Simple Will (Last Will and Testament) - Rhode Island

LAST WILL AND TESTAMENT

OF [________________________________]

State of Rhode Island

I, [________________________________] ("Testator"), of the City/Town of [________________________________], County of [________________________________], State of Rhode Island, being of the age of eighteen (18) years or older, of sound mind and disposing memory, and not acting under duress, menace, fraud, or undue influence of any person, do hereby make, publish, and declare this instrument to be my Last Will and Testament, hereby revoking all prior wills and codicils made by me.

ARTICLE I -- REVOCATION OF PRIOR WILLS

I hereby revoke all prior wills and codicils heretofore made by me. This instrument constitutes my entire Last Will and Testament.

ARTICLE II -- TESTATOR IDENTIFICATION

Section 2.1 -- Identification of Family Members

I have the following children, whether natural or adopted:

☐ I have no children.

Section 2.2 -- Deceased Children

☐ The following children of mine are deceased: [________________________________]

Section 2.3 -- Intentional Omissions

☐ I have intentionally omitted the following persons from this Will: [________________________________]. This omission is intentional and not the result of accident or mistake.

ARTICLE III -- PAYMENT OF DEBTS, EXPENSES, AND TAXES

Section 3.1 -- Debts and Expenses

I direct my Executor to pay all of my legally enforceable debts, funeral expenses, costs of last illness, and expenses of administering my estate as soon as practicable after my death, without the necessity of court order unless required by law. Such payments shall be made from the residuary estate unless otherwise specified.

Section 3.2 -- Taxes

I direct that all estate taxes, inheritance taxes, and any other death taxes assessed against my estate or any property passing under this Will or otherwise shall be paid from the residuary estate, unless otherwise specified below:

☐ Taxes shall be apportioned among the beneficiaries in proportion to their respective shares.
☐ Taxes shall be paid entirely from the residuary estate (no apportionment).
☐ Other: [________________________________]

Section 3.3 -- Funeral and Burial Instructions

☐ I direct that my remains be: ☐ Buried ☐ Cremated ☐ Other: [________________________________]

☐ I direct that my funeral and burial arrangements be made at: [________________________________]

☐ I have made pre-paid funeral arrangements with: [________________________________]

☐ I direct that my funeral expenses not exceed $[________________________________]

ARTICLE IV -- SPECIFIC BEQUESTS

I make the following specific gifts, free of all encumbrances and without reduction for any tax, to the following named beneficiaries, provided they survive me:

Section 4.1 -- Personal Property Bequests

Section 4.2 -- Real Property Bequests

Section 4.3 -- Cash Bequests

Section 4.4 -- Charitable Bequests

Section 4.5 -- Lapsed Bequests

If any beneficiary of a specific bequest does not survive me, the bequest shall:

☐ Pass to the alternate beneficiary named above.
☐ Lapse and fall into the residuary estate.
☐ Pass to the deceased beneficiary's issue, per stirpes.

ARTICLE V -- RESIDUARY ESTATE

Section 5.1 -- Residuary Bequest

I give, devise, and bequeath all the rest, residue, and remainder of my estate, of whatever kind and character and wherever situated, including any property over which I have a power of appointment, including all lapsed or failed specific bequests, to the following:

Primary Residuary Beneficiary(ies):

Total percentage must equal 100%.

Section 5.2 -- Contingent Residuary Beneficiary(ies)

If any primary residuary beneficiary does not survive me, such beneficiary's share shall:

☐ Pass to the surviving primary residuary beneficiary(ies) in proportion to their respective shares.
☐ Pass to the following contingent beneficiary(ies): [________________________________]
☐ Pass to the deceased beneficiary's issue, per stirpes.

Section 5.3 -- Ultimate Distribution

If all named residuary and contingent beneficiaries predecease me, the residuary estate shall be distributed to:

☐ My heirs at law, determined under the laws of intestate succession of the State of Rhode Island.
☐ The following charitable organization(s): [________________________________]

ARTICLE VI -- APPOINTMENT OF EXECUTOR (PERSONAL REPRESENTATIVE)

Section 6.1 -- Primary Executor

I nominate and appoint the following person as Executor (Personal Representative) of this Will:

Executor Name: [________________________________]

Executor Address: [________________________________]

Executor Relationship: [________________________________]

Section 6.2 -- Successor Executor

If the Primary Executor is unable or unwilling to serve, I nominate and appoint the following person as Successor Executor:

Successor Executor Name: [________________________________]

Successor Executor Address: [________________________________]

Successor Executor Relationship: [________________________________]

Section 6.3 -- Additional Successor Executor

If neither the Primary Executor nor the first Successor Executor is able or willing to serve, I nominate and appoint:

Second Successor Executor Name: [________________________________]

Address: [________________________________]

Section 6.4 -- Bond Waiver

I request that any Executor appointed hereunder be exempt from providing surety. Under R.I. Gen. Laws § 33-17-4, this request does not eliminate the bond itself, and the probate court may require a bond with surety.

