Master Will Form
Master Will Form
_________________________
1.5 All references in this Will to the Descendants of any person shall mean their
naturally born children and legally adopted children less than 18 years of age (unless indicated
otherwise) as well as any of their children’s naturally born children and legally adopted children
less than 18 years of age throughout the generations to come.
ARTICLE 2: BURIAL
2.1 I request that my Executor make arrangements for funeral services to be
conducted at ______________________________ followed by a memorial service to be held at
_______________________________________.
2.3 All costs and expenses associated with these requests shall be paid from my
estate.
2379214v1 -1-
ARTICLE 3: DEBTS & EXPENSES
3.1 I direct that all of my due and payable debts, including funeral, memorial and
burial expenses, the expenses of the administration of my estate, all estate, inheritance and
similar taxes payable with respect to property included in my probate estate, including any
interest or penalties thereon, shall be paid out of my estate in accordance with the laws of the
State of Georgia, without apportionment or right of reimbursement from any beneficiary under
my Will.
2379214v1
5.4 The reasonable costs of delivering such property shall be paid by my Executor as
an expense of my estate.
7.2 If there should be no living beneficiary under the above provisions to receive the
assets in my residuary estate, then my residuary estate shall be distributed to the persons who
would be entitled thereto under the laws of descent and distribution of the laws of the State of
Georgia if I had died intestate at that time owning such property in fee simple.
8.3 The Trustee shall hold, manage, invest and reinvest the property of such
beneficiary in a separate trust and shall distribute to or for the benefit of the beneficiary so much
or all of the net income or principal thereof as the Trustee, in the Trustee’s sole discretion, shall
2379214v1
deem necessary to provide for such beneficiary’s health, education, maintenance and support,
taking into consideration any other resources available to such beneficiary. Any net income not
so paid shall be accumulated and added to principal at least annually and thereafter shall be held,
administered and disposed of as a part thereof.
8.4 When such beneficiary reaches _____________ years of age, the Trustee shall
distribute one-half (1/2) of the assets then held in trust to such beneficiary; and if and when such
beneficiary reaches ____________ years of age, the Trust shall automatically terminate and the
Trustee shall distribute all remaining principal and income to such beneficiary. Notwithstanding
any provision herein to the contrary, my Trustee may determine it is in the best interests of the
beneficiary to terminate the trust prior to such beneficiary reaching ____________ years of age
and distribute all trust assets directly to such beneficiary or into a custodial account established
for such beneficiary, and my Trustee shall have no liability therefore.
8.5 If such beneficiary dies before receiving all of the assets in his or her trust, the
principal and income in such beneficiary’s trust shall be paid and distributed to such
beneficiary’s living Descendants, per stirpes, if any; and if none, then to my living Descendants,
per stirpes, provided, however, that if any such Descendant is a beneficiary of another trust
under this Will, such property otherwise distributable to such beneficiary shall be held in
accordance with such trust. If I have no living Descendant, such property shall be distributed to
the beneficiaries of my residuary estate as provided in this Will, or if there are none, to the
persons who would be entitled thereto under the laws of descent and distribution of the State of
Georgia if I had died intestate at that time owning such property in fee simple.
9.2 The Trustee shall hold, manage, invest and reinvest such trust property, and may
distribute to or for the benefit of the beneficiary so much or all of the net income or principal
thereof as the Trustee, in the Trustee’s sole and absolute discretion may, may deem necessary or
advisable, taking into consideration all factors the Trustee deems pertinent, including any
benefits such beneficiary otherwise receives or may receive as a result of any handicap or
disability from any local, state or federal government or agencies, or from any private agencies,
any of which provides services or benefits to handicapped persons. Any income not paid out or
used currently shall be accumulated and added to the principal of the trust.
