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LAST WILL AND TESTAMENT
OF
[fillable 1]

I, [fillable 2], of [fillable 3]x County, Colorado, make this my Last Will and Testament, and I revoke all Wills and Codicils previously made by me.

ARTICLE I
Family

I am not married, and I have one child now living, namely, [fillable 4 – child’s name].  All references in this Will to "my child" are to [select – him or her] and all references in this Will to "my descendants" are to my child and to all of [select – his or her] descendants.

ARTICLE II
Specific Devise of Tangible Personal Property

  • 2.1  Subject to Separate Writing.  I give specific items of tangible personal property in accordance with a separate statement or list I may leave which will be in my handwriting or signed by me.  In the event no such statement or list is located within thirty (30) days after the date of my death, my Personal Representative may conclusively presume that no such statement or list exists, and the provisions of this section shall be of no force or effect.
  • 2.2  Not Subject to Separate Statement of List. I give all my tangible personal property not covered by such statement or list to my surviving child, provided that if in the discretion of my Personal Representative it shall not be practical to distribute any of the foregoing property to my surviving child, then I direct my Personal Representative sell the same, upon such terms and conditions as my Personal Representative shall determine, and add the proceeds to my residuary estate (as defined below).  

ARTICLE III
Devise of Residue

  • 3.1  Pour-Over to Revocable Trust.  I give all the rest of the property of whatever kind and wherever located that I own at the date of my death, all of which is referred to in this Will as my “residuary estate,” to the then acting trustee of [fillable 5] previously established by trust agreement of even date herewith (the “Trust”), under which I am Grantor and initial Trustee, to be added to and become a part of the principal of the Trust and to be held, administered, and distributed in accordance with the terms of the Trust as it exists now or is subsequently amended.
  • 3.2  Contingent Incorporation by Reference.  If for any reason other than as a result of my written revocation the Trust is not in existence at the date of my death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under such Trust Agreement as it exists at the time of my death to be invalid, I incorporate by reference the terms of the Trust as they exist on the date of this Will, and I give my residual estate to the Trustee designated in the Trust to be held, administered, and distributed as a testamentary trust or trusts in accordance with the terms of the Trust, including all applicable administrative provisions.  No bond or other indemnity shall be required of any Trustee nominated or appointed hereunder.
  • 3.3  Direct Distributions by Personal Representative. Notwithstanding any other provision of this article, if any part of my residual estate would upon receipt by the Trustee be immediately distributable by the Trustee, such part of my residual estate may be distributed directly by my Personal Representative as provided in the Trust.  My Personal Representative shall provide the Trustee with written evidence satisfactory to the Trustee substantiating any such direct distribution.

ARTICLE IV
Personal Representative Nominations

  • 4.1  Personal Representative.  I nominate [fillable 6], to be Personal Representative of my Will and estate.  If [fillable 7 – same as fillable 6] fails to qualify, dies, resigns, becomes incapacitated, or otherwise ceases to serve, I nominate [fillable 8], to be Personal Representative of my Will and estate.  If [fillable 9 – same as fillable 8] fails to qualify, dies, resigns, becomes incapacitated, or otherwise ceases to serve, I nominate [fillable 10], to be Personal Representative of my Will and estate. 
  • 4.2  Bond; Unsupervised Administration.  To the extent permissible by law, no bond, surety, or other security shall be required of my Personal Representative in any jurisdiction. If permitted by the laws of the state in which my Will is probated, my Personal Representative shall administer my estate without court supervision, and no action shall be required in any court in relation to the settlement of my estate other than the probating and recording of my Will and the return of an inventory, appraisement and list of claims of my estate.
  • 4.3  Expenses and Compensation.  Every Personal Representative shall be reimbursed for the reasonable costs and expenses incurred in connection with such Personal Representative's duties. Every Personal Representative shall be entitled to fair and reasonable compensation for services rendered by such Personal Representative in an amount not exceeding the customary and prevailing charges for services of a similar character at the time and place such services are performed.
  • 4.4  Ancillary Personal Representatives.  If my estate contains property located in another state or a foreign jurisdiction and my Personal Representative cannot or chooses not to serve under the laws thereof, my Personal Representative shall have the power to nominate an ancillary individual or corporate Personal Representative of such property.
  • 4.5  Multiple Personal Representatives.  Unless another meaning is clearly indicated or required by context or circumstances, the term "Personal Representative" shall also mean and include all persons or entities who may at any time be serving and any alternates or successors. Except as otherwise specifically provided in this Will, if Co-Personal Representatives are designated to serve hereunder or if Co-Personal Representatives are already serving, and one such Co-Personal Representative declines to serve, fails to qualify, dies, resigns, becomes incapacitated, or otherwise ceases to serve for any reason, then the remaining Personal Representative or Co-Personal Representatives, as the case may be, shall serve or continue to serve in such capacity.
  • 4.6  Actions by Co-Personal Representatives.  In all matters relating to my estate, the decision of a majority of the Personal Representatives then serving shall control.  Any writing signed by a Co-Personal Representative with the authority to act alone and independently shall be valid and effective for all purposes as if signed by all such Personal Representatives.

