Complex Will with Trust

LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

WITH THE [TRUST NAME] TESTAMENTARY TRUST

District of Columbia

DRAFTING AND SIGNING CHECKLIST

☐ Confirm the Testator's domicile, family information, and prior estate-planning documents.

☐ Confirm beneficiary names, survivorship periods, distribution ages, and contingent gifts.

☐ Coordinate beneficiary designations and jointly owned assets with this Will.

☐ Obtain tax advice for estate, inheritance, generation-skipping, and income-tax provisions.

☐ Attach and complete Schedule A before signing if tangible-property gifts are used.

☐ Use a signing ceremony that satisfies D.C. Code § 18-103: a written Will signed by the Testator and attested and subscribed in the Testator's presence by at least two credible witnesses.

ARTICLE I — DECLARATIONS AND REVOCATION

1.1 Testator

I, [TESTATOR FULL LEGAL NAME], residing at [ADDRESS], District of Columbia, declare that I am at least eighteen years old, of sound and disposing mind, and making this instrument voluntarily as my Last Will and Testament (the “Will”).

1.2 Family Information

My marital status is: [MARRIED / UNMARRIED / DIVORCED / WIDOWED].

My spouse, if any, is [SPOUSE FULL LEGAL NAME].

My children are:

• [CHILD NAME], born [DATE];
• [CHILD NAME], born [DATE]; and
• [ADDITIONAL CHILDREN OR “NONE”].

References to my “descendants” include persons treated as my descendants under controlling law unless this Will expressly provides otherwise.

1.3 Revocation

I revoke all prior wills and codicils. This revocation is intended to operate through this later Will executed in accordance with D.C. Code § 18-103, as contemplated by D.C. Code § 18-109.

1.4 Survival Period

Unless this Will expressly provides otherwise, a beneficiary must survive me by thirty days to receive a gift. A beneficiary who does not satisfy that condition shall be treated for purposes of this Will as having predeceased me.

ARTICLE II — DEFINITIONS

“Court” means the court having jurisdiction over the estate or Trust. The District of Columbia Courts identifies the Probate Division of the Superior Court as handling wills, estates, and trusts.

“HEMS” means health, education, maintenance, and support.

“Personal Representative” means the person appointed under Article III to administer my probate estate.

“Residue” means all property passing under this Will that is not effectively disposed of by another provision.

“Trust” means the [TRUST NAME] Testamentary Trust created under Article VII.

“Trustee” means the acting trustee of the Trust, including a duly appointed successor.

ARTICLE III — APPOINTMENT OF FIDUCIARIES

3.1 Personal Representative

I nominate [PRIMARY PERSONAL REPRESENTATIVE NAME AND ADDRESS] as Personal Representative. If that person does not qualify or ceases to serve, I nominate [SUCCESSOR PERSONAL REPRESENTATIVE NAME AND ADDRESS].

3.2 Personal-Representative Bond

I excuse each Personal Representative nominated in this Will from giving bond to the fullest extent permitted by D.C. Code § 20-502, subject to any bond that controlling law or the Court requires.

3.3 Trustee

I appoint [PRIMARY TRUSTEE NAME AND ADDRESS] as Trustee. If that person does not accept or ceases to serve, I appoint [SUCCESSOR TRUSTEE NAME AND ADDRESS].

3.4 Trustee Bond

No Trustee shall be required by the terms of this Trust to give bond. This provision does not limit the Court's authority under D.C. Code § 19-1307.02 to require a bond when needed to protect beneficiaries.

3.5 Guardian Nomination

If a guardian is needed for a minor child of mine, I nominate [PRIMARY GUARDIAN NAME]. If that person cannot serve, I nominate [ALTERNATE GUARDIAN NAME].

ARTICLE IV — DEBTS, EXPENSES, AND TAXES

4.1 Debts and Expenses

My Personal Representative shall pay from my probate estate my legally enforceable debts, funeral expenses, and estate-administration expenses.

4.2 Taxes

Except as another controlling instrument or mandatory law provides, all estate, inheritance, and generation-skipping transfer taxes attributable to property included in my taxable estate shall be paid from the Residue without apportionment. D.C. counsel and tax counsel must review this direction for the Testator's assets and intended tax allocation.

