Establishing secure connection…Loading editor…Preparing document…

Estate Planning Will and Trust Template

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

ESTATE PLANNING LAST WILL AND REVOCABLE LIVING TRUST AGREEMENT

This Last Will and Revocable Living Trust Agreement is made on this by and between Testator/Settlor Name: whose address is (the "Settlor/Testator"), and Trustee Name: whose address is (the "Trustee").

RECITALS

WHEREAS, Settlor is of sound mind, is over the age of eighteen, and intends by this instrument to provide for the disposition of Settlor's probate estate and to create a revocable trust for the management of trust property during Settlor's lifetime and upon Settlor's incapacity or death; and

WHEREAS, Settlor desires to name and empower the Trustee to hold and administer certain property for the benefit of the beneficiaries described herein under the terms and conditions set forth below; and

WHEREAS, the parties intend for this instrument to serve both as Settlor's Last Will disposing of any probate estate and as a declaration of trust to govern trust assets transferred to the Trustee, and to provide for the orderly management and distribution of Settlor's assets.

NOW THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Settlor and Trustee agree as follows:

1. DECLARATION OF TRUST AND TESTAMENTARY DISPOSITION

1.1 Declaration of Trust. Settlor hereby transfers to Trustee, in trust, all property listed on the Schedule of Assets below and any other property transferred to the Trustee during Settlor's lifetime or by operation of law ("Trust Estate"), to be held, managed and distributed by Trustee in accordance with the terms of this instrument. The trust created by this instrument shall be known as the Settlor's Revocable Living Trust.

1.2 Testamentary Disposition. To the extent any assets of Settlor are not effectively transferred to the Trust prior to Settlor's death, Settlor directs that such assets be distributed in the manner set forth in Section 4 as if they were part of the Trust Estates.

2. IDENTIFICATION OF BENEFICIARIES

2.1 Primary Beneficiaries. Settlor hereby designates the following primary beneficiaries to receive the distributions described herein: Primary Beneficiaries:

2.2 Contingent Beneficiaries. If a primary beneficiary predeceases Settlor or is otherwise unable to accept a distribution, the contingent beneficiaries designated below shall take in place of such primary beneficiary.

3. APPOINTMENT OF EXECUTOR AND TRUSTEE

3.1 Executor. Settlor appoints the Trustee named above as Executor of Settlor's Last Will. If the Trustee is unable or unwilling to serve as Executor, the alternate Executor shall be:

3.2 Trustee Succession. If the Trustee is unable or unwilling to serve, the following individual or entity shall serve as successor Trustee in the order named. Successor Trustee(s):

4. DISTRIBUTION OF ESTATE

4.1 Specific Bequests. Settlor directs that the Trustee or Executor distribute the following specific bequests to the named beneficiaries, free of trust, subject to the conditions stated below.

4.2 Residuary Estate. After payment of debts, expenses, taxes and specific bequests, the rest, residue and remainder of Settlor's estate and trust estate shall be distributed to the residuary beneficiaries as follows:

5. GUARDIANSHIP

5.1 Appointment of Guardian. If at Settlor's death there are minor children of Settlor, Settlor appoints as guardian of the person and estate of such minor children:

6. POWERS AND DUTIES OF THE TRUSTEE AND EXECUTOR

6.1 General Powers. The Trustee and Executor shall have all powers granted by statute and common law necessary or convenient to carry out the purposes of this instrument, including but not limited to the power to collect, hold, invest, reinvest, sell, lease, exchange, partition, encumber, compromise and otherwise administer Trust Estate; to hire agents, advisors and attorneys; and to exercise discretion in distributions to beneficiaries.

6.2 Tax and Administrative Powers. Trustee shall have the power to allocate receipts and expenses between income and principal to the extent permitted by applicable law, to file tax returns for the trust and estate, and to make any elections available under federal and state tax law in the Trustee's discretion to minimize tax liability.

7. TRUST FUNDING AND ADMINISTRATION

7.1 Funding. Settlor intends to transfer to the Trustee the assets described in the Schedule of Assets. The Trustee shall hold and manage all assets transferred to the Trust pursuant to the terms of this instrument. Unfunded assets at Settlor's death shall pass by the terms of the Last Will provisions herein to the Trust for distribution.

8. REVOCATION, AMENDMENT AND INCAPACITY

8.1 Revocation and Amendment. During Settlor's lifetime and while competent, Settlor reserves the absolute right to revoke or amend this Trust in whole or in part by a written instrument signed by Settlor and delivered to the Trustee. No oral revocation or amendment shall be effective.

