Complex Will with Trust

LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

WITH THE [TRUST NAME] TESTAMENTARY TRUST

State of Delaware

DRAFTING AND SIGNING CHECKLIST

☐ Confirm the Testator's Delaware 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.

☐ If using a separate tangible-property list, make sure it satisfies 12 Del. C. § 212.

☐ Use a signing ceremony satisfying 12 Del. C. § 202: a written Will signed by the Testator and attested and subscribed in the Testator's presence by two or more credible witnesses.

☐ Complete the optional self-proving affidavit substantially in the form required by 12 Del. C. § 1305.

ARTICLE I — DECLARATIONS AND REVOCATION

1.1 Testator

I, [TESTATOR FULL LEGAL NAME], residing at [ADDRESS], [COUNTY] County, Delaware, declare that I am at least eighteen years old, of sound and disposing mind and memory, 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 later Will is intended to effect that revocation under 12 Del. C. § 208.

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 Register of Wills or Court of Chancery having authority over the matter. Under 12 Del. C. § 1302, a Delaware domiciliary's Will is proved before the Register of Wills for the county of domicile; the Court of Chancery exercises equity jurisdiction and hears trust matters.

“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 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].

3.3 Bond Request

I request that no bond be required of a Personal Representative or Trustee nominated in this Will except when controlling law or a court order requires one. This request does not limit the authority of the Register of Wills or Court of Chancery.

3.4 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. Delaware counsel and tax counsel must review this direction for the Testator's assets and intended tax allocation.

ARTICLE V — TANGIBLE PERSONAL PROPERTY

5.1 Separate Written List

I may leave a written statement or list disposing of tangible personal property under 12 Del. C. § 212. To be used under that section, the writing must be in my handwriting or signed by me, identify the items and legatees with reasonable certainty, and satisfy the statute's consistency rules. It may not be used for money, evidences of indebtedness, documents of title, securities, or property used in a trade or business.

5.2 Remaining Tangible Property

I give tangible personal property not effectively disposed of by a valid Section 5.1 writing 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, per stirpes, 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 who cannot manage it, the Trustee may apply it directly for the beneficiary's benefit or pay it to a legally authorized representative or custodian selected after advice of Delaware counsel.

7.7 Spendthrift Provision

To the fullest extent permitted by 12 Del. C. § 3536, each beneficiary's interest shall be unassignable and protected from voluntary and involuntary transfer and creditor process until actual distribution. This provision is subject to the statute's express exceptions and does not protect an interest from claims that controlling law permits.

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 may allocate particular assets on a reasonable valuation basis.

ARTICLE VIII — TRUST ADMINISTRATION

8.1 Powers Granted by This Will

Subject to the Trust's purposes and the Trustee's fiduciary duties, the Trustee may retain, acquire, sell, exchange, lease, insure, repair, improve, and distribute Trust property; continue or dispose of business interests; borrow and pledge Trust property; settle claims; employ and pay professionals; maintain reserves; make tax elections; execute useful instruments; and divide or combine administrative shares when consistent with beneficial interests.

8.2 Fiduciary Investment Standard

The Trustee shall invest and manage Trust property under the standard in 12 Del. C. § 3302, using the care, skill, prudence, and diligence that a prudent person acting in a like capacity and familiar with such matters would use to attain the Trust's purposes.

8.3 Principal and Income

The Trustee shall allocate receipts and disbursements between principal and income under 12 Del. C. ch. 61, as applicable.

8.4 Information and Annual Reports

The Trustee shall provide each adult beneficiary currently eligible to receive distributions with an annual written report of Trust property, receipts, disbursements, distributions, and Trustee compensation. This reporting term is part of the governing instrument and may be varied only as 12 Del. C. § 3303 permits.

8.5 Court Accounts for Testamentary Trust

For a testamentary trust of a decedent dying after July 31, 2005, 12 Del. C. §§ 3524-3525 require a court account only in accordance with an express term of the Trust or a Court of Chancery order. This Will does not independently require recurring court-filed accounts; the Trustee shall file an account whenever the Court orders one.

8.6 Resignation, Removal, and Successor

A Trustee may resign in a manner accepted under Delaware law and any applicable court procedure. A person seeking removal shall apply to a court with jurisdiction. The successor designated in Section 3.2 is nominated to serve when the prior Trustee ceases to serve.

