Complex Will with Trust

COMPLEX WILL WITH TESTAMENTARY TRUST

(Alabama)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Revocation of Prior Instruments
4. Appointment of Personal Representative
5. Payment of Debts, Taxes, and Expenses
6. Specific Bequests
7. Residuary Estate and Creation of the “Family Trust”

8. Testamentary Trust Provisions
   8.1 Name and Purpose
   8.2 Funding and Trust Property
   8.3 Beneficiaries and Beneficial Interests
   8.4 Discretionary and Mandatory Distributions
   8.5 Trustee Designations
   8.6 Trustee Powers
   8.7 Fiduciary Standards; Reimbursement; Statutory Liability Rules
   8.8 Spendthrift and Creditor Protection
   8.9 Accounting, Reporting, and Court Supervision
   8.10 Termination of Trust and Final Distribution

9. Guardianship of Minor Children (optional)

10. Fiduciary & Administrative Provisions
11. Governing Law and Court Jurisdiction
12. Personal Representative Bond Direction
13. Simultaneous Death & Survivorship Period
14. Miscellaneous Clauses
15. Execution & Attestation
16. Simultaneous Self-Proving Declarations and Certificate (Ala. Code § 43-8-132)

1. DOCUMENT HEADER

THIS LAST WILL AND TESTAMENT WITH TESTAMENTARY TRUST (the “Will”) is made this ___ day of __________, 20___ by [Testator’s Full Legal Name], a resident of [County] County, Alabama (“Testator”).

I am at least eighteen years of age and of sound mind as required by Ala. Code § 43-8-130, and I act voluntarily. I intend this Will to dispose of my estate and create the testamentary trust stated below.

2. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below. Terms not defined retain their ordinary legal meaning under Alabama law.

“Child/Children” – The lawful, living descendants in the first degree of Testator, specifically [Names], and any later-born or adopted child of Testator who survives the Survivorship Period.
“Family Trust” – The testamentary trust established under Article 7 of this Will.
“Personal Representative” – The Executor/Executrix appointed in Article 4.
“Qualified Beneficiary” – As that term is defined in Ala. Code § 19-3B-103(14).
“Residuary Estate” – All property not effectively disposed of by the preceding Articles.
“Survivorship Period” – The thirty (30) consecutive days immediately following Testator’s death. This express period replaces the five-day default that otherwise applies under Ala. Code § 43-8-220.
“Trustee” – The fiduciary or fiduciaries serving from time to time under the Family Trust.

3. REVOCATION OF PRIOR INSTRUMENTS

I hereby revoke all prior wills and codicils made by me at any time heretofore.

4. APPOINTMENT OF PERSONAL REPRESENTATIVE

4.1 Primary Appointment. I nominate [Primary Executor Name] of [City, State] 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].

4.3 Powers. Subject to fiduciary duties, creditor priorities, this Will, and any court order, my Personal Representative may exercise the transactions authorized by Ala. Code § 43-2-843. I also expressly authorize the transactions listed in Ala. Code § 43-2-844, including sale, mortgage, lease, exchange, repair, development, or other disposition or management of estate property, without prior court approval to the extent the statute permits express authorization by will.

4.4 Compensation and Bond. The Personal Representative is entitled to compensation allowed by law. Bond is addressed in Article 12 and remains subject to the protective exceptions in Ala. Code § 43-2-851(c).

5. PAYMENT OF DEBTS, TAXES, AND EXPENSES

My Personal Representative shall pay enforceable claims, funeral and burial expenses, administration expenses, and taxes only in the priority, amount, and manner required by applicable law, after reserving amounts reasonably needed to administer the estate.

6. SPECIFIC BEQUESTS

I devise and bequeath the following:

1. [Description of Asset] to [Beneficiary Name].
2. [Cash Amount] to [Charity / Individual].

7. RESIDUARY ESTATE AND CREATION OF THE “FAMILY TRUST”

7.1 I devise, bequeath, and appoint my entire Residuary Estate to the Trustee, IN TRUST, to be held, managed, and distributed according to the provisions of Article 8 (the “Family Trust”).

7.2 The Family Trust is created by this Will under Ala. Code §§ 19-3B-401 and 19-3B-402. Its terms must be administered under this Will and the mandatory rules of applicable Alabama law.