ARTICLE V — TANGIBLE PERSONAL PROPERTY

5.1 Integrated Schedule A

I give the items listed on Schedule A, attached to and executed as part of this Will, to the beneficiaries identified there. Any item not effectively disposed of by Schedule A passes under Section 5.2.

5.2 Remaining Tangible Property

I give my remaining tangible personal property to [PRIMARY TANGIBLE-PROPERTY BENEFICIARY], if that beneficiary survives me by thirty days. Otherwise, that property becomes part of the Residue.

5.3 Allocation and Sale

My Personal Representative may allocate items among eligible beneficiaries by agreement, lot, appraisal, or another reasonable method. The Personal Representative may sell an item when division or distribution is impracticable and add the net proceeds to the Residue.

ARTICLE VI — SPECIFIC GIFTS

6.1 Cash and Property Gifts

6.2 Failed Gifts

Unless this Will expressly provides another disposition or controlling law requires otherwise, a failed specific gift becomes part of the Residue.

ARTICLE VII — RESIDUE AND CREATION OF TESTAMENTARY TRUST

7.1 Gift of Residue

I give the Residue to the Trustee, in trust, to be held, administered, and distributed under this Will.

7.2 Trust Name

The trust created by this Article shall be known as the [TRUST NAME] Testamentary Trust.

7.3 Primary Beneficiary

During the lifetime of [PRIMARY BENEFICIARY NAME], the Trustee may distribute as much income and principal as the Trustee determines advisable for that beneficiary's HEMS, after considering other resources the Trustee knows are reasonably available.

7.4 Remainder at Primary Beneficiary's Death

At the primary beneficiary's death, the Trustee shall divide the remaining Trust property as follows:

• [PERCENTAGE]% to my descendants, by representation, subject to Section 7.5;
• [PERCENTAGE]% to [CONTINGENT BENEFICIARY]; and
• any unallocated remainder to [FINAL CONTINGENT BENEFICIARY OR CHARITY].

7.5 Continuing Shares

A share for a beneficiary younger than [FINAL DISTRIBUTION AGE] shall remain in a separate trust. The Trustee may distribute income and principal for that beneficiary's HEMS and shall distribute principal as follows:

• [FRACTION OR PERCENTAGE] at age [AGE 1];
• [FRACTION OR PERCENTAGE] of the remaining balance at age [AGE 2]; and
• the remaining balance at age [AGE 3].

7.6 Beneficiary Under Disability

If a distribution is payable to a beneficiary under a legal disability or whom the Trustee reasonably believes is incapacitated, the Trustee may use a payment method permitted by D.C. Code § 19-1308.16(21).

7.7 Spendthrift Provision

Each beneficiary's interest is held subject to a spendthrift trust. Both voluntary and involuntary transfers of the beneficiary's interest are restrained to the extent permitted by D.C. Code § 19-1305.02 and its statutory exceptions.

7.8 Termination

The Trust terminates when its property has been fully distributed under this Article. The Trustee may make final distributions in cash or in kind and allocate particular assets as permitted by D.C. Code § 19-1308.16(22).

ARTICLE VIII — TRUST ADMINISTRATION

8.1 General and Specific Powers

Subject to the Trust's purposes and the Trustee's fiduciary duties, the Trustee may exercise the powers conferred by this Will and D.C. Code §§ 19-1308.15 and 19-1308.16, including powers to retain, acquire, sell, exchange, lease, insure, and distribute Trust property; operate business interests; settle claims; employ professionals; and execute useful instruments.

8.2 Prudent Investment

The Trustee shall invest and manage Trust assets under D.C. Code § 19-1309.02, considering the Trust's purposes, terms, distribution requirements, and circumstances and exercising reasonable care, skill, and caution.

8.3 Principal and Income

The Trustee shall allocate receipts and disbursements between principal and income under D.C. Code title 28, chapter 48, as applicable.

8.4 Delegation

The Trustee may delegate duties and powers only as permitted by D.C. Code § 19-1308.07 and shall exercise the care, skill, and caution that section requires in selecting an agent, setting the delegation's terms, and monitoring performance.

8.5 Information and Reports

The Trustee shall keep qualified beneficiaries reasonably informed and provide notices, information, and reports at the times and to the persons required by D.C. Code § 19-1308.13. Required reports shall include the information specified by that section.