ARTICLE V
Personal Representative Powers

Each Personal Representative shall, to the extent permitted by law, act independently and free from the control of any court as to my estate (and as to all of the property of my estate). Each Personal Representative shall have and possess all powers and authorities conferred by statute or common law in any jurisdiction in which such Personal Representative may act, including all powers and authorities conferred by the Colorado Probate Code and by any future amendments thereto, except for any instance in which such powers and authorities may conflict with the express provisions of this Will, in which case the express provisions of this Will shall control. In addition to such powers and authorities, each Personal Representative shall have and possess the following powers and authorities (each of which shall be exercisable in the discretion of such Personal Representative) with respect to my estate, and the following provisions shall apply to my estate:

  • (a)  To retain, in the discretion of my Personal Representative, any property owned by me including securities of any Personal Representative without regard to the duty to diversify investments under the laws governing my estate and without liability for any depreciation or loss occasioned by such retention; 
  • (b)  To exchange, sell or lease (including leases for terms exceeding the duration of all trusts created by the Trust Agreement) for cash, property or credit, or to partition, publicly or privately, at such prices, on such terms, times and conditions and by instruments of such character and with such covenants as my Personal Representative deems proper, all or any part of the properties of my estate, specifically including the power to sell and convey real property and the power to execute deeds with regard to any such sale or conveyance, and no vendee or lessee shall be required to look to the application of any funds paid to my Personal Representative; 
  • (c)  To borrow money from any source (including any Personal Representative) and to mortgage, pledge, or in any other manner encumber all or any part of the properties of my estate as may be advisable in the judgment of my Personal Representative for the advantageous administration of my estate; 
  • (d)  To invest and reinvest the properties of my estate in any kind of property whatsoever, real or personal (including oil, gas and other mineral leases, royalties, overriding royalties and other interests), whether or not productive of income and without regard to the proportion that such property or property of a similar character held may bear to my entire estate; 
  • (e)  To enter into any transaction on behalf of my estate (including loans to beneficiaries for adequate security and adequate interest) despite the fact that another party to any such transaction may be (i) a trust of which any Personal Representative under this Will is also a trustee; (ii) an estate of which any Personal Representative under this Will is also an executor, personal representative or administrator, including my estate; (iii) a business or trust controlled by any Personal Representative under this Will or of which any such Personal Representative, or any director, officer or employee of any corporate Personal Representative is also a director, officer or employee; or (iv) any beneficiary or Personal Representative under this Will acting individually; 
  • (f)  To make, in the discretion of my Personal Representative, any distribution required or permitted to be made to any beneficiary under this Will in any of the following ways when such beneficiary is a minor or is incapacitated: (i) to such beneficiary directly; (ii) to the guardian or conservator of such beneficiary's person or estate; (iii) by applying the required or permitted distribution for the benefit of such beneficiary; (iv) to a person or financial institution serving as custodian for such beneficiary under a uniform transfers to minors act of any state; (v) by reimbursing or advancing funds to the person who is actually taking care of such beneficiary (even though such person is not the legal guardian or conservator) for expenditures made or to be made by such person for the benefit of such beneficiary; and (vi) by managing such distribution as a separate fund on the beneficiary's behalf, subject to the beneficiary's continuing right to withdraw the distribution; and the written receipts of the persons receiving such distributions shall be full and complete acquittances to my Personal Representative; 
  • (g)  To access, control, use, cancel, deactivate, or delete my Digital Accounts and Digital Assets, and to access, control, use, deactivate, or dispose of my Digital Devices. "Digital Accounts" are electronic systems for creating, generating, sending, sharing, communicating, receiving, storing, displaying, or processing information which provides access to a Digital Asset which is stored on any type of Digital Device, regardless of the ownership of the Digital Device upon which the Digital Asset is stored. "Digital Assets" mean data, files, text messages, emails, documents, audio, video, images, sounds, social media content, social networking content, apps, codes, health care records, health insurance records, credit card points, travel-related miles and points, computer source codes, computer programs, software, software licenses, databases, or the like, including access credential such as usernames, passwords and answers to secret questions, which are created, generated, sent, communicated, shared, received, or stored by electronic means on a Digital Device. "Digital Devices" are electronic devices that can create, generate, send, share, communicate, receive, store, display, or process information; and 
  • (h)  To make divisions, partitions, or distributions in money or in kind, or partly in each, whenever required or permitted to divide, partition, or distribute all or any part of my estate; and, in making any such divisions, partitions, or distributions, the judgment of my Personal Representative in the selection and valuation of the assets to be so divided, partitioned, or distributed shall be binding and conclusive; and, further, my Personal Representative shall be authorized to make distributions from my estate in divided or undivided interests and on a pro rata or non-pro rata basis and to adjust distributions for resulting differences in valuation.
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ARTICLE VI
Miscellaneous Provisions