Section 6.5 -- Executor Compensation

☐ My Executor shall be entitled to reasonable compensation as permitted by Rhode Island law.
☐ My Executor shall serve without compensation.
☐ My Executor shall receive compensation in the amount of $[________________________________] or [____]% of the estate.

ARTICLE VII -- POWERS OF EXECUTOR

In addition to all powers conferred upon executors and administrators by the laws of the State of Rhode Island, including R.I. Gen. Laws §§ 33-9-14 -- 33-9-19 (borrowing, investment, and general powers of the personal representative), my Executor shall have the following powers, exercisable without prior court approval unless otherwise required by law:

1. Power to Sell. To sell, lease, exchange, or otherwise dispose of any real or personal property of my estate, at public or private sale, for cash or on credit, and upon such terms as the Executor deems advisable.

2. Power to Invest. To invest and reinvest estate assets in any property or securities, including mutual funds, bonds, stocks, and real estate, consistent with the prudent investor standard.

3. Power to Borrow. To borrow money and to encumber estate assets as security for such borrowing.

4. Power to Settle Claims. To settle, compromise, or abandon any claim for or against the estate.

5. Power to Distribute. To distribute assets in cash or in kind, in divided or undivided interests, and to allocate specific assets among beneficiaries in any manner the Executor deems equitable.

6. Power to Employ Professionals. To employ attorneys, accountants, investment advisors, and other professionals, and to pay their reasonable fees from estate assets.

7. Power to Continue Business. To continue any business in which I have an interest at the time of my death for such period as the Executor deems advisable.

8. Power to Make Tax Elections. To make any and all tax elections permitted by law.

ARTICLE VIII -- DIGITAL ASSETS

Pursuant to R.I. Gen. Laws § 33-27.1-1 et seq. (Rhode Island Revised Uniform Fiduciary Access to Digital Assets Act), I grant my Executor the authority to access, manage, control, and dispose of my digital assets and electronic communications, including but not limited to:

☐ Email accounts
☐ Social media accounts
☐ Online financial accounts
☐ Cloud storage accounts
☐ Domain names and websites
☐ Cryptocurrency and digital wallets
☐ Digital photographs and media
☐ Other: [________________________________]

My Executor's authority extends to the content of electronic communications, to the extent permitted by law.

ARTICLE IX -- GUARDIAN DESIGNATION FOR MINOR CHILDREN

Pursuant to R.I. Gen. Laws § 33-5-4 (Nomination of Guardian by Will) and § 33-15.1-7 (Testamentary Appointment of Guardian for Minor Children), this nomination is subject to approval by the probate court of the city or town of my domicile, which shall appoint the nominated guardian unless good cause is shown to the contrary.

Section 9.1 -- Guardian of the Person

If, at the time of my death, I have any minor child or children and no surviving parent of such children is able and willing to serve as guardian, I nominate and appoint the following person as Guardian of the Person of my minor child(ren):

Guardian Name: [________________________________]

Guardian Address: [________________________________]

Guardian Relationship: [________________________________]

Section 9.2 -- Successor Guardian of the Person

If the primary Guardian is unable or unwilling to serve, I nominate:

Successor Guardian Name: [________________________________]

Successor Guardian Address: [________________________________]

Section 9.3 -- Guardian of the Estate (Property)

I nominate and appoint the following person as Guardian of the Estate of my minor child(ren), to manage property belonging to or held for the benefit of such child(ren):

☐ Same as Guardian of the Person named above.
☐ Other: Name: [________________________________] Address: [________________________________]

Section 9.4 -- Guardianship Preferences

I express the following preferences and instructions for the care of my minor child(ren):

[________________________________]
[________________________________]
[________________________________]

ARTICLE X -- TRUST PROVISIONS FOR MINOR OR YOUNG BENEFICIARIES

Section 10.1 -- Custodial Trust for Minors

If any beneficiary under this Will is under the age of [____] years (default: 18) at the time of my death, the Executor shall hold such beneficiary's share in a separate trust (the "Minor's Trust"), to be administered as follows:

1. Trustee. The Executor shall serve as Trustee of the Minor's Trust, or I appoint [________________________________] as Trustee.