8. TESTAMENTARY TRUST PROVISIONS

8.1 Name and Purpose

The trust shall be known as the [Testator Last Name] Family Trust and is intended to (i) provide long-term financial support to the Beneficiaries, (ii) protect trust assets from unnecessary depletion and creditor claims, and (iii) facilitate prudent, tax-efficient transfers across generations.

8.2 Funding and Trust Property

The Trust shall be funded by:
a. The Residuary Estate under Article 7;
b. Any property passing to the Trust by beneficiary designation or disclaimer; and
c. Additions by inter vivos or testamentary transfer from any person, with the Trustee’s consent.

8.3 Beneficiaries and Beneficial Interests

Primary Beneficiaries: [Names of Children/Other] in equal shares, per stirpes.
Contingent Beneficiaries: [Names].

8.4 Discretionary and Mandatory Distributions

8.4.1 Health, Education, Maintenance & Support (HEMS). Until termination, the Trustee may distribute to or for the benefit of any Beneficiary so much of the net income and principal as the Trustee, in its sole and absolute discretion, deems advisable for the Beneficiary’s health, education, maintenance, or support (“HEMS Standard”).

8.4.2 Age-Based Mandatory Distributions. Subject to the Spendthrift Clause, the Trustee shall distribute to each Primary Beneficiary one-third (⅓) of such Beneficiary’s share at age [25], one-half (½) of the remainder at age [30], and the balance at age [35].

8.4.3 Optional Protective Continuation. ☐ If selected, notwithstanding Section 8.4.2, the Trustee may defer a distribution while [OBJECTIVE PROTECTIVE EVENT] continues, but no later than [OUTSIDE DATE OR AGE], and may apply the deferred share for that Beneficiary under the HEMS Standard.

8.5 Trustee Designations

a. Initial Trustee: [Trustee Name]
b. First Successor Trustee: [Name]
c. Second Successor Trustee: [Name]

Removal. The Settlor, a co-trustee, or a beneficiary may request judicial removal. A Trustee may be removed only by a court on the grounds and findings required by Ala. Code § 19-3B-706; this Will does not create a court-free beneficiary-removal power.

Vacancy. If no designated Trustee is able to serve and no co-trustee remains, the vacancy shall be filled under Ala. Code § 19-3B-704: first by a successor named in this Will, then by unanimous agreement of the adult Qualified Beneficiaries and any entity that is a Qualified Beneficiary, and then by court appointment.

Compensation and Expenses. A Trustee is entitled to the compensation stated here: [COMPENSATION TERMS OR “REASONABLE COMPENSATION”], subject to Ala. Code § 19-3B-708, and to reimbursement only as allowed by § 19-3B-709.

8.6 Trustee Powers

Subject to fiduciary duties and the terms of this Will, the Trustee may exercise the general powers in Ala. Code § 19-3B-815 and the specific powers in the then-current version of § 19-3B-816, including authority to:

1. Invest and reinvest in any kind of property, real or personal;
2. Acquire, dispose of, or encumber trust assets;
3. Employ and compensate professionals;
4. Allocate receipts and expenses between income and principal as applicable law permits;
5. Make tax elections and divide or distribute property in cash or in kind; and
6. Employ and compensate attorneys, accountants, investment advisers, and other agents.

Section 19-3B-816 is amended by Act 2026-584 effective October 1, 2026. Alabama counsel shall confirm the version in effect when a power is exercised. Any delegation must satisfy the selection, scope, and monitoring duties in Ala. Code § 19-3B-807. Any affiliate transaction must comply with the loyalty and disclosure rules in § 19-3B-802.

8.7 Fiduciary Standards; Reimbursement; Statutory Liability Rules

a. Standard of Care. The Trustee shall administer the Trust in good faith according to its terms, purposes, beneficiary interests, and applicable law, and shall exercise reasonable care, skill, and caution. Ala. Code §§ 19-3B-801 and 19-3B-804.

b. Loyalty. The Trustee shall administer the Trust solely in the interests of the Beneficiaries and shall handle conflicts under Ala. Code § 19-3B-802.

c. Reimbursement. The Trustee is entitled to reimbursement from Trust property only as provided by Ala. Code § 19-3B-709. This Will does not excuse a breach committed in bad faith or with reckless indifference, and any exculpatory term is limited by § 19-3B-1008.

d. Personal Liability. Contract, tort, and property-based claims involving the Trustee are governed by Ala. Code § 19-3B-1010. This Will does not impose a blanket “Trust assets only” liability cap.