9.3 My primary desire is that this trust provide such beneficiary with a higher quality
of life than that provided by entitlement and other assistance programs, and that such beneficiary
receive distributions from this trust in addition to any benefits received as a result of any
handicap or disability from any local, state or federal government or agency, or from any private
agencies, any of which provides services or benefits to handicapped persons. The Trustee shall
be guided by this consideration in determining the amounts to be distributed to such beneficiary
hereunder, and any trust distributions will supplement, rather than supplant, any benefits which
2379214v1
such beneficiary receives or may receive from any government or agency. The Trustee shall take
into consideration the applicable resource and income limitations of any public and private
entitlement and assistance programs for which such beneficiary is or may be eligible in deciding
whether to make any discretionary distributions hereunder, and shall undertake a comprehensive
annual review of any such programs for which such beneficiary is or may be eligible.
9.4 In the event the Trustee is requested by any department or agency to release
principal or income of this trust to or on behalf of my child, to pay for equipment, medication or
services that any such organizations or agencies are authorized to provide, or in the event the
Trustee is requested by any department or agency administering such benefits to petition a court
or any other administrative agency for the release of trust principal or income for this purpose,
the Trustee is authorized to deny such request and is authorized to defend, at the expense of this
trust, any challenge or other attack of any nature on the assets in this trust.
9.5 The Trustee shall consult periodically with those persons or institutions, if any,
providing such beneficiary with professional or personal services, including, but not limited to,
health care, developmental, therapeutic and educational services, regarding such beneficiary’s
development and capabilities. Such periodic consultations shall form the basis for any
adjustments which need be made in the amount and frequency of distributions from the trust to
or for the benefit of such beneficiary to reflect any changes in my child’s physical and mental
development.
9.6 The Trustee may also distribute to such beneficiary that portion of the principal
which the Trustee believes the beneficiary is capable of managing outside the trust, if the Trustee
deems such an exercise of management powers by the beneficiary over such property to be in the
beneficiary’s best interest. The Trustee shall carefully consider the effect of any distribution
hereunder on the beneficiary’s eligibility for local, state or federal entitlement and assistance
programs which provide services or benefits to handicapped persons.
9.7 If such beneficiary dies before receiving all of the assets held in trust, the
principal and income in such beneficiary’s trust shall be paid and distributed to such
beneficiary’s living Descendants, per stirpes, if any; and if none, then to my living Descendants,
per stirpes, provided, however, that if any such Descendant is a beneficiary of another trust
under this Will, such property otherwise distributable to such beneficiary shall be held in
accordance with such trust. If I have no living Descendant, such property shall be distributed to
the beneficiaries of my residuary estate as provided in this Will, or if there are none, to the
persons who would be entitled thereto under the laws of descent and distribution of the State of
Georgia if I had died intestate at that time owning such property in fee simple.
2379214v1
to minors act, or to the person or persons with whom the beneficiary resides. Evidence of any
such distribution or the receipt therefor executed by the person to whom the distribution is made
shall be a full discharge of my Executor from any liability with respect thereto, even though my
Executor may be such person.
10.2 If such beneficiary dies before receiving all of the assets held in conservancy, the
principal and income in such beneficiary’s trust shall be paid and distributed to such
beneficiary’s living Descendants, per stirpes, if any; and if none, then to my living Descendants,
per stirpes. If I have no living Descendant, such property shall be distributed to the beneficiaries
of my residuary estate as provided in this Will, or if there are none, to the persons who would be
entitled thereto under the laws of descent and distribution of the State of Georgia if I had died
intestate at that time owning such property in fee simple.
2379214v1
12.4 I appoint ____________________________ to serve as Trustee of any trust
created under this Will, and if my Trustee is unwilling or unable to serve, I appoint
____________________ to serve as the Successor Trustee of any trust created under this Will.
(Or)
12.5 I appoint ______________________________________ and
_______________________________, as Co-Trustees of any trust created under this Will, and if
either of them is unwilling or unable to serve, the remaining Co-Trustee to continue to serve as
sole successor Trustee hereunder. I request my Co-Trustees make every reasonable effort to
make their decisions unanimously, however, in the event they are unable to do so,
__________________________________ shall have the ultimate decision making authority.
(And/Or)
12.6 I do not want _______________________ to serve as my Trustee under any
circumstances.
13.2 No Fiduciary shall be required to file or furnish any bond, surety or other security
in any jurisdiction, nor shall any Fiduciary hereunder be required to file any inventory or other
reports with any court.