  • 6.1  Survivorship Provisions. No person shall be deemed to have survived me if such person shall die within 30 days after my death; however, my Personal Representative may make distributions from my estate within that period for the support of my child. Any person who is prohibited by law from inheriting property from me shall be treated as having failed to survive me.
  • 6.2  Payment of Debts. I direct that all of my legal debts, funeral and testamentary expenses, costs and expenses of administration of my estate, and all estate, inheritance, transfer and succession taxes (Federal, State, and others) upon or with respect to any property required to be included in my gross estate under the provisions of any law, and whether or not passing hereunder, shall be paid as soon after my death as in the opinion of my Personal Representative is practical and advisable. If at the time of my death any of my property is subject to a mortgage, lien, or other debt, I direct that the devisee taking such property shall take it subject to such mortgage, lien, or other debt, and that such person shall not be entitled to have the obligation secured thereby paid out of my general estate. My Personal Representative is specifically given the right to renew, refinance and extend, in any form that my Personal Representative deems best, any secured or unsecured debt or charge existing at the time of my death. Under no circumstances shall my Personal Representative be required to prepay any debt of mine.
  • 6.3  Payment of Taxes and Expenses. All funeral expenses and all expenses incurred in connection with the administration of my estate shall be paid out of the residue of my estate without apportionment; provided, however, to the extent the residue of my estate is insufficient for the payment of such expenses, then any excess shall be paid on a pro rata basis from all of the assets included in my gross estate. All estate and inheritance taxes (including interest and penalties thereon) assessed under the provisions of any tax law against any assets of my estate, whether or not such property passes under my Will, or against any beneficiary of my estate as a result of my death, shall be paid in the manner provided in the Trust Agreement. My Personal Representative shall seek recovery of any taxes caused by the inclusion of property in my estate pursuant to Section 2041 of the Code as provided in Section 2207 of the Code.
  • 6.4  Spendthrift Provisions. Prior to the actual receipt of property by any beneficiary, no property (income or principal) distributable under this Will shall, voluntarily or involuntarily, be subject to anticipation or assignment by any beneficiary, or to attachment by or to the interference or control of any creditor or assignee of any beneficiary, or taken or reached by any legal or equitable process in satisfaction of any debt or liability of any beneficiary, and any attempted transfer or encumbrance of any interest in such property by any beneficiary hereunder prior to distribution shall be void.
  • 6.5  Descendants. References to "descendant" or "descendants" mean lineal blood descendants of the first, second or any other degree of the ancestor designated; provided, however, such references shall include, with respect to any provision of this Will, descendants who have been conceived at any specific point in time relevant to such provision and who thereafter survive birth; and provided, further, an adopted child and such adopted child's lineal descendants by blood or adoption shall be considered under my Will as lineal blood descendants of the adopting parent or parents and of anyone who is by blood or adoption a lineal ancestor of the adopting parent or of either of the adopting parents.
  • 6.6  Discretion. Whenever in this Will an action is authorized in the discretion of my Personal Representative, the term "discretion" shall mean the absolute and uncontrolled discretion of such Personal Representative.
  • 6.7  Incapacitated. A beneficiary shall be deemed "incapacitated" if my Personal Representative, in my Personal Representative's discretion, determines that such beneficiary lacks the ability, due to a physical or mental condition, to manage his or her own personal and financial affairs. My Personal Representative shall be deemed "incapacitated" if and for as long as (i) a court of competent jurisdiction has made a finding to that effect, (ii) a guardian or conservator of such Personal Representative's person or estate has been appointed by a court of competent jurisdiction and is serving as such, or (iii) two physicians (licensed to practice medicine in the state where my Personal Representative is domiciled at the time of the certification, and one of whom shall be board certified in the specialty most closely associated with the cause of such Personal Representative's incapacity) certify that due to a physical or mental condition my Personal Representative lacks the ability to manage his or her own personal and financial affairs. A Personal Representative shall immediately cease to serve upon being deemed incapacitated.

