Complex Will with Trust

COMPLEX WILL WITH TESTAMENTARY TRUST

(Connecticut)

TABLE OF CONTENTS

1. Document Header
2. Family Information and Definitions
3. Revocation
4. Appointment of Executor
5. Estate Administration
6. Specific Gifts
7. Residuary Estate and Creation of Family Trust
8. Family Trust Provisions
9. Guardian Nominations
10. Survivorship
11. Governing Law, Jurisdiction, and Venue
12. Miscellaneous Provisions
13. Execution and Witness Attestation
14. Optional Affidavit of Attesting Witnesses

1. DOCUMENT HEADER

THIS LAST WILL AND TESTAMENT WITH TESTAMENTARY TRUST (the “Will”) is made on the ___ day of __________, 20___, by [TESTATOR FULL LEGAL NAME], a resident of [TOWN/CITY], [PROBATE DISTRICT], Connecticut (“Testator”).

I am eighteen years of age or older and of sound mind as required by Conn. Gen. Stat. § 45a-250. I sign this Will voluntarily to dispose of my probate estate and create the testamentary trust stated below.

This template is drafted for conventional paper execution under Conn. Gen. Stat. § 45a-251: the Will must be written, subscribed by the Testator, and attested by two witnesses, each signing in the Testator's presence. The optional witness affidavit in Article 14 concerns proof under § 45a-285; it is not a substitute for proper execution.

2. FAMILY INFORMATION AND DEFINITIONS

2.1 Family Information

I am [married to / not married to] [SPOUSE NAME].

My children are:

1. [CHILD NAME AND DATE OF BIRTH]
2. [CHILD NAME AND DATE OF BIRTH]
3. [ADDITIONAL CHILDREN OR “NONE”]

2.2 Definitions

“Child” or “Children” means [IDENTIFY THE INTENDED CHILDREN OR CLASS PRECISELY].

“Descendants” means [DEFINE THE INTENDED CLASS OF LINEAL DESCENDANTS PRECISELY].

“Executor” means the person serving as executor or other personal representative of my estate.

“Family Trust” means the testamentary trust created under Article 7 and administered under Article 8.

“Residuary Estate” means all probate property not effectively disposed of by another provision of this Will.

“Survivorship Period” means thirty (30) consecutive days after my death.

“Trustee” means each person or institution serving as trustee of the Family Trust.

3. REVOCATION

I revoke all prior wills and codicils made by me. Revocation of a will or part of a will is otherwise governed by Conn. Gen. Stat. § 45a-257.

4. APPOINTMENT OF EXECUTOR

4.1 Primary and Successor Appointments

I nominate [PRIMARY EXECUTOR NAME] as Executor.

If that person does not serve or ceases to serve, I nominate [FIRST SUCCESSOR NAME], followed by [SECOND SUCCESSOR NAME].

4.2 Bond Direction

I direct that no probate bond be required of an Executor nominated in this Will. Conn. Gen. Stat. § 45a-289 permits the Probate Court to follow that direction when no objection is filed, but preserves the court's authority to require a bond for the statutory protective reasons. This clause does not eliminate that authority.

4.3 Duties and Administration

My Executor shall collect and protect estate property; pay enforceable claims, administration expenses, and taxes in the priority and manner required by law; maintain appropriate reserves; and distribute the estate according to this Will and controlling court orders.

No provision of this Will authorizes self-dealing, excuses a fiduciary duty, or displaces mandatory Connecticut law.

5. ESTATE ADMINISTRATION

5.1 Debts, Expenses, and Taxes

My Executor shall pay legally enforceable funeral and burial expenses, administration expenses, claims, and taxes only after determining the estate's obligations and reserving amounts reasonably needed for administration.

5.2 Tax Elections and Apportionment

Except as applicable law requires otherwise, estate, inheritance, and similar death taxes attributable to property passing under this Will shall be paid from [THE RESIDUARY ESTATE / APPORTIONED AS FOLLOWS: __________].

5.3 Distribution Method

Subject to fiduciary duties, beneficiary rights, creditor rights, and any required court approval, my Executor may make distributions in cash or in kind and may retain a reasonable reserve until estate administration is complete.

6. SPECIFIC GIFTS

I make the following gifts, each subject to the beneficiary surviving me by the Survivorship Period:

1. [DESCRIPTION OF PROPERTY OR AMOUNT] to [BENEFICIARY NAME].
2. [DESCRIPTION OF PROPERTY OR AMOUNT] to [BENEFICIARY NAME].
3. [CHARITABLE GIFT, IF ANY] to [CHARITY'S FULL LEGAL NAME].

