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| { | |
| "title":"Last Will and Testament of [testatorFullName]", | |
| "preamble":"I, [testatorFullName], of [testatorState], declare this to be my Last Will and Testament (hereinafter \"Will\"), and I revoke all Wills and Codicils previously made by me.", | |
| "articles":[ | |
| { | |
| "id":"article_1", | |
| "title":"DECLARATIONS", | |
| "text":"**A. Marital Status** — As of the date of this Will, I am [testatorMaritalStatus] {% include: \"to [partnerFullName] if testatorMaritalStatus requires a partner\" %}. *{% instruction If not married, adjust this clause accordingly. %}*\n \n **B. Children** — As of the date of this Will, {% conditional: “I have no living children.” **<OR>** “my child(ren) are: [child1FullName] {% add: names of additional children, if any %}“ %}. All references in this Will to “my children” are to the child(ren) listed above and any children hereafter born to or adopted by me (or otherwise legally recognized as my children). All references in this Will to “my descendants” are to my children and all of their respective lineal descendants.", | |
| "instructions":"Remove the sub-section on marital status if not explicitly provided.", | |
| "notes":"" | |
| }, | |
| { | |
| "id":"article_2", | |
| "title":"EXECUTOR PROVISIONS", | |
| "text":"\n**A. Executor** — I nominate [primaryExecutorFullName] {% optional: ([primaryExecutorTestatorRelationship]) %} to serve as Executor of my estate and to carry out the instructions in this Will. If [primaryExecutorFullName] is unable or unwilling to serve or continue to serve, I nominate [secondaryExecutorFullName] {% optional: ([secondaryExecutorTestatorRelationship]) %} to serve as Executor of my estate and to carry out the instructions in this Will.\n\n**B. Bond & Court Supervision** — No bond or other security shall be required of any Executor (including any alternate or successor Executor, or any Digital Executor) in any jurisdiction. To the extent permitted by the laws of the state in which my Will is probated, my Executor shall have the authority to administer my estate independently, without court supervision, and no action shall be required in any court in relation to the settlement of my estate other than the probating and recording of this Will.\n\n**C. Executor Powers** — I grant to my Executor the following powers, to be exercised as my Executor deems appropriate, in addition to any powers conferred by law:\n\n1. The power to exercise all powers of an absolute owner of property.\n2. The power to retain, sell (at public or private sale), exchange, grant options on, invest, and reinvest any real or personal property, and otherwise manage my assets.\n3. The power to borrow money and to pledge or encumber any property to secure loans.\n4. The power to divide and distribute property in cash or in kind, and to allocate different types of assets among beneficiaries (including allocating assets at appraised values) as my Executor finds equitable.\n5. The power to compromise, settle, or release claims or debts, with or without consideration.\n6. The power to pay my legally enforceable debts, funeral expenses, expenses of last illness, and all expenses in connection with the administration of my estate and any trusts created by this Will.\n7. The power to employ attorneys, accountants, investment advisors, and other professionals for services or advice in administering my estate.\n8. The power to make, in my Executor’s discretion, any distribution required or permitted to be made to any beneficiary under this Will who is a minor, in any of the following ways: (i) to the guardian of the minor’s person or estate; (ii) directly for the minor’s health, support, maintenance, or education, without the interposition of a guardian; (iii) to a custodian for the minor under any applicable Uniform Transfers or Gifts to Minors Act; or (iv) to an adult or institution who has the care and custody of the minor, to be expended for the minor’s benefit (and the receipt of such adult or institution shall be a sufficient discharge).\n9. The power to perform any other acts necessary or appropriate for the proper administration of my estate, to execute and deliver any instruments, and to give full receipts and discharges.\n10. Any additional powers conferred upon executors (personal representatives) by the laws of the jurisdiction in which my Executor is acting, including all powers under any applicable probate code or act.\n\n**D. Expenses** — My Executor shall be reimbursed from my estate for all reasonable costs and expenses incurred in connection with the performance of my Executor’s duties.