**LAST WILL AND TESTAMENT
OF
[FULL LEGAL NAME]**
(the “Testator”)
Effective Date: [DATE]
Domicile: [COUNTY], Washington
[// GUIDANCE: This template is drafted to be immediately usable by Washington-licensed attorneys. Replace all bracketed text with client-specific information and delete guidance comments before execution.]
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 (including Self-Proving Affidavit)
I. DOCUMENT HEADER
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Identification and Capacity. I, [FULL LEGAL NAME], being over the age of eighteen (18), of sound mind, and a resident of the State of Washington, declare this instrument to be my Last Will and Testament (“Will”).
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Revocation of Prior Wills and Codicils. I hereby revoke all prior wills and codicils made by me.
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Statement of Intent. It is my intent that this Will be executed, interpreted, and enforced in accordance with the laws of the State of Washington and that it fully comply with RCW 11.12.020 (execution requirements for wills).
II. DEFINITIONS
For purposes of this Will, the following capitalized terms have the meanings set forth below:
“Child(ren)” means each biological or legally adopted child of mine, living or en ventre sa mère on my date of death, namely: [NAME(S)].
“Estate” means all property, whether real, personal, tangible, intangible, or digital, in which I have any interest at death, wherever situated.
“Personal Representative” means the individual(s) appointed under Section III.B to administer my Estate and carry out the provisions of this Will.
“Residuary Estate” means all Estate assets remaining after payment of debts, expenses, taxes, and satisfaction of all specific gifts.
III. OPERATIVE PROVISIONS
A. Specific Bequests
1. Tangible Personal Property. I give my tangible personal property described in Schedule A (attached) to the person(s) named therein.
2. Monetary Gifts. I give the following sums:
a. $[AMOUNT] to [BENEFICIARY NAME];
b. $[AMOUNT] to [BENEFICIARY NAME].
B. Appointment of Personal Representative
1. I nominate [PRIMARY EXECUTOR NAME] as Personal Representative.
2. If the primary nominee fails or ceases to serve, I nominate [SUCCESSOR EXECUTOR NAME].
3. Bond Waiver. No bond or other security shall be required of any Personal Representative.
C. Disposition of Residuary Estate
I give, devise, and bequeath my Residuary Estate to [BENEFICIARY NAME(S)], per stirpes.
[// GUIDANCE: Substitute “per capita” or another distribution scheme if desired.]
D. Guardian for Minor Children
If any Child is a minor at my death, I appoint [GUARDIAN NAME] as guardian of the person and estate of such Child. [SUCCESSOR GUARDIAN] shall serve if the above-named guardian cannot.
E. Simultaneous Death
If any beneficiary and I die under circumstances making the order of death uncertain, such beneficiary shall be deemed to have predeceased me.
F. Digital Assets
I authorize my Personal Representative to access, manage, and dispose of all digital assets and electronic communications to the fullest extent permitted by law (see RCW 11.120 et seq.).
[// GUIDANCE: Confirm client consent before including.]
G. Administrative Powers of Personal Representative
My Personal Representative shall have all powers granted by RCW 11.68.090 and any other applicable statute, including, without limitation, the powers to sell, lease, exchange, invest, continue any business, and make tax elections, without court order.
H. Tax Allocation
All estate, inheritance, and similar taxes occasioned by my death shall be paid from the Residuary Estate, without apportionment, unless expressly provided otherwise.
I. No-Contest Clause (In Terrorem)
Any person who contests this Will or my Estate plan shall forfeit any interest they would otherwise receive under this Will, and such interest shall pass as if the contestant had predeceased me.
IV. REPRESENTATIONS & WARRANTIES
- Testamentary Capacity. I represent that I am of legal age and sound mind.
- Complete Disclosure. I have made reasonable inquiry into, and hereby warrant the completeness of, my Estate assets to the best of my knowledge.
V. COVENANTS & RESTRICTIONS
- Duty of Personal Representative. The Personal Representative shall exercise fiduciary duties of loyalty and care in administering the Estate.