If a named beneficiary does not survive the Survivorship Period, that gift shall [LAPSE INTO THE RESIDUARY ESTATE / PASS TO THE FOLLOWING ALTERNATE: __________].

7. RESIDUARY ESTATE AND CREATION OF FAMILY TRUST

I give my entire Residuary Estate to the Trustee, IN TRUST, to hold, administer, and distribute as the [TESTATOR LAST NAME] FAMILY TRUST under Article 8.

I intend to create the Family Trust through this Will. Its beneficiaries, Trustee duties, purposes, and dispositive terms are stated below to satisfy the creation requirements in Conn. Gen. Stat. §§ 45a-499w and 45a-499y. Mandatory rules preserved by § 45a-499e control over any inconsistent term.

If no Trustee is then serving, my Executor shall retain the property pending appointment and acceptance of a Trustee under Sections 8.6 and 8.7.

8. FAMILY TRUST PROVISIONS

8.1 Purpose

The Family Trust is intended to provide managed support for the beneficiaries, preserve property through age-based distributions, and permit prudent administration under Connecticut law.

8.2 Trust Shares

The Trustee shall divide the Family Trust into equal shares, one share for each of my Children who survives the Survivorship Period and one share collectively for the Descendants of each Child who does not survive the Survivorship Period but leaves Descendants who do.

A deceased Child's Descendants shall take that Child's share [PER STIRPES / IN THE FOLLOWING PROPORTIONS: __________].

8.3 Discretionary Distributions

Before final distribution of a beneficiary's share, the Trustee may distribute as much income or principal as the Trustee determines advisable for that beneficiary's health, education, maintenance, or support, after considering [OTHER RESOURCES / WITHOUT CONSIDERING OTHER RESOURCES].

The Trustee may pay a distribution directly to a beneficiary or apply it for the beneficiary's benefit as permitted by Conn. Gen. Stat. § 45a-499nnn(a)(21).

8.4 Age-Based Distributions

Subject to Section 8.5, the Trustee shall distribute each beneficiary's separate share as follows:

1. One-third (1/3) at age [25];
2. One-half (1/2) of the remaining balance at age [30]; and
3. The entire remaining balance at age [35].

If a beneficiary dies before receiving the entire share, the remaining share shall pass to [THAT BENEFICIARY'S DESCENDANTS / THE SURVIVING PRIMARY BENEFICIARIES / OTHER: __________].

8.5 Optional Protective Deferral

☐ If selected, the Trustee may defer an otherwise mandatory distribution while [OBJECTIVE PROTECTIVE EVENT] continues, but no later than [OUTSIDE DATE OR AGE], and may apply the deferred share for the beneficiary under Section 8.3.

8.6 Trustee Appointments and Acceptance

I designate [INITIAL TRUSTEE NAME] as Trustee.

If that person does not serve or ceases to serve, I designate [FIRST SUCCESSOR TRUSTEE], followed by [SECOND SUCCESSOR TRUSTEE].

A designated testamentary Trustee accepts office by filing an acceptance of trust in the court with jurisdiction over the Trust. Conn. Gen. Stat. § 45a-499rr(a)(3).

8.7 Vacancy, Resignation, and Removal

If no designated Trustee can serve and no cotrustee remains, a required vacancy is filled under Conn. Gen. Stat. § 45a-499uu. A successor designated by this Will has first priority but, for a testamentary trust, must be appointed by the Probate Court.

A Trustee of this testamentary Trust may resign only with court approval under Conn. Gen. Stat. § 45a-499vv(b). The court may impose protective conditions, and resignation does not discharge prior liability.

A settlor, cotrustee, beneficiary, surety, or other statutorily authorized person may request judicial removal. Only the court may remove a Trustee on the grounds and findings stated in Conn. Gen. Stat. § 45a-499ww. This Will creates no court-free beneficiary-removal power.

8.8 Bond, Compensation, and Reimbursement

I request that no Trustee be required to furnish bond. Under Conn. Gen. Stat. § 45a-499ss, the court may nevertheless require a bond if it finds one is needed to protect the beneficiaries' interests.