\n\n**E. Reliance** — In acting or refraining from acting, my Executor may rely on any written opinion of counsel (an attorney licensed in the relevant jurisdiction), on statements of fact furnished to them in writing and believed to be true, or on any other evidence deemed by my Executor to be reliable. My Executor shall be indemnified and held harmless from any liability for any action taken, or for any failure to take action, in good faith and without gross negligence.\n\n**F. Ancillary Executors** — If my estate includes property located in another state or country and my named Executor cannot or chooses not to serve in that jurisdiction, my Executor has the power to nominate an ancillary (additional) Executor or personal representative to administer the out-of-state property. Any such ancillary Executor shall not be required to furnish bond (in keeping with Subarticle B, above).\n\n**G. Digital Executor** — In addition to the powers granted under Subarticle C of this Article II, I grant my Executor the power to access, handle, use, control, deactivate, and dispose of my Digital Assets and Digital Accounts. This specifically includes (but is not limited to) emails, social media accounts, cloud storage, financial and cryptocurrency accounts, domain names, and any other online or electronic accounts or records. If I have left a separate written statement or list expressing my wishes regarding certain Digital Assets or Digital Accounts, I request that my Executor, to the extent practicable, follow my wishes as expressed in that writing. If no such written guidance is found within thirty (30) days of my death, or if any issue is not addressed in such writing, my Executor shall manage and distribute my Digital Assets and Digital Accounts at their discretion, in accordance with the other provisions of this Will.\n\nThis authorization is intended to constitute “lawful consent” for my Executor to access my electronic communications and digital content under the Electronic Communications Privacy Act of 1986 (as amended), the Computer Fraud and Abuse Act of 1986 (as amended), and any other applicable federal or state data privacy or computer access law. It is also intended to meet the requirements of any applicable state law authorizing fiduciary access to digital assets (including any state’s enactment of the Uniform Fiduciary Access to Digital Assets Act or similar law). For purposes of this Will, the term “Digital Asset” means an electronic record in which I have a right or interest, and “Digital Account” means an electronic system for creating, storing, transmitting, or processing information that provides access to one or more Digital Assets.", | |
| "instructions":"Don't name a backup executor if none is provided.", | |
| "notes":"Linked to Article X..." | |
| }, | |
| { | |
| "id":"article_3", | |
| "title":"GUARDIANSHIP PROVISIONS", | |
| "text":"If I leave any child under the age of majority at the time of my death, I nominate [childGuardianFullName] {% optional: ([childGuardianTestatorRelationship]) %} as Guardian of the person and property of each such minor child. My nominated Guardian shall serve without requirement of bond or other security. If [childGuardianFullName] is unable or unwilling to serve as Guardian, I request that a court of competent jurisdiction appoint an appropriate alternate guardian, giving due consideration to any written wishes I have left and to what would be in the best interests of my child(ren).\n\nThe provisions of this Article III are intended to apply only if a guardian for a minor child needs to be appointed following my death.", | |
| "instructions":"Remove the sub-section on guardianship if not explicitly provided.", | |
| "notes":"" | |
| }, | |
| { | |
| "id":"article_4", | |
| "title":"PET CARE DIRECTIVES", | |
| "text":"**A. Identification** — All references in this Will to “My Pets” mean any domesticated animals that I own at the time of my death, including specifically those listed below. As of the date of this Will, My Pets include: [pet1Name], [pet2Name], [pet3Name] \n\n**B. Pet Caregiver** — If any of My Pets are alive at the time of my death, I nominate [petCaregiverFullName] {% optional: ([petCaregiverTestatorRelationship]) %} to serve as the Pet Caregiver for My Pets and to carry out the instructions in Subarticle C, below. If [petCaregiverFullName] is unable or unwilling to serve, then my Executor shall appoint an alternate Pet Caregiver who is willing and able to provide a good home for My Pets.\n\n**C. Pet Care Instructions** — I give all My Pets to the Pet Caregiver, to be cared for as beloved companion animals. I direct the Pet Caregiver to ensure that My Pets are given a suitable home and are provided with proper food, water, exercise, and veterinary care, and to treat My Pets humanely and with love.", | |
| "instructions":"Remove the sub-section on pet care if not explicitly provided.", | |
| "notes":"" | |
| }, | |
| { | |
| "id":"article_5", | |
| "title":"SPECIFIC GIFTS AT DEATH", | |
| "text":"\n**A.**\n ", | |