8.6 Nonjudicial Settlement Agreements

Interested persons may use a nonjudicial settlement agreement only within D.C. Code § 19-1301.11, including its limits concerning a material purpose of the Trust and terms the Court could properly approve.

8.7 Resignation and Removal

A Trustee may resign by the notice or court-approval procedure in D.C. Code § 19-1307.05. The persons identified in D.C. Code § 19-1307.06 may request court removal, and the Court may remove a Trustee on a ground stated in that section. The successor designated in Section 3.3 is nominated to serve when the prior Trustee ceases to serve.

8.8 Compensation and Expenses

The Personal Representative is entitled to reasonable compensation under D.C. Code § 20-751. The Trustee is entitled to compensation under D.C. Code § 19-1307.08 and reimbursement of expenses under D.C. Code § 19-1307.09.

8.9 Trustee Liability

No provision of this Will relieves a Trustee from liability to an extent prohibited by D.C. Code § 19-1310.08, including a breach committed in bad faith or with reckless indifference to the Trust's purposes or the beneficiaries' interests. Personal liability arising from fiduciary contracts, torts, or ownership or control of Trust property is governed by D.C. Code § 19-1310.10. This Will creates no separate damages cap or broader immunity.

ARTICLE IX — GENERAL PROVISIONS

9.1 Governing Law and Court Proceedings

District of Columbia law governs this Will and the Trust except when controlling law requires otherwise. Any court proceeding shall be brought in a court having jurisdiction and proper venue. This Will does not impose exclusive forum, mandatory arbitration, or a contractual jury waiver.

9.2 Optional No-Contest Provision — Attorney Review Required

☐ Include only after District of Columbia counsel confirms current enforceability and appropriate exceptions: [COUNSEL-DRAFTED NO-CONTEST LANGUAGE OR “OMITTED”].

9.3 Digital Assets and Electronic Communications

Subject to any controlling online-tool direction under D.C. Code § 21-2504 and other applicable law, I consent to disclosure to my Personal Representative of my digital assets, including the contents of electronic communications, to the fullest extent authorized by D.C. Code § 21-2507. For accounts or assets held in the Trust, I authorize disclosure to the Trustee under D.C. Code §§ 21-2512 and 21-2513.

9.4 Severability

If a provision of this Will is held invalid or unenforceable, the remaining provisions shall continue to the extent they can operate consistently with my testamentary plan.

9.5 Headings and References

Headings are for convenience only. References to a statute include its valid successor provision when appropriate.

SCHEDULE A — TANGIBLE PERSONAL PROPERTY GIFTS

This Schedule A is attached to and executed as part of my Will.

Testator's initials confirming completion before execution: [____]

EXECUTION AND ATTESTATION

I, [TESTATOR FULL LEGAL NAME], sign this instrument as my Last Will and Testament on [DATE].

__________________________________
[TESTATOR FULL LEGAL NAME], Testator

WITNESS ATTESTATION

We, the undersigned credible witnesses, attest and subscribe this Will in the Testator's presence. The Testator signed this written Will and declared it to be the Testator's Last Will and Testament.

PAPER-WILL SIGNING NOTE

D.C. Code § 18-103 governs this paper-will execution block. The statutory self-proving procedure in D.C. Code § 18-908 is for an electronic will. Do not attach or rely on an electronic-will self-proving affidavit for this paper form; District of Columbia counsel should determine any separate proof-of-execution steps appropriate for probate.

SOURCES CONSULTED

• D.C. Law Library, D.C. Code § 18-102, § 18-103, § 18-109, and § 18-908.
• D.C. Law Library, D.C. Code § 20-502 and § 20-751.
• D.C. Law Library, D.C. Code § 19-1301.11, § 19-1305.02, § 19-1307.02, § 19-1307.05, § 19-1307.06, § 19-1307.08, and § 19-1307.09.
• D.C. Law Library, D.C. Code § 19-1308.07, § 19-1308.13, § 19-1308.15, § 19-1308.16, § 19-1309.02, § 19-1310.08, and § 19-1310.10.
• D.C. Law Library, D.C. Code title 28, chapter 48.
• D.C. Law Library, D.C. Code § 21-2504, § 21-2507, § 21-2512, and § 21-2513.
• District of Columbia Courts, Probate Division.