The Trustee shall receive [COMPENSATION SPECIFIED HERE / REASONABLE COMPENSATION], subject to the court's authority under Conn. Gen. Stat. § 45a-499yy.

The Trustee is entitled to reimbursement and any related lien only as provided by Conn. Gen. Stat. § 45a-499zz. This Will does not create blanket indemnification for a breach of trust.

8.9 Trustee Powers

Without prior court authorization and subject to fiduciary duties, mandatory judicial-supervision rules for testamentary trusts, this Will, and any controlling court order, the Trustee may exercise the general powers in Conn. Gen. Stat. § 45a-499mmm and the specific powers in § 45a-499nnn, including authority to:

1. Collect, retain, acquire, sell, exchange, divide, or encumber trust property;
2. Operate or reorganize a business held in trust;
3. Lease property and borrow money secured by trust property;
4. Insure trust property and obtain appropriate liability insurance;
5. Pay or contest claims and lawfully settle them;
6. Employ and compensate attorneys, accountants, investment advisers, and other agents;
7. Make distributions in cash or in kind and adjust valuation differences;
8. Pay taxes, expenses, and compensation;
9. Exercise tax elections; and
10. Execute instruments and prosecute or defend proceedings needed to protect trust property.

Every exercise of power remains subject to the fiduciary duties preserved by Conn. Gen. Stat. § 45a-499mmm(b).

8.10 Fiduciary Standards

The Trustee shall administer the Family Trust in good faith according to its terms, purposes, my intent, the beneficiaries' interests, and applicable law. Conn. Gen. Stat. § 45a-499aaa.

The Trustee shall act solely in the beneficiaries' interests consistent with my intent and shall handle conflicts under Conn. Gen. Stat. § 45a-499bbb. If the Trust has two or more beneficiaries, the Trustee shall act impartially under § 45a-499ccc.

The Trustee shall administer the Trust as a prudent person would and exercise reasonable care, skill, and caution as required by Conn. Gen. Stat. § 45a-499ddd.

8.11 Information, Reports, and Court Accountings

The Trustee shall keep qualified beneficiaries reasonably informed, respond to proper requests, give the notices required after acceptance and creation of the irrevocable Trust, and send annual and termination reports containing the information required by Conn. Gen. Stat. § 45a-499kkk.

A beneficiary may petition for an accounting under § 45a-499kkk(d). Court jurisdiction over testamentary-trust accounts and proposed final distributions is governed by Conn. Gen. Stat. § 45a-499o.

8.12 Spendthrift Direction

To the fullest extent valid under Connecticut law, no beneficiary may voluntarily or involuntarily transfer, assign, pledge, anticipate, or encumber an interest in the Family Trust before actual receipt.

This clause does not promise protection against every creditor or statutory claim. Connecticut counsel must evaluate applicable creditor rights and exceptions for the intended beneficiaries and distribution terms.

8.13 Exculpation and Liability

No provision of this Trust relieves a Trustee of liability for a breach committed in bad faith or with reckless indifference to the Trust's purposes or the beneficiaries' interests. Any Trustee-drafted exculpatory term remains subject to Conn. Gen. Stat. § 45a-499uuu.

This Will creates no “trust assets only” liability cap and no contractual gross-negligence threshold.

8.14 Termination and Final Administration

Each separate share terminates when the share has been fully distributed under Section 8.4 or when an earlier death provision requires final distribution.

Upon termination, the Trustee shall retain any reasonable reserve permitted by law, complete required reports and accountings, obtain any court approval required for a testamentary trust, and distribute the remaining property to the persons entitled under this Will.

9. GUARDIAN NOMINATIONS

If both parents who are guardians of a minor Child are dead and a guardian is needed, I appoint [PRIMARY GUARDIAN NAME], followed by [ALTERNATE GUARDIAN NAME], as guardian of the person of that Child.

I separately appoint [PRIMARY ESTATE GUARDIAN NAME], followed by [ALTERNATE ESTATE GUARDIAN NAME], as guardian of the estate of that Child for property not held in the Family Trust.

These appointments are made under Conn. Gen. Stat. § 45a-596. They become effective only upon the appointee's written acceptance filed in the proper Probate Court, remain subject to court control, and do not supersede an earlier court appointment. A guardian of the estate must furnish a probate bond; the court may require a guardian of the person to furnish one when necessary to protect the minor.

10. SURVIVORSHIP

A beneficiary must survive me by the Survivorship Period to take under this Will. A person who does not satisfy that condition is treated as having predeceased me for purposes of this Will.