| "instructions":"Always include all explicitly mentioned items in this section, even if they could otherwise be covered under the disposition of the entire estate or the residuary clause. Only omit this Article if no specific items or assets were explicitly mentioned at all. List every asset the user explicitly refers to, including non-probate assets such as 401(k)s, life insurance policies, or jointly held property. Each specific bequest should follow this structure unless the case requires different wording: \"I give [item description] to [beneficiary full name], [relationship], outright and free of trust.\" Repeat this format for each gift (A, B, C, etc.). If no specific gifts are provided, omit this Article or mark it as \"Reserved.\"", | |
| "notes":"" | |
| }, | |
| { | |
| "id":"article_6", | |
| "title":"GIFT OF RESIDUE or DISPOSITION OF ENTIRE ESTATE", | |
| "text":"\nAll the rest and residue of my estate (i.e., all property I own at my death that is not otherwise effectively disposed of by the preceding provisions of this Will, including any lapsed or failed legacies) shall be distributed to the following beneficiaries in the percentages (or shares) indicated:\n\n**A.** [residuaryBequest1Share]% of the residue of my estate shall be distributed to [residuaryBequest1BeneficiaryFullName] {% optional: ([residuaryBequest1BeneficiaryTestatorRelationship]) %}, outright and free of trust. If [residuary1BeneficiaryFullName] does not survive me, then the share of the residue that would have gone to [residuary1BeneficiaryFullName] shall instead be distributed on a pro rata basis to the other residuary beneficiaries named in this article that do survive me (their shares being increased proportionally).\n\nIf any of the residuary dispositions provided above fail (for example, if a residuary beneficiary does not survive me and no alternate disposition is specified for that share), the lapsed share shall be distributed on a pro rata basis to the remaining residuary share(s) that are effectively disposed of (i.e., to the beneficiaries who do survive me).", | |
| "instructions":"When generating this article, always structure it clearly with each beneficiary listed separately (A, B, C, etc.), specifying their share, relationship, and conditions such as age or survivorship. Use clear and formal phrasing like \"I give my entire estate, of whatever kind and wherever located, including all real and personal property, tangible and intangible assets, and any interests therein, to be distributed equally among the following beneficiaries.\" Include \"outright and free of trust\" for each beneficiary unless otherwise required. If specific properties or assets are mentioned, list them explicitly at the end under a sentence such as \"This disposition includes, without limitation, my ownership interests in the following real properties.\"", | |
| "notes":"" | |
| }, | |
| { | |
| "id":"article_7", | |
| "title":"EXCLUDED INDIVIDUALS", | |
| "text":"\nI intentionally make no provision for [excludedIndividuals], and direct that [excludedIndividuals] shall not receive any share of my estate, nor shall [excludedIndividuals] be considered a beneficiary under any part of this Will. This exclusion is knowing and deliberate.", | |
| "instructions":"Only add this article if the user explicitly states they want to disinherit someone. Otherwise, this article must be omitted.", | |
| "notes":"" | |
| }, | |
| { | |
| "id":"article_8", | |
| "title":"TAKERS OF LAST RESORT", | |
| "text":"\nIf all of the foregoing provisions for distribution of my estate fail (for example, if none of the named beneficiaries survive me), then I direct that the residue of my estate be distributed to my Heirs. In this Will, “Heirs” means those persons who would be entitled to inherit my estate under the intestacy laws of the state in which I am domiciled at the time of my death, as if I had died unmarried and without a valid will. Any distribution to my Heirs under this article shall be made in the shares and manner provided by those intestacy laws (per stirpes or equivalent distribution if applicable).", | |
| "instructions":"Never make any changes to this article unless absolutely necessary to ensure the legal validity of this document", | |
| "notes":"" | |
| }, | |
| { | |
| "id":"article_9", | |
| "title":"GENERAL PROVISIONS", | |
