SIMPLE WILL TEMPLATE
Last Will and Testament of [TESTATOR FULL LEGAL NAME]
(State of Rhode Island)
[// GUIDANCE: This template is tailored to Rhode Island law. Confirm all bracketed information, delete guidance comments before execution, and have the client and witnesses initial each page.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Risk Allocation
- Dispute Resolution & Governing Law
- General Provisions
- Execution Block (with Attestation & Self-Proving Affidavit)
1. DOCUMENT HEADER
1.1 Testator Identification
I, [TESTATOR FULL LEGAL NAME], presently residing at [PRIMARY RESIDENCE ADDRESS] in the State of Rhode Island, being of sound mind and disposing memory, do hereby declare this instrument to be my Last Will and Testament (this “Will”), and I hereby revoke all prior wills and codicils.
1.2 Effective Date & Jurisdiction
This Will is executed on [DATE] (the “Execution Date”) in accordance with the probate laws of the State of Rhode Island (the “Governing Law”). Venue for any probate proceeding shall lie exclusively in the probate court of the Rhode Island city or town in which I am domiciled at the time of my death (the “Forum Court”).
2. DEFINITIONS
For ease of reference, the following capitalized terms shall have the meanings set forth below:
“Administration Expenses” – All funeral costs, debts, expenses of last illness, taxes, and costs of administering my Estate.
“Estate” – All property, real or personal, tangible or intangible, wherever situated, that I own at death.
“Executor” – The Personal Representative appointed under Section 3.1, together with any duly appointed Successor Executor.
“Forum Court” – As defined in Section 1.2.
“Governing Law” – As defined in Section 1.2.
“Residue” – The portion of my Estate remaining after payment of Administration Expenses and satisfaction of all specific gifts and bequests herein.
3. OPERATIVE PROVISIONS
3.1 Appointment of Executor
a. I nominate [PRIMARY EXECUTOR NAME], presently residing at [ADDRESS], as Executor of this Will.
b. If the Primary Executor is unable or unwilling to serve, I nominate [ALTERNATE EXECUTOR NAME] as Successor Executor.
c. No Executor shall be required to furnish bond or security except as otherwise mandated by the Forum Court.
3.2 Payment of Administration Expenses
My Executor shall pay all Administration Expenses from my Estate as soon as practicable, without the necessity of court order unless required by Governing Law.
3.3 Specific Bequests
I give the following gifts, free of all encumbrances and without reduction for any tax:
a. [DESCRIPTION OF SPECIFIC GIFT 1] to [BENEFICIARY NAME & RELATION].
b. [DESCRIPTION OF SPECIFIC GIFT 2] to [BENEFICIARY NAME & RELATION].
[// GUIDANCE: Delete unused lines or add additional sub-paragraphs as needed.]
3.4 Residuary Clause
I devise and bequeath all the Rest, Residue, and Remainder of my Estate, of whatsoever kind and wheresoever situate, to [RESIDUARY BENEFICIARY NAME(S)] in [equal shares / stated percentages].
3.5 Contingent Beneficiaries
If any beneficiary named herein predeceases me, that beneficiary’s share shall pass to [CONTINGENT BENEFICIARY], per stirpes, unless otherwise expressly provided.
3.6 Guardianship of Minor Children
If, at my death, I am the parent of any minor child, I nominate [GUARDIAN NAME] as Guardian of the person and estate of such child, with [ALTERNATE GUARDIAN NAME] as alternate.
3.7 Digital Assets
I grant my Executor the power to access, manage, and dispose of my digital assets and electronic communications in accordance with the Rhode Island Uniform Fiduciary Access to Digital Assets Act.
4. RISK ALLOCATION
4.1 Executor Indemnification
The Executor shall not incur personal liability for any act or omission made in good faith. The Estate shall indemnify and hold the Executor harmless from all claims and expenses, except for losses arising from the Executor’s gross negligence or willful misconduct. Liability is limited to the assets of the Estate (“Liability Cap”).
4.2 Powers of Executor
In addition to all powers conferred by Governing Law, my Executor may, without order of the Forum Court:
a. Sell, lease, exchange, or otherwise dispose of Estate property.
b. Invest Estate assets pursuant to the prudent investor rule.
c. Settle or compromise claims for or against the Estate.
d. Distribute assets in cash or in-kind, pro rata or non-pro rata.
5. DISPUTE RESOLUTION & GOVERNING LAW
5.1 Governing Law
All questions concerning the validity, construction, and administration of this Will shall be governed by the laws of the State of Rhode Island.
5.2 Forum Selection
Exclusive jurisdiction and venue for the probate and interpretation of this Will shall reside in the Forum Court. No arbitration is available, and no jury trial is permitted for probate matters under Rhode Island law.
5.3 Injunctive Relief for Will Contests
The Forum Court shall retain authority to issue temporary or permanent injunctive relief to preserve Estate assets and maintain the status quo during any will contest.
6. GENERAL PROVISIONS
6.1 No-Contest Clause (In Terrorem)
Any beneficiary who directly or indirectly contests the validity of this Will in a manner not sanctioned by Governing Law shall forfeit his or her interest, and such interest shall pass as though the contesting beneficiary had predeceased me without issue.
[// GUIDANCE: Rhode Island enforces in terrorem clauses unless probable cause exists. Consider carefully.]
6.2 Simultaneous Death
If any beneficiary and I die under circumstances rendering it uncertain who survived, I shall be deemed to have survived such beneficiary.
6.3 Spendthrift Protection
Except as otherwise provided by Governing Law, no interest under this Will shall be subject to the claims of creditors or to anticipation, assignment, or alienation.
6.4 Severability
If any provision of this Will is held invalid, such invalidity shall not affect the remaining provisions, which shall remain enforceable.
6.5 Headings
Headings are for convenience only and do not affect the substantive meaning of this Will.
7. EXECUTION BLOCK
IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], have hereunto set my hand on this [ORDINAL DATE] day of [MONTH, YEAR].
[TESTATOR NAME (Signature)]
ATTESTATION CLAUSE
We, the witnesses, declare that on the date above, [TESTATOR FULL LEGAL NAME] declared this instrument to be his/her Last Will and Testament, signed or acknowledged the same in our presence, and requested that we sign as witnesses, which we now do in the presence of the Testator and each other.
-
[WITNESS #1 SIGNATURE]
[PRINTED NAME, ADDRESS] -
[WITNESS #2 SIGNATURE]
[PRINTED NAME, ADDRESS]
[// GUIDANCE: Rhode Island requires two competent witnesses who sign in the Testator’s presence. Interested witnesses are allowed but may affect perception; use disinterested witnesses where possible.]
SELF-PROVING AFFIDAVIT (Optional but Recommended)
State of Rhode Island )
County of [COUNTY] ) ss.
On this _ day of _, 20___, before me, the undersigned notary public, personally appeared [TESTATOR NAME] (“Testator”) and the above-named witnesses, who being duly sworn, depose and say:
- The Testator executed the foregoing Will voluntarily and as his/her free act and deed.
- Each witness, in the presence of the Testator and of each other, signed the Will as a witness.
- The Testator was, at the time of execution, over eighteen (18) years of age, of sound mind, and under no constraint or undue influence.
Notary Public
My Commission Expires: _____
[// GUIDANCE: Attach additional pages for complex bequests or fiduciary schedules. Ensure the original Will is stored securely, with copies provided only to trusted persons.]