LAST WILL AND TESTAMENT
of
[TESTATOR FULL LEGAL NAME]
[// GUIDANCE: This template is drafted for testators domiciled in the State of Wyoming. Review and customize all bracketed terms, defined terms, and specific gifts before execution. Ensure the finalized document is printed on durable paper and executed in strict compliance with Wyo. Stat. §§ 2-6-112 & 2-6-114.]
TABLE OF CONTENTS
- Article I Declarations & Revocation
- Article II Definitions
- Article III Testamentary Representations
- Article IV Appointment of Personal Representative
- Article V Disposition of Property
5.1 Specific Devises and Bequests
5.2 Residuary Estate - Article VI Guardianship of Minor Children
- Article VII Fiduciary Powers & Administration
- Article VIII Tax Allocation & Apportionment
- Article IX Executor Indemnity & Liability Limitation
- Article X No-Contest Clause
- Article XI Governing Law & Probate Forum
- Article XII General Provisions
- Article XIII Execution & Attestation
- Article XIV Self-Proving Affidavit (Optional)
ARTICLE I
DECLARATIONS & REVOCATION
1.1 Identification. I, [TESTATOR FULL LEGAL NAME], presently residing at [ADDRESS], being of sound mind and over the age of eighteen (18) years, hereby declare this instrument to be my Last Will and Testament (the “Will”).
1.2 Revocation. I hereby revoke all prior wills and codicils made by me.
1.3 Family Information. I am [married to [SPOUSE NAME] / unmarried]. I have the following children: [LIST CHILDREN NAMES & DATES OF BIRTH]. References to my “Children” or “Issue” shall include legally adopted descendants unless expressly excluded.
ARTICLE II
DEFINITIONS
For ease of administration, the following capitalized terms have the meanings set forth below:
“Estate” All property, real or personal, tangible or intangible, wherever situated, owned by me at death, including any property over which I hold a power of appointment.
“Personal Representative” The individual or institution appointed under Article IV (sometimes referred to as “Executor”) to administer my Estate.
“Beneficiary” Any person or entity entitled to receive a distribution under this Will.
“Residuary Estate” All property remaining after payment of debts, expenses, taxes, and the specific gifts in § 5.1.
ARTICLE III
TESTAMENTARY REPRESENTATIONS
3.1 Capacity & Voluntariness. I declare that I possess testamentary capacity and am executing this Will voluntarily, free of undue influence or duress.
3.2 Knowledge of Assets. I have made a reasonable effort to identify my assets; however, inadvertent omissions shall not invalidate this Will.
ARTICLE IV
APPOINTMENT OF PERSONAL REPRESENTATIVE
4.1 Primary Appointment. I nominate [PRIMARY EXECUTOR NAME], having an address at [ADDRESS], as Personal Representative of my Estate.
4.2 Successor Appointment. If the primary Personal Representative is unable or unwilling to serve, I nominate [SUCCESSOR EXECUTOR NAME] as successor.
4.3 Bond Waiver. No bond or other security shall be required of any Personal Representative unless mandated by the supervising court.
ARTICLE V
DISPOSITION OF PROPERTY
5.1 Specific Devises and Bequests
(a) Real Property. I devise my real property located at [LEGAL DESCRIPTION / ADDRESS] to [BENEFICIARY NAME].
(b) Personal Property. I bequeath the following:
(i) [Item] to [Beneficiary];
(ii) [Item] to [Beneficiary].
[// GUIDANCE: If no specific gifts are intended, delete § 5.1 in its entirety and renumber.]
5.2 Residuary Estate
All property not effectively disposed of above I give, devise, and bequeath to [PRIMARY RESIDUARY BENEFICIARY].
(a) If [PRIMARY RESIDUARY BENEFICIARY] does not survive me, the Residuary Estate shall pass to [ALTERNATE BENEFICIARY] per stirpes.
(b) Anti-lapse. A Beneficiary must survive me by thirty (30) days to take under this Will unless a shorter survivorship period is required by Wyo. Stat. § 2-6-103.
ARTICLE VI
GUARDIANSHIP OF MINOR CHILDREN
6.1 Nomination. If at my death any of my Children are minors, I nominate [GUARDIAN NAME] as Guardian of the person and estate of such minor Children. If [GUARDIAN NAME] is unable or unwilling to serve, I nominate [ALTERNATE GUARDIAN NAME].
6.2 Bond Waiver. No bond shall be required of any Guardian so nominated.
ARTICLE VII
FIDUCIARY POWERS & ADMINISTRATION
7.1 Statutory Powers. My Personal Representative shall have all powers granted under Wyo. Stat. Title 2, including without limitation the powers of sale, lease, exchange, invest, and distribute in cash or in kind.