| "text":"\n**A. Severability** — If any provision of this Will is held unenforceable or invalid by a court of competent jurisdiction, such determination shall not affect the validity of the remaining provisions. All remaining provisions shall be given effect to the maximum extent possible under governing law.\n\n**B. Survivorship** — A beneficiary (including any heir or descendant) shall be deemed to have predeceased me (and thus not entitled to receive property under this Will) unless such beneficiary survives me by at least thirty (30) days. If any provision of law would for any reason prohibit a beneficiary from inheriting property from me (for example, if the beneficiary caused my death or is otherwise disqualified), that beneficiary shall be treated as if he or she failed to survive me.\n\n**C. Payment of Taxes** — I direct that all estate, inheritance, and other death taxes (including any interest or penalties thereon) payable by reason of my death, with respect to all property included in my gross estate for tax purposes (whether passing under this Will or otherwise), be paid out of my residuary estate. These taxes shall not be apportioned among the beneficiaries of my estate unless the residue is insufficient to pay them. If the residue is insufficient, any remaining tax liability shall be apportioned pro rata among all recipients of assets included in my taxable estate, except that no tax shall be apportioned against any asset or recipient that is fully exempt from such taxes due to a marital or charitable deduction. (In other words, property qualifying for a full estate tax marital or charitable deduction shall bear none of the tax burden unless all non-qualifying property is exhausted.) This Subarticle C is not intended to override any specific direction in a beneficiary designation or other instrument regarding payment of taxes, and it shall not apply to any generation-skipping transfer taxes (which, if applicable, shall be allocated as provided by law or by the governing instrument).\n\n**D. HIPAA Release** — My Executor (including any successor or alternate Executor) is hereby designated as my “personal representative” for purposes of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. § 1320d, and its associated regulations (45 C.F.R. § 160.103, et seq.), and for purposes of any other federal or state medical privacy laws. I authorize any physician, health care provider, or custodian of my health records to disclose my protected health information to my Executor upon request. If for any reason any of my Executors (initial or successor) is not recognized as a personal representative under HIPAA, then I authorize any agent under my Durable Power of Attorney for Health Care (or other health care proxy) to disclose my protected health information to my Executor. This provision is intended to ensure that my Executor can obtain any of my medical information necessary to administer my estate (for example, to determine my cause of death or to handle insurance or benefit claims).\n\n**E. Construction and Gender** — In this Will, where the context so requires, the singular includes the plural and vice versa, and pronouns of any gender include the other gender. The words “including” or “includes” mean “including without limitation.” Section headings (Article and subarticle titles) are for convenience of reference only and shall not affect the interpretation of this Will.\n\n**F. Terminology** — The following definitions and rules of construction apply in this Will unless the context clearly indicates otherwise:\n\n1. “Descendants” – References to a “descendant” or “descendants” of a person refer to that person’s lineal descendants of all generations (children, grandchildren, etc.), with the relationship of parent and child at each generation to be determined in accordance with the applicable law of descent and distribution. An individual who is legally adopted (and the adoptive individual’s descendants) shall be included as a descendant of the adoptive parent, and not of any other person, except that an individual adopted after reaching the age of 18 (and their descendants) shall not be included as a descendant of the adopting parent for purposes of this Will. A person who is the biological child of someone but who has been legally adopted by another (and that person’s descendants) shall be considered a descendant of the adoptive parent and not of the biological parent (unless otherwise treated under applicable state law). A child in gestation at my death (conceived before my death and subsequently born alive) shall be considered a living descendant in being, provided the child lives at least 120 hours after birth. \n2. “Heirs” – References to “Heirs” shall mean those persons (including surviving spouse, if applicable) who would inherit from me under the intestacy laws of the state of my domicile at the time of my death (assuming I died intestate and unmarried at that time). A distribution to “my Heirs” means a distribution in accordance with the laws of intestate succession of that state, and per stirpes distribution shall be applied in any situation where those laws would direct a per stirpes (or equivalent) division among descendants.