13.3 No Fiduciary shall be required to inquire into or audit the acts or doings of any
predecessor Fiduciary or to make claim against any such predecessor or their estate.
14.2 Any successor Fiduciary shall have and may exercise all of the powers, privileges,
immunities and exemptions conferred upon the predecessor Fiduciary as fully and to the same
extent as if such successor had originally been named as a Fiduciary. Any Fiduciary serving
hereunder shall keep full accounts and shall make and furnish statements of all receipts and
disbursements at least annually to each person then eligible to receive income from my estate or
any trust created hereunder and shall at any time, upon reasonable request of such person,
provide full information to such person as to the condition of my estate, including amounts
received and disbursements made.
14.3 Any Fiduciary under this Will may resign without the order of any officer or court
and without consent of any beneficiary of any provision of this Will by giving such Fiduciary’s
successor and all persons then entitled to receive income hereunder, or the guardians of such
persons, thirty (30) days advance written notice of such intent to resign..at any time resign by
instrument in writing signed by such Executor or Trustee and delivered to the persons then
2379214v1
entitled to the income from my estate or such trust. In the case of an Executor, the Fiduciary
must also give notice to the Court having jurisdiction over the administration of my estate; and
upon properly accounting for all estate property received and disbursed, shall be discharged from
any and all further liabilities. In the case of a Trustee, the Fiduciary must deliver the trust
property to the successor Trustee and upon properly accounting for all trust property received
and disbursed, shall be discharged from any and all further liabilities
2379214v1
ARTICLE 19: CONTESTS DISALLOWED
19.1 Should any beneficiary accept for __________________________ contest or
initiate proceedings to contest the validity of this Will or to prevent any provision herein from
being carried out in accordance with its terms (whether or not in good faith and with probable
cause), then all the benefits provided for such contesting beneficiary in this Will
___________________________ are revoked and annulled.
19.2 The share to which such contesting beneficiary would otherwise have been
entitled shall be distributed to such persons and in such manner as if such contesting beneficiary
and all of such beneficiary’s Descendants had died immediately prior to such division without
exercising any power of appointment which they might otherwise have under this Will.
19.3 If all of the persons who are beneficiaries of this Will join in such contest or
proceeding, my estate shall be distributed to any those persons who are not contesting
beneficiaries and who would otherwise be entitled thereto under the laws of descent and
distribution of the State of Georgia if I had died intestate at that time owning such property in fee
simple.
IN WITNESS WHEREOF, I have set my hand and seal this _______ day of _________, 2012.
(SEAL)
___________________, (Testator/Testatrix)
TESTATION CLAUSE
_____________________, Witness
________________________, Witness
2379214v1
SELF PROVING AFFIDAVIT
STATE OF GEORGIA
COUNTY OF _______________________
Before me, the undersigned authority, on this day personally appeared the
Testator/Testatrix, ____________________, and the witnesses, _______________________
and ____________________, whose names are subscribed to the annexed or foregoing
instrument in their respective capacities, and all of said individuals being duly sworn, the
(Testator/Testatrix), declared to me and to the witnesses in my presence that said instrument is
the Last Will and Testament of the (Testator/Testatrix) and that the (Testator/Testatrix) had
willingly made and executed it as the (Testator’s/Testatrix’s) free act and deed for the purposes
expressed therein. The witnesses, each on oath, stated to me in the presence and hearing of the
(Testator/Testatrix) that the (Testator/Testatrix) had declared to them that the instrument is the
(Testator’s/Testatrix’s) Last Will and Testament and that the (Testator/Testatrix) executed the
instrument as such and wished each of them to sign it as a witness; and under oath each witness
stated further that the witnesses had signed the same as witness in the presence of the
(Testator/Testatrix) and at the (Testator’s/Testatrix’s) request; that the (Testator/Testatrix) was
fourteen (14) years of age or over and of sound mind; and that each of the witnesses was then at
least fourteen (14) years of age.
(SEAL)
_______________________, (Testator/Testatrix)
________________________, Witness
________________________, Witness
2379214v1 -10-