LAST WILL AND TESTAMENT, INCLUDING TESTAMENTARY TRUST, OF [TESTATOR FULL LEGAL NAME]

[// GUIDANCE: Replace all bracketed placeholders before execution. Delete guidance notes in final signed version.]

TABLE OF CONTENTS

1. Document Header & Preliminary Matters
2. Definitions
3. Revocation of Prior Instruments & Identification of Family
4. Specific Bequests
5. Residuary Disposition & Creation of Testamentary Trust
6. Testamentary Trust Terms
   6.1 Name and Funding
   6.2 Trustees, Successor Trustees & Fiduciary Standards
   6.3 Trust Administration Rules
   6.4 Beneficial Interests & Distribution Requirements
   6.5 Trustee Powers
   6.6 Trustee Indemnification; Limitation of Liability
   6.7 Accountings, Reports & Dispute Resolution
   6.8 Termination of Trust
7. Appointment of Personal Representative
8. Appointment of Guardian for Minor Children
9. Tax & Administrative Provisions
10. Miscellaneous & Construction
11. Execution Block
12. Self-Proving Affidavit (Fla. Stat. § 732.503)

1. DOCUMENT HEADER & PRELIMINARY MATTERS

1.1 Document Title. This instrument is the Last Will and Testament (the “Will”) of [TESTATOR FULL LEGAL NAME], a resident of [COUNTY] County, Florida, made this ___ day of ____ 20__, which includes the creation of a testamentary trust.

1.2 Governing Law & Forum. This Will shall be governed by, and construed in accordance with, the laws of the State of Florida, including the Florida Probate Code (Ch. 731–735, Fla. Stat.) and the Florida Trust Code (Ch. 736, Fla. Stat.). Exclusive venue for all probate and trust proceedings shall lie in the [COUNTY] County Probate Division of the Circuit Court of Florida (the “Probate Court”).

1.3 Effective Date. This Will shall take effect upon my death.

1.4 Consideration & Intent. This Will is executed voluntarily and for good and valuable consideration, the receipt and sufficiency of which are acknowledged, with the intent that it be my final expression concerning the disposition of my estate.

2. DEFINITIONS

Unless the context clearly requires otherwise, the following capitalized terms shall have the meanings set forth below. All references to statutory provisions shall include any successor or amended statute of substantially similar import.

“Accountings” has the meaning in Section 6.7.
“Applicable Fraction” means the applicable exclusion amount for federal estate tax purposes in effect on the date of my death.
“Child” or “Children” means any child born to or legally adopted by me, and the descendants of any deceased child, per stirpes.
“Code” means the Internal Revenue Code of 1986, as amended.
“Discretionary Distribution Standard” has the meaning in Section 6.4(b).
“Personal Representative” means the executor of my estate appointed under Article 7.
“Primary Beneficiaries” means those individuals identified in Section 6.4(a).
“Qualified Beneficiary” has the meaning ascribed in Fla. Stat. § 736.0103(19).
“Residuary Estate” means all property remaining after satisfaction of the gifts in Article 4 and the payment of expenses described in Article 9.
“Testamentary Trust” or “Trust” means the trust established in Article 5.
“Trustee” includes any Successor Trustee then serving.

[// GUIDANCE: Add additional defined terms as necessary for bespoke situations.]

3. REVOCATION OF PRIOR INSTRUMENTS & IDENTIFICATION OF FAMILY

3.1 Revocation. I hereby revoke all prior wills and codicils.

3.2 Marital Status. I am currently [SINGLE / MARRIED to [SPOUSE NAME]].

3.3 Children. My living children are:
(a) [CHILD 1 FULL NAME], born [DATE];
(b) [CHILD 2 FULL NAME], born [DATE]; and
(c) [OTHERS, if any].

Any reference to “my Children” or “my issue” shall include any child hereafter born to or adopted by me, except as expressly excluded.

4. SPECIFIC BEQUESTS

4.1 Tangible Personal Property Memorandum. I may leave a separate written memorandum, signed and dated by me, disposing of items of tangible personal property pursuant to Fla. Stat. § 732.515. The memorandum shall be incorporated herein by reference.

4.2 Specific Monetary & In-Kind Gifts. I give the following, free of all expenses and taxes unless otherwise specified:

(a) To [BENEFICIARY NAME], $[AMOUNT];
(b) To [BENEFICIARY NAME], [DESCRIPTION OF PROPERTY];
(c) [Add additional clauses as needed].

4.3 Lapse. If any specific beneficiary predeceases me, the gift shall lapse and fall into the Residuary Estate unless a contrary intent is stated.

5. RESIDUARY DISPOSITION & CREATION OF TESTAMENTARY TRUST

5.1 Pour-Over to Testamentary Trust. I give, devise, and bequeath all of the rest, residue, and remainder of my estate, wherever located and of whatever nature, including any lapsed or failed gifts (the “Residuary Estate”), to the Trustee, IN TRUST, to be administered and distributed as provided in Article 6.