11. GOVERNING LAW, JURISDICTION, AND VENUE

11.1 Connecticut Law

This Will and the Family Trust are governed by Connecticut law to the extent Connecticut choice-of-law rules permit.

11.2 Statutory Court Allocation

This Will does not designate an exclusive court. Conn. Gen. Stat. § 45a-499o gives Probate Courts sole original jurisdiction over specified testamentary-trust matters, gives Probate Courts and the Superior Court concurrent original jurisdiction over other listed matters, and preserves Superior Court jurisdiction for additional matters described in the statute.

A Probate Court petition concerning this testamentary Trust must be filed in the court that admitted this Will to probate, unless the Trust was established by court order, as provided by Conn. Gen. Stat. § 45a-499p(b).

11.3 No Mandatory Arbitration or Jury Waiver

This Will imposes no mandatory arbitration agreement and contains no jury waiver. Any dispute-resolution authority, court procedure, or jury right is determined by applicable law rather than by a categorical clause in this Will.

12. MISCELLANEOUS PROVISIONS

12.1 Severability

If a provision is held invalid or unenforceable, the remaining provisions shall continue to the fullest extent consistent with my testamentary intent and applicable law.

12.2 Headings

Headings are for convenience and do not control interpretation.

12.3 Gender and Number

Words of any gender include all genders, and the singular includes the plural when context requires.

12.4 Fiduciary Successors

References to an Executor or Trustee include a duly appointed successor serving under this Will and applicable law.

12.5 No Contract Boilerplate

This Will contains no prevailing-party fee clause, force-majeure clause, contractual cure period, blanket indemnity, beneficiary-majority removal mechanism, or automatic advance-notice requirement for major transactions. Fiduciary remedies, fees, notices, and court relief are governed by this Will and applicable fiduciary law.

12.6 Execution Format and Copies

This template is drafted for a conventional written original signed and witnessed under Conn. Gen. Stat. § 45a-251. This clause does not declare a facsimile, electronic signature, counterpart, PDF, or reproduction to be an executed original will.

13. EXECUTION AND WITNESS ATTESTATION

I, [TESTATOR FULL LEGAL NAME], sign this instrument as my Last Will and Testament on the ___ day of __________, 20___, at [TOWN/CITY], Connecticut, in the presence of the two witnesses identified below. I sign voluntarily and intend this instrument to state my testamentary plan.

_________________________________

[TESTATOR FULL LEGAL NAME], Testator

We, the undersigned witnesses, attest that the Testator signed this Will in our presence. Each of us now signs as a witness in the Testator's presence, as required by Conn. Gen. Stat. § 45a-251.

1. _________________________________

[WITNESS 1 NAME]

Address: ___________________________

Date: ______________________________

2. _________________________________

[WITNESS 2 NAME]

Address: ___________________________

Date: ______________________________

14. OPTIONAL AFFIDAVIT OF ATTESTING WITNESSES

(Conn. Gen. Stat. § 45a-285; complete before an officer authorized to administer oaths)

STATE OF ______________________________

COUNTY OF _____________________________

We, [WITNESS 1 NAME] and [WITNESS 2 NAME], being duly sworn, each state:

1. The Testator signed the attached Will in our presence.
2. Each of us signed the Will as an attesting witness in the Testator's presence.
3. The Testator appeared to us to be eighteen years of age or older, of sound mind, acting voluntarily, and under no apparent constraint or undue influence.
4. The foregoing facts are the facts to which each of us would testify in court to prove the Will.

_________________________________

[WITNESS 1 NAME], Affiant

_________________________________

[WITNESS 2 NAME], Affiant

Subscribed and sworn to before me by [WITNESS 1 NAME] and [WITNESS 2 NAME] on the ___ day of __________, 20___.

_________________________________

Officer Authorized to Administer Oaths

Title/Commission: ______________________

My Commission Expires: _________________

SOURCES AND REFERENCES

• Connecticut General Assembly — Chapter 802a, Wills: Execution and Construction
• Connecticut General Assembly — Chapter 802b, Decedents' Estates
• Connecticut General Assembly — Chapter 802c, Trusts
• Connecticut General Assembly — Chapter 802h, Protected Persons and Their Property
• Connecticut General Assembly — 2026 Supplement title index
• Connecticut General Assembly — 2026 Supplement, Title 45a