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Disclaimer Will

I, [NAME OF CLIENT], of the Town of [TOWN], County of [COUNTY] and State of [STATE], being of sound and disposing mind and memory, do hereby make, publish and declare the following as, and to be, my Last Will and Testament, hereby revoking any and all Wills and Codicils heretofore made by me.

FIRST: I direct my Executor, hereinafter named, to pay, as soon as practicable, all of my just debts, my funeral expenses and expenses of administration, with the exception of debts secured by mortgage.

SECOND: A. All of my tangible personal property, including furniture, clothing, jewelry, books, pictures, china, objects of art, automobiles and their equipment, and articles of personal or household use or ornament (excepting therefrom any money, securities and other property which does not qualify as both tangible and personal), together with all policies of insurance relating thereto, I give and bequeath absolutely to my spouse, if my spouse survives me. In the event that my spouse fails to survive me, then I give and bequeath the same to such of my children as shall survive me in shares of as nearly equal value as may be practical. If there are items of such tangible personal property which none of my surviving children wish to have, I direct that such items shall be sold by my Executor and that the net proceeds of such sale shall be divided among such surviving children so that the value of such items of tangible personal property plus the share of such net proceeds passing to each such child shall be substantially equal.

B. All reasonable expenses of storing, insuring, shipping and moving or other costs of distribution of such tangible personal property shall be paid out of my residuary estate as an expense of administration.

THIRD: All of the rest, residue, and remainder of my estate, wheresoever situated and of whatsoever constituted, including any legacy hereinabove provided for which may lapse or for any reason fail to take effect, but excluding any assets over which I may have a power of appointment (all of which is hereinafter referred to as "my residuary estate"), I give, devise and bequeath as follows:

A. If my spouse survives me, I give, devise and bequeath my residuary estate to my spouse, outright and absolutely.

B. If my spouse does not survive me, I give, devise and bequeath my residuary estate in equal shares to such of my children as shall survive me, or if but one of them shall survive me, the whole thereof to such survivor; provided, however, that if any child of mine shall predecease me leaving issue who are living at my death, such issue shall take, per stirpes, the share, or the whole of my residuary estate, as the case may be, to which such deceased child would have been entitled had such child survived me, provided further, however, that if any share of my residuary estate shall be payable to a child of mine who has not attained the age of .......... years at the time of my death such share shall (instead of being paid outright to such child) be held by my Trustees hereinafter named, in trust nevertheless, as a separate trust for the benefit of the child of mine for whom it was so set aside, in accordance with the terms of ARTICLE FIFTH of this Will.

C. If my spouse does not survive me and no issue of mine survives me, I give, devise and bequeath my residuary estate as follows:

1. One-half (1/2) thereof to my heirs at law living at my death.

2. One-half (1/2) thereof to my spouse's heirs at law living at my death.

FOURTH: A. In the event that my spouse shall disclaim, in whole or in part, such spouse's rights and interest in my residuary estate, such property, or the portion thereof to which such disclaimer pertains, shall be held by my Trustees hereinafter named, in trust nevertheless, for the following uses and purposes and on the following terms and conditions:

1. My Trustees shall hold, manage, invest and reinvest the same, and shall collect and receive the income therefrom and shall pay over the net income therefrom to my spouse, or shall apply the same for my spouse's benefit, in quarter-annual or more frequent installments as my Trustees may determine, during my spouse's lifetime.

2. In addition to the foregoing provision for the payment of income to my said spouse, my Trustees are authorized and empowered to pay over to my spouse, or to apply for my spouse's benefit, at any time and from time to time during my spouse's lifetime, such part or parts or all of the principal of the trust as my Trustees, in their absolute discretion, shall deem necessary or advisable for any reason or cause whatsoever which my Trustees deem to be in the best interests of my spouse, and regardless of the existence of any illness or emergency affecting my spouse, and irrespective of any other resources, income or means of support of my spouse, and irrespective of the fact that such payments may exhaust the principal of the trust.

3. Upon the death of my said spouse, my Trustees shall transfer and pay over the principal of the trust, as the same shall then consist (including any accrued income and any undistributed income), in equal shares to such of my children as shall be living at the death of my spouse, or if but one of them shall be then living, the whole thereof to such survivor; provided, however, that if any child of mine shall predecease my spouse leaving issue who are living at the death of my spouse, such issue shall take, per stirpes, the share or the whole of such principal, as the case may be, to which such deceased child would have been entitled had such child survived my spouse, provided further, however, that if any share of such principal shall be payable to a child of mine who has not attained the age of [AGE] years at the time of the death of my spouse, such share shall (instead of being paid outright to such child) be held by my Trustees hereinafter named, in trust nevertheless, as a separate trust for the benefit of the child of mine for whom it was so set aside, in accordance with the terms of ARTICLE FIFTH of this Will.