8.8 Spendthrift and Creditor Protection

Each Beneficiary’s interest is held subject to a spendthrift trust. Both voluntary and involuntary transfer are restrained before receipt to the extent provided by Ala. Code § 19-3B-502 and the other creditor-rights rules in applicable law.

8.9 Accounting, Reporting, and Court Supervision

a. Information and Reports. The Trustee shall provide notices, information, annual reports, and a final report to the persons and at the times required by Ala. Code § 19-3B-813. The annual report must address Trust property, liabilities, receipts, disbursements, Trustee compensation, and Trust assets and values to the extent feasible.

b. Records. The Trustee shall keep adequate administration records, keep Trust property separate from the Trustee’s property, and identify Trust ownership as required by Ala. Code § 19-3B-810.

c. Court Supervision and Forum. The Trust is not subject to continuing judicial supervision unless ordered by a court. Ala. Code § 19-3B-201. Under § 19-3B-203, the circuit court generally has exclusive subject-matter jurisdiction; a probate court with statutory equitable jurisdiction has concurrent jurisdiction. Venue is determined under § 19-3B-204, not solely by this Will.

8.10 Termination of Trust and Final Distribution

The Trust shall terminate upon the earlier of:

1. The final mandatory distribution under Section 8.4.2 to the youngest Primary Beneficiary;
2. The death of the last surviving Primary Beneficiary; or
3. A lawful termination under Ala. Code § 19-3B-414 because the Trust is uneconomic to administer. The statutory threshold is CPI-adjusted and published by the State Treasurer; the Trustee shall use the amount in effect at the time and provide the required notice to Qualified Beneficiaries.

Upon termination, the Trustee shall distribute the Trust property consistently with the Trust’s purposes, provide the final report required by law, and seek any appropriate release or judicial relief.

9. GUARDIANSHIP OF MINOR CHILDREN (IF APPLICABLE)

I nominate [Guardian Name] of [City, State] as guardian of the person of any minor child of mine, and [Alternate Guardian] as alternate. I separately nominate [Conservator Name] as conservator of the child’s property, subject in each case to appointment and supervision under applicable law.

10. FIDUCIARY & ADMINISTRATIVE PROVISIONS

10.1 Survivorship Presumed. Unless contrary evidence is produced, any person not proven to have survived me by the Survivorship Period shall be deemed to have predeceased me.

10.2 Bond Requests. I request that no Personal Representative be required to furnish bond, subject to Article 12. Any bond for a Trustee, Guardian, or Conservator is governed by the law applicable to that office; this Will does not create a blanket statutory exemption for every fiduciary.

10.3 Digital Assets. Under Ala. Code § 19-1A-4, I consent to disclosure to my Personal Representative and Trustee of the content of my electronic communications and my other digital assets, except to the extent I give a controlling direction through a custodian’s online tool. My fiduciaries may request disclosure and exercise authority only under Ala. Code §§ 19-1A-7, 19-1A-8, and 19-1A-15, applicable federal law, and the governing terms of service.

10.4 Disaster Clause. If all of my descendants and the persons named as Beneficiaries herein fail to survive me, I give the residue of my estate to [Default Charity or Heirs-at-Law].

11. GOVERNING LAW AND COURT JURISDICTION

This Will and the Family Trust shall be governed by Alabama law to the extent Alabama choice-of-law rules permit. Probate of this Will and administration of my estate shall proceed in the court with jurisdiction under applicable probate law. Trust proceedings shall follow Ala. Code §§ 19-3B-201 through 19-3B-204; this Will does not confer subject-matter jurisdiction on a court or impose a testamentary jury waiver on persons who have not agreed to one.

12. PERSONAL REPRESENTATIVE BOND DIRECTION

Pursuant to Ala. Code § 43-2-851(c), I exempt my Personal Representative from giving bond. The court may nevertheless require bond if an interested person makes the statutory affidavit showing endangered interests or if the court concludes that the estate is likely to be wasted to another person’s prejudice.