\n3. “Per Stirpes” Distribution – If any provision of this Will calls for property to be distributed to a person’s descendants “per stirpes,” the property shall be divided into as many equal shares as there are (a) living descendants in the nearest generation of that person which contains any living descendant, and (b) deceased descendants in the same generation who left descendants who survive the distribution date. Each living member of that nearest generation shall receive one share, and the share of each deceased member of that generation who has descendants living at the distribution date shall be divided equally among that deceased member’s descendants. This pattern of division shall continue down the generations such that the descendants of any deceased descendant who did not leave any surviving descendant at the distribution date receive nothing by virtue of that predeceased descendant.\n4. “Executor” – The term “Executor” as used in this Will is synonymous with and includes the terms “Personal Representative,” “Independent Executor,” “Executrix,” and (where applicable) “Trustee” of any trust created under this Will, as the context may require. The use of one term or title shall not restrict an Executor from exercising all powers and duties granted to an executor/personal representative under law. Any Executor named in this Will, including any alternate or successor, shall have all rights, powers, and immunities granted under this Will and by law, whether or not specifically enumerated herein.\n5. “Discretion” – Whenever my Executor (or any other fiduciary acting under this Will) is granted discretion to take or refrain from taking any action, such “discretion” shall be interpreted as sole, absolute, and unfettered discretion. In other words, the decision of my Executor shall be final and binding as to any discretionary act, and no Executor shall be liable for the exercise or non-exercise of such discretion if made in good faith.\n\n**G. Spendthrift Provision** — Except as otherwise provided by law, until actual distribution to a beneficiary, no interest given under this Will (whether of income or principal) shall be subject to voluntary or involuntary transfer, assignment, anticipation, or seizure by any creditor of that beneficiary. Prior to being received by the beneficiary, such interest shall not be subject to attachment or other legal process by any creditor. Any attempt to assign or encumber an expected interest by a beneficiary before distribution shall be null and void.\n\n**H. Beneficiary Receiving Government Benefits** — If any beneficiary under this Will (hereinafter referred to in this Subarticle I as the “Beneficiary”) is receiving, or is likely to be eligible to receive, needs-based government assistance or benefits (such as Medicaid, Supplemental Security Income (SSI), or similar state or federal programs), then notwithstanding any other provision of this Will, my Executor is authorized to withhold any outright distribution that would otherwise be made to that Beneficiary and instead to create a trust (hereinafter an “SNT” or “Supplemental Needs Trust”) for the sole benefit of that Beneficiary. The intent of the SNT is to provide for the Beneficiary’s supplemental needs without disqualifying the Beneficiary from essential government benefits. Each such SNT shall be administered as follows:\n\n1. **Intent**. The assets of any SNT created under this Subarticle are to be used to supplement, not supplant or replace, the government benefits or assistance for which the Beneficiary is eligible. The trust’s funds should be applied to improve the Beneficiary’s quality of life in addition to what is provided by public assistance programs. In determining whether to use SNT funds for a particular expense, the Trustee of the SNT (initially, the Executor, serving as Trustee) shall consider the availability of benefits from government or other assistance programs and, where possible, shall maximize the use of those benefits for the Beneficiary before expending trust funds. It is my intent that the Trustee only use trust assets for expenses that go beyond what government assistance provides, unless failing to do so would be detrimental to the Beneficiary’s well-being. \n2. **Distribution Guidelines**. The Trustee shall hold, invest, and administer the SNT assets, and may pay or apply for the Beneficiary’s benefit as much of the net income and principal of the SNT as the Trustee, in the Trustee’s sole and absolute discretion, deems advisable from time to time for the Beneficiary’s supplemental needs (consistent with the intent stated above). Any net income not paid or applied for the Beneficiary shall be accumulated and added to principal. Except as provided below or otherwise allowed under relevant law, the Trustee shall not pay or distribute any SNT funds in a manner that would supplant or replace government aid or benefits available to the Beneficiary if the SNT funds were not available. The following additional provisions apply to distributions: \n 