LAST WILL AND TESTAMENT

AND TESTAMENTARY TRUST

OF [TESTATOR FULL LEGAL NAME]

(California Probate Code–Compliant)

TABLE OF CONTENTS

1 Document Header and Recitals
2 Definitions
3 Operative Provisions
 3.1 Revocation of Prior Wills and Codicils
 3.2 Payment of Debts, Expenses, and Taxes
 3.3 Appointment of Personal Representative (Executor)
 3.4 Creation of Testamentary Trust
4 Representations and Warranties
5 Covenants and Restrictions
6 Default and Remedies
7 Risk Allocation
8 Dispute Resolution
9 General Provisions
10 Execution Block

[// GUIDANCE: Page numbers intentionally omitted—populate after final formatting.]

1 DOCUMENT HEADER AND RECITALS

1.1 Testator Information. I, [TESTATOR FULL LEGAL NAME], a resident of [COUNTY] County, California, being of sound mind and over eighteen (18) years of age, hereby declare this instrument to be my Last Will and Testament (the “Will”).

1.2 Effective Date; Governing Law. This Will is executed on [DATE] (the “Effective Date”) and shall be governed by and construed in accordance with the laws of the State of California, including the California Probate Code (the “Governing Law”).

1.3 Intent and Consideration. In consideration of the natural love and affection for my family and other named beneficiaries, and for other good and valuable consideration, I hereby dispose of my estate as provided herein.

1.4 Revocation. I hereby revoke all prior wills and codicils executed by me.

2 DEFINITIONS

Unless otherwise required by the context, capitalized terms shall have the meanings set forth below:

“Appointee” means any person appointed to receive property under a power of appointment created herein.

“Beneficiary” means any person or entity entitled to receive distributions from the Trust Estate in accordance with this Will.

“Child” or “Children” means a biological or legally adopted child of the Testator and includes posthumous children.

“Executor” means the Personal Representative appointed in Section 3.3.

“Fiduciary” means the Executor, Trustee, or any successor fiduciary acting hereunder.

“Per Stirpes” shall have the meaning set forth in Cal. Prob. Code § 240.

“Residue” means all property of my probate estate not otherwise specifically devised herein.

“Testamentary Trust” or “Trust” means the trust created under Section 3.4.

“Trust Estate” means all property allocated or added to the Trust, together with all accumulations and proceeds therefrom.

“Trustee” means the person or entity serving as trustee of the Testamentary Trust, including any successor trustee.

[// GUIDANCE: Add, modify, or delete definitions to suit client’s estate plan.]

3 OPERATIVE PROVISIONS

3.1 Revocation of Prior Wills and Codicils

See Section 1.4.

3.2 Payment of Debts, Expenses, and Taxes

3.2.1 I direct my Executor to pay all funeral expenses, last illness expenses, valid debts, and costs of administration of my estate as soon as practicable, using estate funds that are not otherwise specifically devised.
3.2.2 All estate, inheritance, generation-skipping transfer, and other death taxes attributable to property passing under this Will or otherwise shall be paid from my Residue without apportionment, unless inconsistent with applicable tax elections made by the Executor.

3.3 Appointment of Personal Representative (Executor)

3.3.1 I nominate [PRIMARY EXECUTOR NAME] as Executor. If [HE/SHE/THEY] fail or cease to serve, I nominate [ALTERNATE EXECUTOR NAME].
3.3.2 Bond. No bond shall be required of any Executor unless mandated by court order.
3.3.3 Powers. The Executor shall have all powers granted under Cal. Prob. Code §§ 9600-9653 and any additional powers reasonably necessary to administer my estate.