- Compliance Covenant. All fiduciaries shall comply with applicable Washington probate procedures and court rules.
VI. DEFAULT & REMEDIES
- Events of Default. A fiduciary’s (a) gross negligence, (b) willful misconduct, or (c) material breach of fiduciary duty constitutes a Default.
- Remedies. Upon Default, an interested party may petition the Probate Court for (i) removal of the fiduciary, (ii) surcharge, or (iii) any other remedy available at law or equity.
- Attorneys’ Fees. The Court may award reasonable attorneys’ fees and costs to the prevailing party in any fiduciary-duty action.
VII. RISK ALLOCATION
- Executor Indemnification. The Estate shall indemnify and hold the Personal Representative harmless from any loss, liability, or expense arising from good-faith administration, except for losses resulting from the Personal Representative’s fraud, gross negligence, or willful misconduct.
- Limitation of Liability. The Personal Representative’s liability shall be limited to the total value of the Estate assets under administration at the time of the act or omission giving rise to liability.
VIII. DISPUTE RESOLUTION
- Governing Law. This Will is governed by, and construed in accordance with, the laws of the State of Washington.
- Forum Selection. Exclusive jurisdiction and venue for all matters arising under this Will shall lie with the [COUNTY] Superior Court, sitting in probate.
- Arbitration. Consistent with RCW 11.96A.090, I do not elect binding arbitration of disputes.
- Jury Waiver. Probate matters in Washington are tried without a jury (no jury demand permitted).
- Injunctive Relief. The Probate Court retains full equitable power to issue temporary restraining orders, preliminary injunctions, or other appropriate relief to preserve Estate assets.
IX. GENERAL PROVISIONS
- Severability. If any provision of this Will is determined unenforceable, the remaining provisions shall remain in full force.
- Headings. Headings are for convenience only and do not affect interpretation.
- Integration. This instrument constitutes the entire expression of my testamentary intent.
X. EXECUTION BLOCK (WASHINGTON FORMALITIES)
A. Signature of Testator
IN WITNESS WHEREOF, I, [FULL LEGAL NAME], the Testator, sign my name to this Will on this ___ day of _, 20, at [CITY], Washington, and declare that I sign and execute this instrument as my Last Will and Testament.
____ Date: __
[FULL LEGAL NAME], Testator
B. Attestation Clause
We, the undersigned witnesses, declare that on the date written above, the Testator, who is personally known to us (or whose identity has been satisfactorily proven), declared this instrument to be the Testator’s Last Will and Testament, signed it in our presence (or acknowledged a previously-made signature), and requested that we, in the Testator’s presence and in the presence of each other, sign this Will as witnesses. The Testator appeared to us to be of sound mind and under no undue influence.
| Witness Signature | Printed Name | Address | Date |
|---|---|---|---|
| ______ | ______ | ______ | ____ |
| ______ | ______ | ______ | ____ |
C. Self-Proving Affidavit
(State of Washington - RCW 11.20.020)
[// GUIDANCE: Although not required, a self-proving affidavit expedites probate. Execute before a notary public immediately after signing.]
STATE OF WASHINGTON )
: : ss.
COUNTY OF [COUNTY] )
We, [TESTATOR NAME] and the undersigned witnesses, being first duly sworn, on oath declare:
- The Testator signed and executed the foregoing Will on the date thereof.
- The witnesses were present and signed as witnesses in the Testator’s presence and in the presence of each other.
- The Testator was at least eighteen (18) years old, of sound mind, and under no undue influence.
- Each witness is at least eighteen (18) years old and competent to act as a witness.
____ ____
[TESTATOR NAME], Testator Witness #1 Signature
____ ____
Witness #2 Signature Notary Public Signature
Notary Public for the State of Washington
Commission No.: __
My Commission Expires: ____
[// GUIDANCE: Attach Schedule A—Tangible Personal Property List, and any additional schedules (e.g., business interests) referenced herein.]
END OF DOCUMENT