1. *Notwithstanding* the above general restriction, the Trustee may (but is not required to) make distributions from the SNT for the Beneficiary’s food, shelter, health care or other needs even if such distributions may result in a reduction or loss of the Beneficiary’s government benefits, if the Trustee determines that (i) the Beneficiary’s needs would be better met by making the distribution, and (ii) it is in the Beneficiary’s best interest to suffer the potential loss or reduction of benefits in order to receive the distribution. However, if the mere existence of the Trustee’s authority to make such distributions would cause the Beneficiary to become ineligible for benefits (even if the Trustee never actually exercises the authority), then this provision permitting those distributions shall be null and void, and the Trustee’s authority to distribute SNT funds shall be limited as otherwise provided in this Subarticle I, without exception. \n 2. Subject to the foregoing restrictions, the Trustee may utilize the SNT’s income and principal to provide the Beneficiary with comforts and luxuries that cannot be paid for by public assistance. For example, the Trustee may pay for such items as: \n 1. recreational opportunities and travel for the Beneficiary (including transportation costs for the Beneficiary or family members, to facilitate maintaining personal relationships), \n 2. advanced or privately available medical, dental, or diagnostic treatment or therapy (beyond basic care provided by public benefits), \n 3. private rehabilitation, training, or education programs, \n 4. entertainment and electronics, and generally for goods and services that enhance the Beneficiary’s life.\n\n The Trustee’s decisions regarding supplemental distributions shall be final and not subject to challenge by any party, including any government agency, even if the Trustee elects to make no distributions at all. No person or entity (including any court) shall have the right to demand distribution from the SNT or to substitute their judgment for that of the Trustee.\n\n 3. The Trustee shall make a good-faith effort to identify and obtain all governmental or charitable benefits for which the Beneficiary may be eligible, and to this end the Trustee may seek assistance from knowledgeable individuals or organizations. However, the Trustee shall not be liable to any contingent remainder beneficiary or any other party for not obtaining or not maximizing such benefits, so long as the Trustee’s decisions are made in good faith. The Beneficiary’s interest in receiving the best care and support shall outweigh any interest of possible remainder beneficiaries in preserving the trust principal. \n 4. The Trustee shall not use SNT funds to pay for any service or item that a government program or agency is legally responsible to provide to the Beneficiary. If any government agency or program requests that SNT funds be used to reimburse or pay for services that should be provided by that agency or program (or requests that the Trustee petition a court for such use), the Trustee shall deny such request and may defend the trust (at the trust’s expense) against such request. The Trustee is authorized to take any legal action necessary to protect the trust assets for their intended use, including seeking a ruling that the existence of the SNT does not disqualify the Beneficiary from benefits. \n3. **Distributions Cannot Be Compelled.** To the fullest extent permitted by law, no law or court shall be construed to require or compel, against the Trustee’s discretion, any payment or distribution from the SNT for the benefit of the Beneficiary. The Beneficiary (or any guardian or representative of the Beneficiary) shall have no right or power to compel distributions from the SNT, and no creditor or governmental authority shall have any right to demand payment from the SNT for any reason. \n4. **Trust Restrictions.** Notwithstanding any other provision of this Will, the following restrictions apply to each SNT established under this Subarticle I: (a) The Beneficiary of the SNT (for whom the trust is established) shall have no power to assign, convey, pledge, or transfer any interest in the SNT, nor shall the Beneficiary have any legal entitlement to demand distributions. (b) The Beneficiary shall have no power to direct the Trustee to make any distribution, and no power to terminate the trust or to designate or change the remainder beneficiaries of the trust. (c) The Beneficiary (and the Beneficiary’s spouse, if any) shall not contribute or transfer any assets to the SNT, either during life or by Will. (d) No part of the SNT shall be considered part of the Beneficiary’s own estate for purposes of eligibility for public benefits, and no part of the SNT shall be subject to claims by any creditor of the Beneficiary. In particular, trust assets shall not be liable for any claim for the provision of care or services to the Beneficiary by any governmental entity or agency. If any provision of this Subarticle I is found to conflict with this clause (d) or to cause the Beneficiary’s disqualification for benefits, such provision shall be deemed void or shall be construed in such a way as to preserve the Beneficiary’s eligibility. \n5. **Early Termination of SNT (Prior to Beneficiary’s Death).