5.2 Alternate Disposition. If, for any reason, the Trust is not created or fails for want of a qualified trustee, the Residuary Estate shall vest absolutely and outright in my then-living Children, per stirpes.

6. TESTAMENTARY TRUST TERMS

6.1 Name and Funding

The trust created herein shall be known as the “[TESTATOR SURNAME] Family Trust.” The initial trust corpus shall consist of the assets described in Section 5.1 and any additional property poured over from my probate estate or received by the Trust pursuant to beneficiary designations.

6.2 Trustees, Successor Trustees & Fiduciary Standards

(a) Initial Trustee. I appoint [TRUSTEE NAME] as initial Trustee.
(b) Successor Trustees. If the initial Trustee resigns, dies, or is unwilling or unable to serve, I appoint [SUCCESSOR TRUSTEE NAME] as first Successor Trustee and [SECOND SUCCESSOR TRUSTEE NAME] as second Successor Trustee.
(c) Acceptance; Bond. No bond shall be required of any Trustee unless mandated by the Probate Court.
(d) Fiduciary Duty. Each Trustee shall act in a fiduciary capacity and be subject to the prudent investor rule set forth in Part II of the Florida Trust Code (Fla. Stat. §§ 518.10-518.14 & 736.0801-736.0809).

6.3 Trust Administration Rules

(a) Florida Trust Code. The Trust shall be administered in accordance with Chapter 736, Florida Statutes, and any mandatory rules thereunder, regardless of any contrary discretionary provision herein.
(b) Spendthrift Protection. All beneficial interests are subject to a spendthrift clause, restricting voluntary and involuntary transfers, to the maximum extent permitted by law (Fla. Stat. § 736.0502).
(c) Principal & Income. Allocations shall follow the Florida Principal and Income Act (Ch. 738, Fla. Stat.).

6.4 Beneficial Interests & Distribution Requirements

(a) Primary Beneficiaries. The Primary Beneficiaries of the Trust are my Children.
(b) Discretionary Distribution Standard. During the life of each Primary Beneficiary, the Trustee may distribute so much of the net income and principal as the Trustee, in the Trustee’s sole and absolute discretion, deems advisable for the Beneficiary’s health, education, maintenance, or support (“HEMS Standard”).
(c) Mandatory Termination. Upon the youngest Primary Beneficiary reaching the age of [AGE, e.g., 30] years, the Trustee shall distribute the remaining Trust estate outright, per stirpes.
(d) Early Withdrawals. Each Primary Beneficiary may withdraw up to [PERCENT]% of his or her share at age [AGE], up to [PERCENT]% at age [AGE], and the balance at age [AGE].

6.5 Trustee Powers

In addition to the powers granted by law, the Trustee shall have all powers enumerated in Fla. Stat. § 736.0816, subject to the following limitations:
(a) Self-Dealing. A Trustee who is also a Beneficiary shall not participate in decisions that would confer distributions solely to such Trustee, except as allowed under an objective HEMS standard.
(b) Delegation. The Trustee may delegate investment functions to qualified professionals under Fla. Stat. § 736.0807.
(c) Real Property. The Trustee may retain, lease, encumber, or sell any real property without court order.

6.6 Trustee Indemnification; Limitation of Liability

(a) Indemnity. The Trust estate shall indemnify and hold harmless the Trustee from all claims, liabilities, and expenses (including reasonable attorneys’ fees) arising from administration of the Trust, except for losses resulting from the Trustee’s gross negligence, bad faith, or willful misconduct.
(b) Liability Cap. Any liability of the Trustee shall be limited to the value of the Trust assets under administration at the time the liability is determined. Neither the Trustee nor any Beneficiary shall have personal liability for obligations properly incurred on behalf of the Trust.

6.7 Accountings, Reports & Dispute Resolution

(a) Annual Accountings. The Trustee shall provide annual Accountings in accordance with Fla. Stat. § 736.0813 to all Qualified Beneficiaries.
(b) Informal Resolution. Any dispute concerning the administration of the Trust shall first be submitted to non-binding mediation before a mediator certified in Florida, unless waived by unanimous written consent of all Qualified Beneficiaries.
(c) Probate Court Enforcement. The Probate Court shall retain exclusive jurisdiction to issue injunctive or other equitable relief to enforce Trust provisions.

6.8 Termination of Trust

The Trust shall terminate upon the earlier of:
(a) Distribution of all Trust assets to the Beneficiaries in accordance with Section 6.4(c); or
(b) A final judicial determination that continuation of the Trust is no longer economically feasible, in which case assets shall be distributed outright to the then-Qualified Beneficiaries, per stirpes.

7. APPOINTMENT OF PERSONAL REPRESENTATIVE

7.1 Designation. I nominate [PERSONAL REPRESENTATIVE NAME] as Personal Representative of my estate. If such nominee fails to qualify or ceases to act, I nominate [ALTERNATE PERSONAL REPRESENTATIVE NAME].

7.2 Powers. The Personal Representative shall have all powers set forth in Fla. Stat. § 733.612 and any other applicable authority to settle my estate efficiently without court order, including sale of real and personal property, compromise of claims, and retention of assets.