ARTICLE VII
No Contest Clause

If any beneficiary of my estate in any manner, directly or indirectly, contests the probate or validity of this Will or any of its provisions, or institutes or joins in, except as a party defendant, any proceeding to contest the probate or validity of this Will or to prevent any provision hereof from being carried out in accordance with the terms hereof, then all benefits provided for such beneficiary and such contesting beneficiary's descendants are revoked and shall pass as if that contesting beneficiary and such contesting beneficiary's descendants had failed to survive me. Each benefit conferred herein is made on the condition precedent that the beneficiary receiving such benefit shall accept and agree to all of the provisions of this Will, and the provisions of this Article are an essential part of each and every benefit. My Personal Representative shall be reimbursed for the reasonable costs and expenses, including attorneys' fees, incurred in connection with the defense of any such contest. Such reimbursement shall be made from my estate.

IN TESTIMONY WHEREOF, I, [fillable 11], the Testator, sign my name to this instrument consisting of ten (10) pages, including that bearing the attestation of the witnesses, each of which pages bears my respective initials at the foot of the text thereon, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my Last Will and Testament, that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. I hereunto sign my name on the XXXXXXXX day of XXXXXXXX, 20 XXXXXXXX.

[fillable 12], Testator

On the day and year last above written, the foregoing instrument, consisting of ten (10) pages, including the page on which this attestation clause appears, was subscribed by the Testator, [fillable 13], in our presence and was at the time declared by the Testator to be the Testator’s Will; and we at the same time, in the Testator’s presence and at the Testator’s respective request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses, and we do hereby certify that at the time of the execution of said Will, the said [fillable 14] was of sound and disposing mind, memory and understanding.

Not quite sure how to handle these parts:

    Signature:        
    Printed Name:        
    Address:        
            
    Date:    _________________________, 20    


    Signature:        
    Printed Name:        
    Address:        
            
    Date:    _________________________, 20    


 

STATE OF         )
    ) ss.
COUNTY OF         )

Before me, the undersigned authority, on this day personally appeared [fillable 15], ______________________________ and _______________________________, known to me to be the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of such persons being by me first duly sworn, the said [fillable 16], testator, declared to me and to the witnesses in my presence that such instrument is the testator's last will and testament, and that the testator had willingly made and executed it as the testator's free and voluntary act and deed for the purposes therein expressed.  Such witnesses, each on the witness' oath stated to me, in the presence and hearing of the testator, that the testator had declared to them that such instrument is the testator's last will and testament, and that the testator executed same as such and wanted each witness to sign it as a witness.  Upon their oaths each witness stated further that they did sign the will as witnesses in the presence of each other and in the presence of the testator and at the testator's request, and that the testator at that time possessed the rights of majority, was of sound mind and under no restraint.

Subscribed, acknowledged and sworn to before me by [fillable 17], testator, and by _____________________________ and _______________________________, witnesses, on the ______ day of ____________________, 20__.

    
Notary Public
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