** The Trustee may terminate an SNT prior to the Beneficiary’s death (and distribute the trust assets outright to the Beneficiary) if both of the following conditions are met: (a) The Beneficiary has become financially self-sufficient, as evidenced by gainful employment or other means of support for at least two continuous years; and (b) A qualified medical professional (treating physician) certifies in writing that the Beneficiary’s disability or condition no longer substantially impairs the Beneficiary’s ability to be self-supporting. Even if these conditions are met, the Trustee is not obligated to terminate the trust early; this decision is left to the Trustee’s sole discretion, based on the facts and circumstances at that time. If the Trustee does choose to terminate the SNT under this provision, the Trustee shall thereafter distribute the remaining trust assets to or for the benefit of the Beneficiary as if the trust had been converted to a general support trust for that Beneficiary. In doing so, the Trustee should use the trust funds for the Beneficiary’s health, education, maintenance, and support (taking into account the Beneficiary’s other resources), even if such distributions ultimately exhaust the trust. Any undistributed net income at the time of termination may be added to principal. \n6. **Termination at Beneficiary’s Death.** Unless earlier terminated as provided above, each SNT created under this Subarticle I shall continue for the Beneficiary’s lifetime and shall terminate upon the Beneficiary’s death. Upon such termination, the Trustee shall distribute any remaining principal and accumulated income of the SNT to the Beneficiary’s then-living descendants, per stirpes. If the Beneficiary dies without living descendants, the remaining trust property shall be distributed to my then-living descendants, per stirpes (or, if I have no living descendants at that time, then to my Heirs as determined under the applicable provisions of this Will). \n\n**I. No Contest Clause** — If any beneficiary of my estate (or other interested person) directly or indirectly initiates a legal challenge to this Will or its provisions, any share or benefit given to that person is hereby revoked and shall be disposed of as if that person had predeceased me (or failed to survive me, as applicable). Specifically, if any beneficiary under this Will, or any heir of mine, contests or seeks to invalidate this Will (or any provision of it) in any court proceeding, or joins or voluntarily aids in any such proceeding (except as a party defendant to defend the Will), then all provisions in my Will for the benefit of that contesting party are revoked. Those revoked shares shall pass as if the contesting party did not survive me or was otherwise disqualified.\n\nThis Subarticle I is a purposeful no-contest clause (in terrorem clause). It shall not apply, however, if a court of competent jurisdiction ultimately determines that the contest was brought in good faith and with probable cause. Each benefit conferred by this Will is made on the condition that the beneficiary accepts all provisions of this Will, including this no-contest clause, as binding. My Executor is authorized to defend any such contest and to use estate funds to do so. Any beneficiary who challenges this Will, but fails to prevail under the standards above, shall reimburse my estate for all costs and expenses (including reasonable attorneys’ fees) incurred in connection with defending against that contest, and the Executor may withhold such amounts from any distributions that would otherwise be made to the contesting beneficiary (if any remain after applying this clause).", | |
| "instructions":"", | |
| "notes":"" | |
| }, | |
| { | |
| "id":"article_10", | |
| "title":"FUNERAL INSTRUCTIONS", | |
| "text":"\nAll of my funeral and burial or cremation expenses, and all expenses of administering my estate (including executor’s fees and attorney’s fees), shall be paid out of my residuary estate as expenses of administration, without apportionment against any beneficiary. If the residue of my estate is insufficient to pay such expenses, the shortfall shall be paid pro rata from other assets passing by reason of my death (to the extent permitted by law).\n\nI request that my remains be [insert method and details of disposition] and that [insert funeral wishes like ‘a service be held in accordance with my personal wishes, to the extent practicable’].", | |