3.4 Creation of Testamentary Trust

3.4.1 Name; Existence. Upon my death, the “[TESTATOR NAME] Testamentary Trust” is hereby created.
3.4.2 Funding. The Trust shall be funded with (a) the Residue, and (b) any other property transferred to the Trustee in writing by the Executor or any third party.
3.4.3 Trustee Appointment. I appoint [PRIMARY TRUSTEE NAME] as initial Trustee. If [HE/SHE/THEY] fail or cease to serve, [ALTERNATE TRUSTEE NAME] shall serve.
3.4.4 Beneficiaries.
 (a) Primary Beneficiaries: [LIST NAME(S) AND RELATIONSHIP(S)].
 (b) Contingent Beneficiaries: [LIST NAME(S)] per stirpes.
3.4.5 Distributions.
 (a) Income. The Trustee shall distribute to or for the benefit of the primary Beneficiaries so much of the net income and principal as the Trustee, in the Trustee’s sole and absolute discretion, deems necessary for their health, education, maintenance, and support (“HEMS Standard”) until the [BENEFICIARY AGE/MILESTONE].
 (b) Principal. Upon the [BENEFICIARY AGE/MILESTONE], the Trustee shall distribute the remaining Trust Estate outright and free of trust to such Beneficiary.
3.4.6 Termination. The Trust shall terminate upon the final distribution of all Trust Estate pursuant to Section 3.4.5(b).
3.4.7 Spendthrift Clause. All interests of Beneficiaries are subject to a spendthrift trust under Cal. Prob. Code § 15300 et seq.

4 REPRESENTATIONS AND WARRANTIES

4.1 Capacity. I represent that, as of the Effective Date, I have testamentary capacity and am executing this Will voluntarily.

4.2 Family Status. I represent that [SPOUSE NAME] is my lawful spouse and that I have [NUMBER] living Children identified in Schedule A.

4.3 No Undue Influence. I warrant that no person has exerted undue influence over me in the preparation or execution of this Will.

4.4 Survival. The representations and warranties in this Section 4 shall survive my death and may be relied upon by any Fiduciary or interested party.

5 COVENANTS AND RESTRICTIONS

5.1 Fiduciary Standards. Each Trustee shall:
 (a) Administer the Trust solely in the interests of the Beneficiaries (Cal. Prob. Code § 16002);
 (b) Exercise reasonable care, skill, and caution (Cal. Prob. Code § 16040); and
 (c) Comply with the prudent investor rule (Cal. Prob. Code § 16047).

5.2 Record-Keeping. The Trustee shall maintain complete and accurate records and shall provide annual accountings to the Beneficiaries and, upon request, to the court having jurisdiction.

5.3 Notice of Significant Events. The Trustee shall provide prompt written notice to all adult Beneficiaries of any removal, resignation, or appointment of a successor Trustee and any material litigation involving the Trust.

6 DEFAULT AND REMEDIES

6.1 Events of Default. The following constitute “Events of Default” by a Trustee:
 (a) Breach of fiduciary duty;
 (b) Failure to provide required accountings;
 (c) Misapplication or self-dealing with Trust assets; or
 (d) Incapacity or conviction of a crime involving dishonesty.

6.2 Notice and Cure. Upon written notice by any Beneficiary or co-Trustee specifying the alleged default, the Trustee shall have thirty (30) days to cure, except that no cure period applies to willful misconduct or misappropriation.

6.3 Remedies. If an Event of Default is not timely cured, any Beneficiary may petition the California probate court for (i) removal of the Trustee, (ii) appointment of a successor, (iii) surcharge, (iv) disgorgement, and/or (v) injunctive relief to prevent further harm.

6.4 Attorneys’ Fees and Costs. The prevailing party in any action arising under this Section 6 shall be entitled to reasonable attorneys’ fees and costs, payable from the Trust Estate unless the court orders otherwise.

7 RISK ALLOCATION

7.1 Indemnification of Trustee. To the fullest extent permitted under Governing Law, the Trustee shall be indemnified and held harmless out of the Trust Estate against any loss, liability, or expense (including attorneys’ fees) incurred in the administration of the Trust, except for acts or omissions arising from the Trustee’s willful misconduct or gross negligence.

