Trust Will

This Trust Will is made by [Your Name], hereby declares this document as their testament, revoking all previously made wills and codicils. This will is designed to organize the distribution of my estate through a Trust to ensure responsible management and disbursement according to my wishes.

I. Declaration

I, [Your Name], residing at [Your Company Address], declare that I am of legal age and sound mind to make this will and establish a Trust for the benefit of my heirs and assigns. I am not under any duress or undue influence to make this will.

II. Appointment of Executor and Trustee

I hereby appoint [Executor’s Full Name] of [Executor’s Address], as the Executor of this will, who shall serve:

A. Executor's Duties and Powers

Without bond: My appointed executor shall serve without the requirement of posting a bond, ensuring a seamless administration of my estate.
Without surety: It is my explicit directive that no surety shall be necessary for the performance of duties by my executor, providing further efficiency in the execution of this will.

B. Alternate Executor

If [Executor’s Full Name] is unable or unwilling to serve, [Alternate Executor’s Full Name] of [Alternate Executor’s Address] is hereby appointed as the alternate executor to fulfill the duties outlined in this will.

I further appoint [Trustee’s Full Name] of [Trustee’s Address], as the Trustee of my estate. The Trustee shall have all powers as provided by law to manage and control the assets of the trust.

C. Trustee's Powers

Management and Control: The appointed trustee shall possess the authority to manage and control all assets held within the trust, exercising due diligence and prudence in their administration.
Legal Authority: The trustee shall have full legal authority to act on behalf of the trust in all matters about its administration, including but not limited to investments, disbursements, and legal proceedings.
Investment Discretion: It is my express wish that the trustee be granted discretionary powers in making investment decisions, to preserve and enhance the value of the trust assets for the benefit of the beneficiaries.
Distribution Authority: The trustee shall have the authority to distribute trust assets to beneficiaries under the terms and conditions stipulated in the trust document or as directed by applicable law.

D. Succession Plan for Trustee

If [Trustee’s Full Name] is unable or unwilling to serve as trustee, the successor trustee shall be [Successor Trustee’s Full Name] of [Successor Trustee’s Address], who shall assume all rights, powers, and responsibilities as outlined in this will and any accompanying trust documents.

III. Details of the Trust

This section provides essential details regarding the administration and terms of the trust:

A. Beneficiaries

Primary Beneficiaries: The primary beneficiaries of this Trust will be [Names of Primary Beneficiaries].
Secondary Beneficiaries: In the event of the primary beneficiaries' prior demise, secondary beneficiaries include [Names of Secondary Beneficiaries].

B. Asset Distribution

Distribution Plan: Assets shall be distributed as follows:
- [Description of Specific Asset] to [Beneficiary Name]
- [Description of Specific Asset] to [Beneficiary Name]

C. Special Instructions

Management During Grantor's Lifetime: If applicable, provisions for trust management during the grantor's lifetime shall allow for their involvement in decision-making. This may include granting the grantor the authority to modify or revoke the trust, distribute assets to beneficiaries, appoint or remove trustees, or exercise other powers over trust assets.
Asset Management: Instructions for managing trust assets shall ensure their prudent and diligent management in the best interests of beneficiaries. This may involve diversifying investments, considering risk tolerance, regularly reviewing performance, adhering to laws, and prioritizing income generation or asset growth, as per trust goals and beneficiary needs.
Trust Modification: Provisions for modifying the trust during the grantor's lifetime, if allowed, shall specify the procedures and conditions. This may include requiring written notice of proposed changes, obtaining consent from relevant parties, and ensuring compliance with legal requirements, considering changes in circumstances, tax laws, or the grantor's wishes.
Other Special Instructions: Additional directives governing trust administration or asset distribution shall ensure compliance with the grantor's wishes and effective management. This may involve timing and frequency of distributions, trustee appointment or removal, dispute resolution guidelines, and instructions for handling specific assets or liabilities, aiming to provide clarity and guidance for smooth trust operation.

IV. Guardian for Minor Children

I appoint [Guardian’s Full Name] of [Guardian's Address], as the guardian of my minor children. If [Guardian’s Full Name] is unable or unwilling to serve, then I appoint [Alternate Guardian’s Full Name] as the alternate guardian.

A. Guardian's Responsibilities

Custodial Care: The appointed guardian shall assume responsibility for the care, upbringing, and well-being of my minor children in their best interests.
Educational and Medical Decisions: I expect that the guardian shall have the authority to make decisions regarding the education, health, and welfare of my minor children, including but not limited to educational choices, medical treatments, and extracurricular activities.
Financial Management: The guardian shall manage any financial assets or resources provided for the benefit of my minor children prudently and in their best interests, ensuring that such assets are used for their care, maintenance, and education.

B. Alternate Guardian's Role

If [Guardian’s Full Name] is unable or unwilling to serve as guardian, [Alternate Guardian’s Full Name] shall assume all rights, powers, and responsibilities as outlined in this will regarding the care and guardianship of my minor children.

V. Signatures and Witnesses

This Trust Will was signed and declared by [YOUR NAME], the Testator, in the presence of the undersigned witnesses.

Testator:

Name: [YOUR NAME]

Address: [YOUR ADDRESS]

Witness 1:

Name: [WITNESS NAME 1]

Address: [WITNESS ADDRESS 1]

Witness 2:

Name: [WITNESS NAME 2]

Address: [WITNESS ADDRESS 2]

VI. Notary

State of [YOUR STATE], County of [YOUR COUNTY], ss:

On this [DATE], before me, [NOTARY'S NAME], a notary public in and for the said state, personally appeared [YOUR NAME], known to me to be the person described in and who executed the preceding instrument, and acknowledged that he/she executed the same as his/her free act and deed for the purposes therein contained.

Notary Public: [NOTARY'S NAME]

My Commission Expires: [EXPIRATION DATE]