8.7 Compensation and Expenses

The Trustee is entitled to reasonable compensation in accordance with this Will and 12 Del. C. § 3561, subject to the Court of Chancery's authority under that section. The Trustee and Personal Representative may be reimbursed from the applicable fund for reasonable expenses properly incurred in administration.

8.8 Fiduciary Liability

This Will may vary fiduciary duties, standards, indemnification, and liability only within 12 Del. C. § 3303. No provision exculpates or indemnifies a fiduciary for the fiduciary's own wilful misconduct. This Will creates no fixed damages cap, no immunity merely because a loss exceeds Trust assets, and no force-majeure excuse from fiduciary duties.

ARTICLE IX — GENERAL PROVISIONS

9.1 Governing Law and Court Proceedings

Delaware law governs this Will and the Trust except when controlling law requires otherwise. Probate shall proceed through the proper county Register of Wills, and trust or equitable proceedings shall be brought in a court having jurisdiction and proper venue. This Will does not impose mandatory arbitration or a contractual jury waiver.

9.2 Optional No-Contest Provision — Attorney Review Required

☐ Include only after Delaware counsel confirms current enforceability, scope, and exceptions: [COUNSEL-DRAFTED NO-CONTEST LANGUAGE OR “OMITTED”].

9.3 Digital Assets and Digital Accounts

Subject to applicable federal law, custodian requirements, and any contrary direction in another governing instrument, I grant my Personal Representative and Trustee authority over my digital assets and digital accounts under 12 Del. C. ch. 50. A fiduciary requesting access shall comply with the valid-written-request requirements of 12 Del. C. § 5005.

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.

EXECUTION AND ATTESTATION

I, [TESTATOR FULL LEGAL NAME], sign this written 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 Will in our presence and declared this instrument to be the Testator's Last Will and Testament.

OPTIONAL SELF-PROVING AFFIDAVIT — 12 DEL. C. § 1305

State of Delaware

County of [COUNTY]

Before me, the undersigned officer, personally appeared [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], known to me to be the Testator and witnesses whose names are signed to the attached or foregoing instrument. All being first duly sworn, the Testator declared to me and to the witnesses in my presence that the instrument is the Testator's last will, that the Testator willingly signed it or willingly directed another to sign for the Testator, and that the Testator executed it as a free and voluntary act for the purposes expressed in it. Each witness stated to me, in the presence and hearing of the Testator, that the witness signed the Will as a witness and that, to the best of the witness's knowledge, the Testator was eighteen years of age or older, of sound mind, and under no constraint or undue influence.

__________________________________
[TESTATOR NAME], Testator

__________________________________
[WITNESS 1 NAME], Witness

__________________________________
[WITNESS 2 NAME], Witness

Subscribed, sworn, and acknowledged before me by [TESTATOR NAME], the Testator, and subscribed and sworn before me by [WITNESS 1 NAME] and [WITNESS 2 NAME], this [DAY] day of [MONTH], [YEAR].

__________________________________
[OFFICER SIGNATURE]

[OFFICIAL CAPACITY OF OFFICER]

[OFFICIAL SEAL]

This template is designed for a conventional written signing ceremony under 12 Del. C. § 202. Do not substitute electronic or counterpart signatures without Delaware counsel confirming a valid execution method under current law, including any applicable choice-of-law rule in 12 Del. C. § 1306.

OPTIONAL SEPARATE TANGIBLE-PROPERTY LIST — 12 DEL. C. § 212

This writing refers to my Will dated [DATE OF WILL]. I intend it to dispose only of tangible personal property eligible under 12 Del. C. § 212.

__________________________________
[TESTATOR NAME]

Date: [DATE]

SOURCES CONSULTED

• Delaware Code Online, 12 Del. C. ch. 2, subch. I (§§ 201-203, 208, and 212).
• Delaware Code Online, 12 Del. C. ch. 13 (§§ 1302, 1305, and 1306).
• Delaware Code Online, 12 Del. C. ch. 33 (§§ 3302 and 3303).
• Delaware Code Online, 12 Del. C. ch. 35, subch. II (§§ 3524-3525), subch. III (§ 3536), and subch. V (§ 3561).
• Delaware Code Online, 12 Del. C. ch. 61 and 12 Del. C. ch. 50.
• Delaware Legislative Council, official Title 12 PDF (official code version including acts enacted through June 11, 2026).
• Delaware Courts, Court of Chancery judicial officers and jurisdiction overview and trust-under-will accounting forms.