2. Distributions for Health, Education, Maintenance, and Support. The Trustee may distribute so much of the income and principal of the trust as the Trustee determines is necessary or advisable for the beneficiary's health, education, maintenance, and support.

3. Termination. The trust shall terminate and the remaining principal and undistributed income shall be distributed to the beneficiary upon the beneficiary reaching the age of [____] years.

4. Distribution if Beneficiary Dies Before Termination. If the beneficiary dies before the trust terminates, the remaining trust assets shall be distributed to [________________________________].

Section 10.2 -- Staggered Distributions (Optional)

☐ I direct that the trust shall distribute to the beneficiary as follows:

• [____]% of the trust assets upon reaching age [____];
• [____]% of the remaining trust assets upon reaching age [____];
• The balance upon reaching age [____].

ARTICLE XI -- NO-CONTEST CLAUSE (IN TERROREM)

Section 11.1 -- Forfeiture Provision

If any beneficiary under this Will, directly or indirectly, contests or attacks the validity of this Will or any of its provisions, or seeks to obtain an adjudication in any proceeding that this Will or any of its provisions is void, or seeks otherwise to void, nullify, or set aside this Will or any of its provisions, then the right of that person to take any interest given to him or her by this Will shall be forfeited, and such interest shall be disposed of as if the contesting beneficiary had predeceased me without leaving any surviving issue.

Section 11.2 -- Rhode Island Enforcement

Rhode Island enforces forfeiture (in terrorem) clauses according to their plain terms and does not recognize a "good faith" or "probable cause" exception of the kind adopted by some other states. Elder v. Elder, 84 R.I. 13, 120 A.2d 815 (1956) (holding that a clearly and unambiguously expressed forfeiture condition is enforced as the properly declared public policy of this state's statute of wills, regardless of whether the contest was brought in good faith or upon probable cause, because that is a policy choice for the General Assembly and not the courts). Rhode Island courts do, however, construe forfeiture clauses strictly, and will not decree a forfeiture unless the beneficiary's action clearly and unambiguously falls within the scope of the clause as written. Id. Beneficiaries should consult with an attorney before taking any action that might be deemed a contest.

ARTICLE XII -- SIMULTANEOUS DEATH

If any beneficiary under this Will and I die simultaneously, or under circumstances rendering it uncertain who survived the other, it shall be conclusively presumed that I survived such beneficiary, and this Will shall be construed accordingly.

A beneficiary must survive me by at least [____] days (default: 30 days) to be entitled to receive any distribution under this Will. If a beneficiary does not survive me by the stated period, such beneficiary shall be treated as having predeceased me.

ARTICLE XIII -- GENERAL PROVISIONS

Section 13.1 -- Spendthrift Protection

No interest in the income or principal of any trust created under this Will shall be subject to the claims of creditors of any beneficiary, or to anticipation, assignment, pledge, or alienation by any beneficiary, except to the extent required by law.

Section 13.2 -- Severability

If any provision of this Will is held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the remaining provisions of this Will, which shall remain in full force and effect.

Section 13.3 -- Governing Law

This Will shall be governed by and construed in accordance with the laws of the State of Rhode Island. Venue for probate and administration of this Will shall lie in the probate court of the city or town in which I am domiciled at the time of my death.

Section 13.4 -- Gender and Number

Unless the context clearly indicates otherwise, masculine pronouns include the feminine and neuter, and singular words include the plural.

Section 13.5 -- Headings

Headings and article titles are for convenience only and shall not affect the interpretation of this Will.

Section 13.6 -- Definitions

• "Issue" means all lineal descendants of a person, of all generations.
• "Per Stirpes" means that the share of a deceased beneficiary shall pass to that beneficiary's issue by right of representation.
• "Survive" means to be living at the time of my death, and for the applicable survivorship period.

ARTICLE XIV -- EXECUTION

Section 14.1 -- Testator's Declaration and Signature

IN WITNESS WHEREOF, I, [________________________________], the Testator, do hereby declare to the undersigned witnesses that this instrument, consisting of [____] pages (including this page), is my Last Will and Testament, that I sign it willingly, that I execute it as my free and voluntary act, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

Testator Signature: ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Section 14.2 -- Witness Attestation

Pursuant to R.I. Gen. Laws § 33-5-5, we, the undersigned witnesses, declare that the Testator, [________________________________], signed this instrument in our presence, or acknowledged the Testator's signature already made, and declared this instrument to be the Testator's Last Will and Testament, and we, at the Testator's request and in the Testator's presence and in the presence of each other, have signed our names as attesting witnesses.

We further declare that the Testator appeared to be of sound mind and legal age, and was not acting under duress, menace, fraud, or undue influence.

