No interest under this Will shall be subject to assignment, alienation, or attachment by any beneficiary’s creditors before actual receipt.

10.4 Governing Law. This Will shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

ARTICLE 11

EXECUTION AND ATTESTATION

Executed this ___ day of ____________, 20__, at ________________________, Pennsylvania.

__________________________________
[TESTATOR NAME], Testator

We, the undersigned witnesses, do hereby declare that on the date above written, the Testator signed and executed this Will (or expressly acknowledged his/her signature already made) in our presence, and that the Testator appeared to us to be of sound mind and over 18 years of age. We, at the Testator’s request and in the Testator’s presence and in the presence of each other, subscribe our names as witnesses.

SELF-PROVING AFFIDAVIT

(Pursuant to 20 Pa. C.S. § 3132.1)

COMMONWEALTH OF PENNSYLVANIA
COUNTY OF __________________

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], who, being duly sworn, did depose and say as follows:

1. That the Testator signed the foregoing Last Will and Testament, or expressly acknowledged his/her signature on the Will, in the presence of the witnesses.
2. That each witness signed the Will in the presence of the Testator and in the presence of each other.
3. That the Testator and each witness were at least 18 years of age and of sound mind at the time of execution.
4. That the Testator executed the Will voluntarily and was not acting under duress, menace, fraud, or undue influence.

Subscribed and sworn before me on this ___ day of ____________, 20__.

__________________________________
Notary Public
My commission expires: ___________

END OF DOCUMENT