8.2 Incapacity. Upon a determination by a licensed physician in a writing delivered to the Trustee that Settlor is incapacitated, the Trustee shall assume full responsibility for managing the Trust Estate for Settlor's benefit until such time as Settlor is determined to be competent.

9. TAXES, DEBTS AND EXPENSES

9.1 Payment of Debts and Expenses. The Trustee and Executor shall pay reasonable funeral expenses, administration expenses, creditors' claims allowed against the estate, and all taxes and assessments attributable to the estate or trust from the appropriate funds, and may adjust principal and income allocations to accomplish an equitable result.

10. NO-CONTEST; ATTORNEY'S FEES

10.1 No-Contest Clause. If any beneficiary directly or indirectly contests or attacks this instrument or any of its provisions and loses, that beneficiary shall forfeit any share or interest in the estate or trust that the beneficiary would otherwise receive.

10.2 Attorney's Fees. In the event of litigation involving the construction or administration of this instrument, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing party to the extent permitted by law.

11. TRUSTEE COMPENSATION; BOND

11.1 Compensation. Trustee shall be entitled to reasonable compensation for services rendered and shall be reimbursed for reasonable expenses incurred in the performance of duties. The compensation may be set by agreement of the parties or as allowed by applicable statute.

11.2 Bond. Unless otherwise directed by Settlor or required by applicable law, Trustee shall serve without furnishing bond or other security for the performance of the Trustee's duties.

12. SPENDTHRIFT AND PROTECTIVE PROVISIONS

12.1 Spendthrift Clause. To the fullest extent permitted by law, the interest of any beneficiary in the principal or income of the Trust Estate shall not be subject to assignment, alienation, pledge, attachment, execution, or other legal process, except as provided by statute.

13. NOTICES

13.1 Any notice, demand or other communication required or permitted under this instrument shall be in writing and shall be deemed sufficiently given if delivered personally or sent by certified mail, return receipt requested, to the addresses set forth below or to such other address as a party may designate in writing.

14. GOVERNING LAW

This instrument shall be governed by and construed in accordance with the laws of the state specified below, without regard to its conflict of laws principles.

15. ENTIRE AGREEMENT; SEVERABILITY

15.1 Entire Agreement. This instrument, together with any schedules and any properly executed amendments, constitutes the entire agreement between the parties with respect to the matters herein and supersedes all prior agreements, understandings and representations.

15.2 Severability. If any provision of this instrument is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions, which shall remain in full force and effect.

16. AMENDMENTS, WAIVER AND COUNTERPARTS

16.1 Amendments. This instrument may be amended only by a written instrument signed by Settlor and by the Trustee if required by the amendment.

16.2 Waiver. No waiver of any provision of this instrument shall be effective unless in writing and signed by the party against whom enforcement is sought.

16.3 Counterparts. This instrument may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

17. MISCELLANEOUS PROVISIONS

17.1 Construction. The headings contained in this instrument are inserted for convenience only and shall not affect the interpretation of any of its provisions. Words in the singular shall include the plural and vice versa where the context so requires.

Settlor/Testator Printed Name:

By:

Date:

Trustee Printed Name:

By:

Date:

Enter text✕
Prepare your document for signing right on this page
  • 01 Edit the text and complete the fields
  • 02 Click Sign Now and on the next screen add recipients and signature fields in SignNow
  • 03 Start your free trial to sign and send your doc
Sign Now

What the Estate Planning Will and Trust Template Is

The Estate Planning Will and Trust Template is a combined legal draft designed to capture a testator’s last will and to establish a revocable trust or testamentary trust provisions. It organizes executor/trustee appointments, specific bequests, residuary distribution, guardianship for minors, and funding instructions into standardized clauses ready for review and execution.

Why a Clear Template Matters for Estate Planning

A professional template reduces ambiguity, ensures essential clauses are present, and helps document consistent beneficiary and trustee instructions so assets transfer per intent and minimize probate complexity.

Why a Clear Template Matters for Estate Planning

Who Typically Completes an Estate Planning Will and Trust Template

Typical users include individual testators, estate attorneys, financial advisors, and trustees preparing or reviewing estate documents before execution.

  • Individual testators and families preparing end-of-life instructions and beneficiary designations.
  • Estate planning attorneys and paralegals producing legally precise wills and trust documents.
  • Financial advisors, trustees, and fiduciaries coordinating asset transfer and trust funding.

Use by these groups streamlines review, legal compliance checks, and consistent distribution planning across personal and client cases.

Core Sections Included in a Professional Will and Trust Template

A robust template bundles key clauses so the document is comprehensive: appointments, gifts, residuary clause, trust terms, guardianship, and administrative powers. Each section should include clear definitions and fallback provisions.