B. In the event that my spouse shall die within nine (9) months after my death without having disclaimed any rights or property as provided for in this ARTICLE, the legal representative of my spouse's estate may file a disclaimer on behalf of my spouse and my spouse's estate, and in such event the property affected thereby shall be disposed of under the terms of Paragraph A of this ARTICLE.

C. The disclaimer of any rights or property as provided for in this ARTICLE by my spouse or by my spouse's legal representative, as the case may be, shall be made within nine (9) months of the date of my death by executing a duly acknowledged instrument constituting a qualified disclaimer within the meaning of Section 2518 of the Internal Revenue Code of 1986, in effect at the date of my death, and filing such instrument in the probate court having jurisdiction over my estate. A copy of such instrument shall also be delivered to my Executor.

FIFTH: Any property or any share of my estate or any share of the principal of any trust created under this Will, which is directed to be set aside for the benefit of a child of mine and held as a separate trust for the benefit of such child in accordance with the terms of this ARTICLE shall be held by my Trustees hereinafter named, in trust nevertheless, for the following uses and purposes and on the following terms and conditions:

A. My Trustees shall manage, invest and reinvest such trust fund, and shall collect and receive the income therefrom and, if such child is under the age of twenty-one (21) years at the time this trust fund is set aside, shall pay over or apply the net income for such child's health, support, maintenance, education or general welfare until such child attains the age of twenty-one (21) years, to such extent and at such time or times and in such manner as my Trustees, in their absolute discretion, shall deem advisable, without court order and without regard to the duty of any person to support such child. Any net income not so paid or applied shall be added to the principal of the trust at least annually and thereafter shall be held, administered and disposed of as a part thereof. From and after such child's twenty-first (21) birthday or from the inception of the trust if such child shall have then reached the age of twenty-one (21) years, my Trustees shall pay over the net income to such child or shall apply the same for such child's benefit, in quarter annual or more frequent installments as my Trustees may determine, during the term of the trust for such child.

B. In addition to the foregoing provisions for the payment of income to such child, my Trustees are authorized and empowered to pay over to such child or to apply for such child's benefit, at any time and from time to time during the term of the trust for such child, such part or parts or all of the principal of the trust being held for such child as my Trustees may, in their absolute discretion, deem necessary or advisable for any reason or cause whatsoever which my Trustees deem to be in the best interests of such child, and regardless of the existence of any illness or emergency affecting such child and irrespective of any other resources, income or means of support of such child, and irrespective of the fact that such payments may exhaust the principal of the trust for such child.

C. In addition to the foregoing provisions for the payment of income and principal to such child, my Trustees shall pay over the principal of the trust to such child as follows:

1. Upon such child's attaining the age of ...... years, one-third (1/3) of the principal of the trust, as the same shall then consist; and

2. Upon such child's attaining the age of ...... years, one-half (1/2) of the principal of the trust, as the same shall then consist; and

3. Upon such child's attaining the age of ..... years, the entire remaining balance of the principal of the trust, as the same shall then consist.

If such child shall have attained the age of ...... years or more prior to the time such share of my estate is directed to be set aside for such child, my Trustees shall pay over to such child (instead of holding the same in trust) such part or parts of the principal of the trust directed to be set aside for such child as such child would have received had such child attained any such age or ages after such share was directed to be so set aside.

D. If such child shall die before attaining the age of ...... years, my Trustees shall transfer and pay over the principal of the trust for such child, as the same shall then consist, to the issue of such child living at the death of such child, in equal shares per stirpes, or if there be no such issue then living, to my issue living at the death of such child, in equal shares per stirpes, provided, however, that if any portion of such principal shall be payable to a child of mine for whom a share of my estate is then being held in trust hereunder, such portion shall, instead of being paid outright to such child, be added to the trust hereunder for such child's benefit and shall be held, administered and disposed of by my Trustees as an integral part thereof; or if there be no issue of mine then living, the same shall be disposed of under the terms of Paragraph C of ARTICLE THIRD hereof, provided, however, that for the purpose of determining the disposition of said principal under said Paragraph C, and all questions of survivorship relating thereto, it shall be deemed that I died immediately after the death of such child.