13. SIMULTANEOUS DEATH & SURVIVORSHIP PERIOD

Each beneficiary must survive me by the Survivorship Period to receive a gift under this Will. A beneficiary who does not do so is treated as having predeceased me. This express condition controls instead of the five-day default in Ala. Code § 43-8-220, consistent with §§ 43-8-220 and 43-8-222.

14. MISCELLANEOUS CLAUSES

14.1 Headings. Article and section headings are for convenience only and shall not affect interpretation.

14.2 Severability. If any provision is held invalid, the remaining provisions shall remain in full force and effect.

14.3 Integration. This Will constitutes my entire testamentary disposition and supersedes all prior testamentary instruments.

14.4 Gender & Number. Words of any gender include all genders; singular includes plural and vice versa as context requires.

15. EXECUTION & ATTESTATION

IN WITNESS WHEREOF, I, [Testator Name], the Testator, sign my name to this Will on the date first above written, at [City, Alabama], declaring that I understand and sign this instrument voluntarily and that it expresses my testamentary intent.

_________________________________
[TESTATOR NAME], Testator

We, the undersigned witnesses, sign this Will after witnessing either the Testator’s signing or the Testator’s acknowledgment of the signature or of the Will, as required by Ala. Code § 43-8-131.

1. _________________________________
   [Witness #1 Name]
   Address: ___________________________

2. _________________________________
   [Witness #2 Name]
   Address: ___________________________

16. SIMULTANEOUS SELF-PROVING DECLARATIONS AND CERTIFICATE

(Ala. Code § 43-8-132(a); use the later-execution form in subsection (b) if self-proof occurs after execution)

I, [TESTATOR NAME], the Testator, sign my name to this instrument this ___ day of __________, 20___, and, being first duly sworn, declare to the undersigned authority that I sign and execute this instrument as my Last Will, that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes expressed in it, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.

_________________________________
[TESTATOR NAME], Testator

We, [WITNESS #1 NAME] and [WITNESS #2 NAME], the witnesses, sign our names to this instrument, being first duly sworn, and declare to the undersigned authority that the Testator signs and executes this instrument as the Testator’s Last Will and signs it willingly (or willingly directs another to sign), that each of us, in the presence and hearing of the Testator, signs this Will as witness to the Testator’s signing, and that to the best of our knowledge the Testator is eighteen years of age or older, of sound mind, and under no constraint or undue influence.

_________________________________
[WITNESS #1 NAME], Witness

_________________________________
[WITNESS #2 NAME], Witness

STATE OF [________________]
COUNTY OF [________________]

Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], the Testator, and subscribed and sworn to before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], witnesses, this ___ day of __________, 20___.

[OFFICIAL SEAL]

_________________________________
Signature of Officer

_________________________________
Official Capacity of Officer

SOURCES AND REFERENCES

• Ala. Code §§ 43-8-130 through 43-8-136 (official will-execution provisions)
• Ala. Code §§ 43-8-220 and 43-8-222 (official survivorship provisions)
• Ala. Code §§ 43-2-843, 43-2-844, 43-2-848, and 43-2-851 (official estate-administration provisions)
• Ala. Code §§ 19-3B-103 and 19-3B-201 through 19-3B-204 (official trust definitions and court provisions)
• Ala. Code §§ 19-3B-401, 19-3B-402, 19-3B-414, 19-3B-502, 19-3B-704, 19-3B-706, 19-3B-708, 19-3B-709, 19-3B-801, 19-3B-802, 19-3B-804, 19-3B-807, 19-3B-810, 19-3B-813, 19-3B-815, and 19-3B-816
• Ala. Code §§ 19-3B-1001, 19-3B-1008, and 19-3B-1010 (official trustee-liability provisions)
• Ala. Code §§ 19-1A-4, 19-1A-7, 19-1A-8, and 19-1A-15 (official digital-assets provisions)

This template is provided for informational purposes only and does not constitute legal advice. Alabama execution, self-proof, probate, tax, fiduciary, trust-distribution, and court-jurisdiction provisions require review by qualified Alabama estate-planning counsel before use.