7.2 Discretion & Delegation. The Personal Representative may act in his or her sole discretion, may employ professionals, and may delegate authority as permitted by law.
7.3 Principal & Income. The Personal Representative may determine what is principal or income for all purposes, including tax allocations.
ARTICLE VIII
TAX ALLOCATION & APPORTIONMENT
8.1 All estate, inheritance, and similar transfer taxes arising because of my death shall be paid from the Residuary Estate without apportionment among Beneficiaries, except as otherwise provided by any governing instrument expressly outside this Will.
8.2 The Personal Representative may make elections under federal or state tax laws, allocate the generation-skipping transfer tax exemption, and adjust distributions to effect equitable apportionment.
ARTICLE IX
EXECUTOR INDEMNITY & LIABILITY LIMITATION
9.1 Indemnity. My Estate shall indemnify and hold harmless each Personal Representative and Guardian from and against any and all liability, loss, cost, or expense incurred in good-faith administration of my Estate, except for acts or omissions constituting gross negligence, willful misconduct, or bad faith.
9.2 Liability Cap. No fiduciary shall be personally liable beyond the assets of the Estate for any claim connected to the administration of this Will.
ARTICLE X
NO-CONTEST CLAUSE
10.1 If any Beneficiary contests this Will or any of its provisions, directly or indirectly, such Beneficiary shall forfeit and be deemed to have predeceased me for purposes of receiving any share under this Will, and his or her interest shall pass as though he or she failed to survive me.
[// GUIDANCE: Wyoming generally enforces in terrorem clauses so long as the contestant lacks probable cause.]
ARTICLE XI
GOVERNING LAW & PROBATE FORUM
11.1 Governing Law. This Will is governed by and shall be construed in accordance with the laws of the State of Wyoming (state_probate_law).
11.2 Exclusive Forum. All matters relating to the probate or administration of my Estate shall be filed exclusively in the [COUNTY] District Court, Probate Division (state_probate_court).
11.3 Jury Waiver. To the extent permitted by Wyoming law, all parties waive any right to a jury trial respecting any claim arising under or in connection with this Will (no_jury_probate).
ARTICLE XII
GENERAL PROVISIONS
12.1 Severability. If any provision of this Will is determined invalid, the remaining provisions shall remain fully effective.
12.2 Headings. Section headings are for convenience only and shall not affect interpretation.
12.3 Gender & Number. As used herein, words in the singular include the plural and vice versa; pronouns include any gender.
12.4 Digital Assets. The Personal Representative may access, manage, and dispose of my digital assets in accordance with the Revised Uniform Fiduciary Access to Digital Assets Act as adopted in Wyoming.
ARTICLE XIII
EXECUTION & ATTESTATION
I, [TESTATOR NAME], sign my name to this Will on this ___ day of _, 20, at ____, Wyoming, declaring it to be my Last Will and Testament in the presence of the undersigned witnesses, who, at my request and in my presence, and in the presence of each other, have subscribed their names hereto.
[TESTATOR NAME], Testator
Attestation Clause
We, the undersigned witnesses, declare that on the date above, the Testator voluntarily signed and executed this instrument as his/her Last Will and Testament, that he/she signed it in our presence, and that we, in the Testator’s presence and at his/her request and in the presence of each other, have signed our names as witnesses. To the best of our knowledge, the Testator is eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.
| Witness Signature | Witness Printed Name | Address | Date |
|---|---|---|---|
| _______ | ____ | ___ | ______ |
| _______ | ____ | ___ | ______ |
[// GUIDANCE: Minimum of two competent witnesses required under Wyo. Stat. § 2-6-112. Witnesses should not be Beneficiaries.]
ARTICLE XIV
SELF-PROVING AFFIDAVIT
(Wyo. Stat. § 2-6-114 – Optional but Strongly Recommended)
State of Wyoming )
County of ____) ss.
We, [TESTATOR NAME], [WITNESS #1], and [WITNESS #2], the Testator and the witnesses respectively, whose names are signed to the attached instrument, being first duly sworn, declare to the undersigned authority that the Testator executed said instrument as his/her Last Will and Testament, that the Testator signed willingly and that each witness, in the presence of the Testator and of each other, signed the Will as witness; that, to the best of the knowledge of each witness, the Testator was at the time eighteen (18) or more years of age, of sound mind, and under no constraint or undue influence.
[TESTATOR NAME], Testator
[WITNESS #1 NAME], Witness
[WITNESS #2 NAME], Witness
Subscribed, sworn to, and acknowledged before me by the Testator and the above-named witnesses on this ___ day of _, 20.
Notary Public
My Commission Expires: ____
[// GUIDANCE: Attach separate pages for additional specific bequests or contingent trusts if needed. Prior to execution, confirm that your county clerk accepts self-proving affidavits in this exact format or whether a statutory form is preferred.]