Witness 1:

Signature: ________________________________

Printed Name: [________________________________]

Address: [________________________________]

City/Town: [________________________________], State: [____]

Date: [__/__/____]

Witness 2:

Signature: ________________________________

Printed Name: [________________________________]

Address: [________________________________]

City/Town: [________________________________], State: [____]

Date: [__/__/____]

Section 14.3 -- Optional Affidavit of Subscribing Witnesses

Under R.I. Gen. Laws § 33-7-26, one or more subscribing witnesses may make a proof affidavit at any time after execution. In the absence of objection by an interested person, the probate court may accept the affidavit as sufficient evidence of due execution. It is not a substitute for contested-probate proof.

STATE OF RHODE ISLAND
COUNTY OF [________________________________]

In [CITY OR TOWN], on this [____] day of [________________], 20[____], before me personally appeared [WITNESS 1] and [WITNESS 2], who, being duly sworn, depose and say that they witnessed the execution of the Will of [TESTATOR]; that the signature to the Will is in the Testator's handwriting or was made by another person for the Testator, in the Testator's presence and at the Testator's express direction; that the Testator subscribed the Will and declared it to be the Testator's Last Will in their presence; that they thereafter subscribed it as witnesses in the presence of the Testator and in the presence of each other; that at execution the Testator appeared to be of sound mind and at least eighteen years old; and that their signatures on the Will are genuine.

Witness 1 Signature: ________________________________

Witness 2 Signature: ________________________________

Subscribed and sworn to before me by [WITNESS 1] and [WITNESS 2] on this [____] day of [________________], 20[____].

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

CHECKLIST FOR COMPLETION

☐ Testator's full legal name and personal information completed in Article II
☐ All family members identified (spouse, children)
☐ Any intentional omissions expressly stated
☐ Debts, expenses, and tax payment instructions completed (Article III)
☐ Funeral and burial instructions completed (if desired)
☐ Specific bequests completed in Article IV (or marked "None")
☐ Residuary estate distribution specified in Article V
☐ Contingent and ultimate distribution provisions completed
☐ Executor and successor executor(s) named in Article VI
☐ Bond waiver and compensation provisions completed
☐ Digital assets authorization completed in Article VIII
☐ Guardian(s) named for minor children (if applicable) in Article IX
☐ Trust provisions for minors completed (if applicable) in Article X
☐ No-contest clause reviewed and understood (Article XI)
☐ Survivorship period specified in Article XII
☐ Will signed by Testator in presence of two witnesses
☐ Two witnesses signed in presence of Testator and each other
☐ Optional subscribing-witness proof affidavit completed under § 33-7-26
☐ Original Will stored in a secure location
☐ Attorney review completed before execution

SOURCES AND REFERENCES

• R.I. Gen. Laws § 33-5-2 -- Testamentary Capacity -- Property Subject to Will (18 years of age, sound mind)
• R.I. Gen. Laws § 33-5-5 -- Execution of Will (signed by testator, acknowledged in presence of two witnesses who attest and subscribe in testator's presence)
• R.I. Gen. Laws § 33-6-1 -- Gifts to Attesting Witnesses (interested-witness gift voided but witness remains competent); § 33-6-4 -- Executor or Trustee as Witness
• R.I. Gen. Laws § 33-5-9 -- Revocation of Will by Marriage; § 33-5-10 -- Methods of Revoking a Will (general revocation methods, including by a later will)
• R.I. Gen. Laws § 33-6-5 et seq. -- Proof and Construction of Wills
• R.I. Gen. Laws § 33-7-26 -- Proof of purported will or codicil; subscribing-witness affidavit
• R.I. Gen. Laws § 33-5-4 -- Nomination of Guardian by Will; § 33-15.1-1 et seq. (esp. § 33-15.1-7) -- Guardianship of Minors
• R.I. Gen. Laws §§ 33-9-14 -- 33-9-19 -- Executor/Administrator Powers to Borrow, Invest, and Otherwise Manage the Estate; Chapter 33-8 -- Appointment and Qualification of Executors and Administrators
• R.I. Gen. Laws § 33-27.1-1 et seq. -- Revised Uniform Fiduciary Access to Digital Assets Act
• R.I. Gen. Laws § 34-5-1 et seq. -- Disclaimer of Certain Property Interests
• Elder v. Elder, 84 R.I. 13, 120 A.2d 815 (1956) -- enforceability and strict construction of in terrorem/forfeiture clauses (no probable-cause exception in Rhode Island)
• Rhode Island Probate Court Rules and Procedures (probate venue: probate court of the city or town of the testator's domicile)