7.2 Limitation of Liability. The liability of the Trustee and any successor Trustee shall be limited to the value of the Trust Estate; no Trustee shall be personally liable for any obligation arising under this Will or the Trust except as provided by Governing Law.

7.3 Insurance. The Trustee is authorized, but not required, to procure fiduciary liability insurance payable from the Trust Estate.

7.4 Force Majeure. No Trustee or Executor shall be liable for delay or failure in performance due to events beyond reasonable control, including acts of God, governmental actions, or market disruptions.

8 DISPUTE RESOLUTION

8.1 Governing Law. This Will and all disputes hereunder shall be governed by the laws of the State of California without regard to conflict-of-laws principles.

8.2 Forum Selection. Exclusive venue for any proceeding relating to this Will or the Trust shall be the Superior Court of California, [COUNTY] County, sitting in probate (the “Probate Court”).

8.3 Arbitration. Arbitration is expressly waived and shall not apply.

8.4 Jury Waiver. Jury trials are unavailable in California probate proceedings; accordingly, no jury-trial waiver is required.

8.5 Injunctive Relief. The Probate Court shall retain the power to issue temporary, preliminary, and permanent injunctive relief to enforce fiduciary duties and protect Trust assets.

9 GENERAL PROVISIONS

9.1 Amendment and Revocation. I reserve the right to amend or revoke this Will at any time prior to my death by a duly executed written instrument.

9.2 Assignment. No Beneficiary may assign, anticipate, or encumber any interest under this Will or the Trust except as expressly permitted herein.

9.3 Successors and Assigns. All provisions herein shall inure to the benefit of and bind the successors, assigns, and legal representatives of the parties.

9.4 Severability. If any provision of this Will is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9.5 No Contest Clause. If any Beneficiary contests this Will or any Trust created herein, directly or indirectly, such Beneficiary’s share shall be forfeited and added to the Residue to be distributed per stirpes among the remaining Beneficiaries.

9.6 Integration. This instrument constitutes my entire Will and supersedes all prior wills and codicils.

9.7 Counterparts; Electronic Signatures. This Will may be executed in counterparts, each of which shall be deemed an original. Signatures transmitted electronically shall be deemed originals under Cal. Prob. Code § 6111(b).

[// GUIDANCE: Although California recognizes holographic wills and electronic signatures, best practice is wet-ink execution with two disinterested witnesses.]

10 EXECUTION BLOCK

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], have hereunto set my hand on the date first written above.

[TESTATOR FULL LEGAL NAME], Testator

ATTESTATION OF WITNESSES

We declare that the Testator is personally known to us, is over eighteen (18) years of age, appears to be of sound mind, and is not acting under duress, fraud, or undue influence. The Testator declared to us that this instrument is his/her/their Will and requested us to act as witnesses. We affirm that we are disinterested witnesses within the meaning of Cal. Prob. Code § 6110.

Witness 1:

Signature: _______
Print Name: [NAME]
Residence Address: [ADDRESS]
Date: [DATE]

Witness 2:

Signature: _______
Print Name: [NAME]
Residence Address: [ADDRESS]
Date: [DATE]

OPTIONAL SELF-PROVING AFFIDAVIT

State of California )
County of _____ ) ss.

On this _ day of __, 20__, before me, the undersigned authority, personally appeared [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], all personally known to me (or proven on the basis of satisfactory evidence) and, being duly sworn, did each for themselves declare that the Testator executed the foregoing instrument as the Testator’s Will in the presence of said witnesses, and that each witness signed the Will in the presence of the Testator and of each other.

Notary Public
My Commission Expires: ____

SCHEDULE A – FAMILY INFORMATION

• Spouse: [NAME]
• Children: [LIST NAMES & BIRTHDATES]

[// GUIDANCE: Attach additional schedules for specific bequests, real property descriptions, or asset lists.]

END OF DOCUMENT