7.3 Compensation & Bond. The Personal Representative shall be entitled to reasonable compensation under Fla. Stat. § 733.617 and shall serve without bond unless the Probate Court orders otherwise.

8. APPOINTMENT OF GUARDIAN FOR MINOR CHILDREN

If at my death any of my Children are minors and the other natural parent is deceased or otherwise unable or unwilling to serve, I nominate [GUARDIAN NAME] as guardian of the person and property of such minor Children. [ALTERNATE GUARDIAN NAME] is nominated as successor guardian.

[// GUIDANCE: Florida courts give great weight to parental nomination but retain discretion. Confirm suitability of nominee.]

9. TAX & ADMINISTRATIVE PROVISIONS

9.1 Payment of Debts, Expenses & Taxes. My Personal Representative shall pay from the Residuary Estate all legally enforceable debts, funeral expenses, and administration expenses. All estate, inheritance, and similar death taxes attributable to my taxable estate shall be paid from the Residuary Estate without apportionment, except as otherwise directed by beneficiary designations or governing instruments.

9.2 Generation-Skipping Transfer Tax Allocation. The Trustee shall allocate the applicable GST exemption to Trust property in the Trustee’s discretion to minimize aggregate transfer taxes.

9.3 Homestead. If my principal residence qualifies as homestead under the Florida Constitution, I direct my Personal Representative to follow the homestead exemption procedures and refrain from subjecting such property to creditor claims except as permitted by law.

9.4 Digital Assets. I grant my Personal Representative and Trustee the authority to access, manage, and delete my digital assets and electronic communications pursuant to the Florida Fiduciary Access to Digital Assets Act (Ch. 740, Fla. Stat.).

9.5 Apportionment Between Principal and Income. Except as otherwise provided herein, all receipts and expenditures shall be allocated between principal and income in accordance with the Florida Principal and Income Act.

10. MISCELLANEOUS & CONSTRUCTION

10.1 Headings. Section headings are for convenience only and shall not affect interpretation.

10.2 Gender and Number. Words of any gender shall include the other gender; words in the singular shall include the plural and vice versa.

10.3 Severability. If any provision of this Will is unenforceable, the remaining provisions shall remain in full force to the greatest extent possible.

10.4 No Contest Clause. If any beneficiary contests this Will or any Trust created herein, directly or indirectly, any share or interest of such beneficiary shall be forfeited and pass as though that beneficiary had predeceased me, unless such contest is in good-faith reliance on probable cause, as determined by the Probate Court.

10.5 Survival Requirement. Any beneficiary must survive me by 120 hours to take under this Will, unless a shorter period is mandated by governing law.

10.6 Incorporation by Reference. Any separate writing disposing of tangible personal property, beneficiary designation, or trust schedule expressly referenced herein is incorporated by reference.

10.7 Counterparts & Electronic Signatures. To the extent permitted by Fla. Stat. §§ 117.201-117.305 (Remote Online Notarization) and other applicable law, counterparts and electronic signatures are deemed originals.

10.8 Residue Clause Construction. Except as otherwise expressly provided, words of survivorship attached to class gifts shall be construed to prevent lapse.

10.9 Pre-Marital and Post-Marital Rights. Nothing herein shall be construed to waive or limit any elective share, family allowance, exempt property, or other statutory rights unless an enforceable Pre- or Post-Marital Agreement provides otherwise.

11. EXECUTION BLOCK

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], have signed my name to this Will, consisting of ___ pages, on the date first written above, at [CITY], Florida, in the presence of the undersigned witnesses who, at my request, in my presence, and in the presence of each other, have hereunto subscribed their names as witnesses.

_______
[TESTATOR FULL LEGAL NAME], Testator

Witnesses

1. _______
   Name: [PRINTED NAME]
   Address: [ADDRESS]

2. _______
   Name: [PRINTED NAME]
   Address: [ADDRESS]

12. SELF-PROVING AFFIDAVIT

(Florida Statutes § 732.503)

STATE OF FLORIDA
COUNTY OF [COUNTY]

We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being first duly sworn, do hereby declare to the undersigned authority that the Testator signed the foregoing instrument as the Testator’s Will; that the Testator signed willingly, or willingly directed another to sign for the Testator; that each of us, in the presence and hearing of the Testator, signed the Will as a witness; and that, to the best of our 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 to, and acknowledged before me by [TESTATOR NAME], who is personally known to me or has produced ____ as identification, and subscribed and sworn to before me by [WITNESS 1 NAME] and [WITNESS 2 NAME], who are personally known to me or have produced ___ and __, respectively, as identification, this ___ day of _ 20__.

Notary Public, State of Florida
Name: ___
Commission No.: __
My Commission Expires: ____

(Seal)

[// GUIDANCE: Attach any schedules or beneficiary designation forms as necessary. Conduct a full homestead and elective share analysis for married clients. Consider pairing this Will with trust funding instructions and updated beneficiary designations to ensure seamless transfer of non-probate assets.]