| "instructions":"Always keep the first, generic part of the funeral instructions. Adjust the last sentence (which contains the placeholders) if the user provided funeral instructions, or remove the last sentence if no instructions are provided, either explicitly or implicitly.", | |
| "notes":"" | |
| }, | |
| { | |
| "id":"article_11", | |
| "title":"WILLMAKER", | |
| "text":"\nIN WITNESS WHEREOF, I, the undersigned Testator, sign my name to this Last Will and Testament on this ___ day of _________***,*** 20___, at ____________ (city) in the State of [testatorState], declaring it to be my Last Will, in the presence of the witnesses below, who I have requested to act as witnesses hereto.\n\n*(Signature of Testator)*: _____________________________________________________ \n\nDate: __________________\n\n**[testatorFullName]**, Testator", | |
| "instructions":"", | |
| "notes":"" | |
| }, | |
| { | |
| "id":"article_12", | |
| "title":"WITNESSES", | |
| "text":"\nOn the date written below, [testatorFullName], the above-named Testator, declared to us that this instrument, consisting of 10 pages (including this page), is [testatorFullName]’s Last Will and Testament, and requested us to act as witnesses thereto. We, the undersigned, each do hereby certify that:\n\n* The Testator signed this Will in our presence (or acknowledged [testatorFullName]’s prior signature on this Will to us), and we each signed this Will as witnesses at the Testator’s request; \n* We signed in the presence of the Testator and in the presence of each other, all of us being present at the same time; \n* To the best of our knowledge, the Testator was of sound mind and memory, and not acting under duress, menace, fraud, or undue influence; and \n* Each of us is a competent witness and is of suitable age to witness a will, and each of us has signed our name below and provided our address.\n\nWe declare under penalty of perjury under the laws of the State of [testatorState] that the foregoing statements are true and correct.\n\nExecuted on the ___ day of _________***,*** 20___, at ____________ (city), [testatorState].\n\n________________________ _______________________ \nSignature of First Witness Signature of Second Witness \n\n________________________ _______________________ \nName of First Witness Name of Second Witness \n\n________________________ _______________________ \nAddress of First Witness Address of Second Witness", | |
| "instructions":"", | |
| "notes":"" | |
| }, | |
| { | |
| "id":"article_13", | |
| "title":"SELF-PROVING AFFIDAVIT", | |
| "text":"\n**State of [testatorState], County of** __________________\n\nBefore me, the undersigned authority, on this day personally appeared **[testatorFullName]**, and the witnesses _________________________ and _________________________, who are known to me (or proven by valid identification) to be the Testator and the witnesses, respectively, whose names are subscribed to the attached or foregoing Last Will and Testament, and all of the above persons, being first duly sworn, did depose and say:\n\nThe Testator, **[testatorFullName]**, declared to me and to the witnesses in my presence that the foregoing instrument is [his/her] Last Will and Testament, and that [he/she] had willingly signed it (or directed another to sign it on [his/her] behalf) and executed it as [his/her] free and voluntary act for the purposes expressed therein.\n\nThe witnesses each stated, on oath, to me, in the presence and hearing of the Testator, that *they* witnessed the Testator sign the Will (or the Testator’s acknowledgement of an earlier signature or execution) and that each witness signed the Will in the presence of the Testator and in the presence of each other. The witnesses further stated that the Testator was, at that time, at least eighteen (18) years of age or otherwise legally competent to make a will, and was of sound mind, and that each witness was then a competent adult and was at least fourteen (14) years of age.\n\n**Testator:** _______________________ \nSignature of [testatorFullName], Testator \n\n**Witnesses:** \n\n________________________ _______________________ \nSignature of First Witness Signature of Second Witness \n\n________________________ _______________________ \nName of First Witness Name of Second Witness \n\nSubscribed, sworn and acknowledged before me by **[testatorFullName]**, Testator, and subscribed and sworn before me by the above-named witness(es), this ___ day of _________***,*** 20___.\n\n__________________________________________ (Seal) \nNotary Public, State of [testatorState]\n\nMy Commission Expires: _________________ ", | |
| "instructions":"", | |
| "notes":"" | |
| } | |
| ], | |
| "nonMainArticleIds": ["article_11", "article_12", "article_13"] | |
| } |
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