Executor/Trustee

Names, successor appointments, powers, and decision-making authorities for estate administration and trust management.

Specific Bequests

Precise identification of assets, monetary gifts, or property to named beneficiaries, with alternate recipients for contingencies.

Residuary Clause

Instructions for remaining estate assets after specific bequests, taxes, and debts are satisfied.

Trust Funding

Guidance on transferring assets into a revocable trust and instructions for trustee handling of funded property.

Guardianship

Designations for guardians of minor children and backup guardians, plus related discretionary instructions.

Revocation/Amendments

Language describing how the testator may revoke or amend the will or trust during lifetime.

Step-by-Step: Completing the Will and Trust Template

Follow these sequential steps to prepare the document for signature, notarization, and safe storage.

  • 01
    Gather Information: Collect legal names, asset lists, beneficiary details, and contact information.
  • 02
    Fill Core Sections: Enter executor, trustee, bequests, guardianship, and residuary provisions carefully.
  • 03
    Review with Counsel: Have an attorney verify state-specific formalities and tax implications.
  • 04
    Execute Properly: Sign with required witnesses and notary, or follow state RON rules where allowed.

How Electronic Completion Typically Works

A clear online workflow reduces execution friction while preserving an evidentiary audit trail for who signed, when, and how.

  • Upload Template: Import the will and trust PDF or DOCX into the signing platform.
  • Place Fields: Add signature, date, initial, and conditional fields where required.
  • Assign Signers: Set signing order and add authentication methods for each signer.
  • Complete Signing: Finalize signatures, capture audit trail, and distribute executed copies to stakeholders.

Configuring an Online Signing Workflow for This Template

Configure authentication, signing order, and conditional fields so the document meets legal and practical execution requirements.

Field Configuration
Authentication Email, SMS code, or advanced ID verification
Signing Order Sequential or parallel signer flow
Conditional Fields Show clauses only when relevant answers selected
Retention Settings Automatic PDF and audit trail storage

Distribution and eSubmission Options

Choose delivery modes that preserve legal evidence: email links, secure portal, or RON/kiosk where state law permits.

  • Email Link: Standard delivery with audit trail
  • Secure Portal: Controlled access and download logging
  • Remote Notarization: Audio-video notarization where permitted

eSignature Vendor Pricing and Feature Snapshot

Compare common plan benchmarks and core capabilities for signing and storing estate planning documents. signNow is listed first per platform comparison conventions.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Essential Data Elements the Template Must Capture

Full Legal Name: As on government ID
Date of Birth: MM/DD/YYYY
Address: Street, city, state, ZIP
Beneficiary Details: Full name and contact
Asset Descriptions: Address or account identifier
Executor/Trustee: Name and contact

Common Mistakes People Make Preparing Wills and Trusts

  • Using informal names or nicknames instead of legal names, causing identity disputes during probate.
  • Vague asset descriptions that fail to identify accounts, causing unintended residue or litigation.
  • Omitting alternate beneficiaries or successors for trustee and guardians, creating appointment gaps.
  • Skipping state-specific signing formalities such as witness count or notarization, risking invalidation.

Risks If the Document Is Incorrect or Improperly Executed

Invalid Will: May be rejected in probate
Beneficiary Disputes: Increased litigation risk
Probate Delays: Longer estate settlement time
Tax Consequences: Unexpected estate or income tax issues
Loss of Assets: Incorrectly titled property not transferred
Improper Notarization: May void self-proving affidavits

Download, Save, and Companion Documents

Ensure you collect supporting records and export the final documents in durable formats for courts, banks, and fiduciaries.

Export Formats

Save final executed documents as PDF/A and retain original DOCX drafts for editing.

Supporting Docs

Attach death certificate, deeds, account statements, and beneficiary designation forms where applicable.

Record Copies

Provide certified copies to trustees, executors, and primary beneficiaries as needed.

Audit Trail

Keep the signing audit trail with timestamps and signer authentication details.

Timing and Key Deadlines to Consider

Some deadlines are statutory; others depend on probate timing and tax return schedules — plan early to meet filing and funding steps.

Trust Funding:

Transfer assets to the trust promptly to avoid probate delays

Probate Filing:

File probate petitions according to local court timelines following death

Form 706:

Federal estate tax return due nine months after death (extensions possible)

Beneficiary Claims:

Claims periods vary by state; act quickly to preserve rights

Document Updates:

Review every 3–5 years or after major life events

Frequently Asked Questions and Troubleshooting

Answers to common questions about execution, e-signature validity, witnesses, and next steps when the template needs correction.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users
Sign Now
Company
Forms
Pricing
Resources
Knowledge base
Other Products
© 2026 airSlate Inc. All rights reserved.