SIXTH: A. I nominate, constitute and appoint my spouse the Executor of this Will. If my spouse predeceases me or fails to qualify or act as such Executor, or having qualified, shall for any reason whatsoever cease to act as such Executor, then I nominate, constitute and appoint [EXECUTOR], in my spouse's place and stead.

B. I nominate, constitute and appoint my spouse and [TRUSTEE], of [TRUSTEES], or the survivor of them, the Trustees under this Will. If the said [TRUSTEE] predeceases me or fails to qualify or act as such Trustee,or having qualified, shall for any reason whatsoever cease to act as such Trustee, then I nominate, constitute and appoint, [TRUSTEE], of [TRUSTEES], in such Trustee's place and stead.

C. The survivor of my spouse, the said [TRUSTEE], and the said [TRUSTEE], while acting as sole Trustee of any trust created hereunder, is hereby authorized to appoint any individual, bank or trust company as (1) a Co-Trustee hereunder to act jointly with such sole Trustee, or (2) as a successor Trustee hereunder to succeed such sole Trustee and any such Co- Trustee or such successor Trustee, while acting as sole Trustee hereunder, shall have the same power to appoint a Co-Trustee or a successor Trustee. Any appointment of a successor Trustee, pursuant to the authority granted in this Paragraph, may be revoked by the Trustee who made the appointment at any time before the successor Trustee qualifies.

D. During the time that any Trustee acting hereunder is also a beneficiary of a trust created hereunder, such Trustee shall be disqualified from acting as, and shall not be deemed to be, a Trustee for the (1) purpose of making any discretionary payment or application of income or principal from such trust to or for the benefit of himself or herself or for the purpose of discharging his or her legal obligations, or for the (2) purpose of making any discretionary allocations of receipts or expenses between principal and income in his or her own favor.

E. No Trustee hereunder shall participate in the exercise of a discretionary power to pay or apply income to or for the benefit of such Trustee or such Trustee's minor child or children.

F. My Trustees shall not be required to file any periodic accounting with respect to any trust created hereunder, even though otherwise required by law, but this shall not prevent my Trustees from having their account judicially settled at any time or times if they shall deem it advisable to do so.

G. I direct that no Executor or Trustee, and no successor Executor or successor Trustee, and no Co-Trustee, designated or appointed in accordance with the provisions of this ARTICLE, shall be required to furnish any bond or other security for the faithful performance of her, his or its duties hereunder in any jurisdiction; and if any bond is required by law, statute or rule of court, no sureties shall be required thereon.

H. Except as herein otherwise provided, if at any time there are more than two (2) Executors or Trustees acting hereunder, all powers under this Will may be exercised by a majority of such Executors or Trustees, as the case may be.

I. For purposes of this ARTICLE, a Trustee shall be deemed to have resigned if he or she shall become incapacitated (for this purpose, a written statement signed by the Trustee's physician that due to physical or mental impairments the Trustee is no longer able to manage his or her own affairs shall conclusively establish the Trustee's incapacity).

SEVENTH: A. I nominate, constitute and appoint my spouse the Guardian of the person and property of such of our children who are minors at the time of my death. In the event that my spouse predeceases me or fails to qualify or act as such Guardian, or having qualified, shall for any reason cease to act as such Guardian, then I nominate, constitute and appoint [GUARDIAN], the Guardian of the person and property of such of my children who are then minors.

B. I direct that my spouse, and the successor or substitute Guardian herein designated, shall be permitted to qualify and serve as Guardians in any jurisdiction without furnishing a bond or other security; and if any bond is required by law, statute or rule of court, no sureties shall be required thereon.

C. I hereby confer upon the said Guardian and any successor or substitute Guardians from time to time acting, all of the rights, powers, authorities and privileges, whether or not discretionary, conferred upon my Executor and Trustees under this Will.

EIGHTH: Except as otherwise provided herein, if any person under the age of twenty-one (21) years becomes entitled to a share of my estate upon my death or to a share of the principal of the trust estate upon the termination thereof, my Executor or my Trustees, as the case may be, are authorized and empowered, in their absolute discretion, to transfer and pay over such person's share, or any portion thereof, without bond, to the parent of such person or to the guardian of his or her person or property, or to the person with whom such person resides, or, if permitted under applicable law, to a custodian for such person under a state's Uniform Gifts to Minors Act or any comparable act pursuant to which a custodian is acting or may be appointed. Any portion or all of such person's share which is not transferred and paid over as provided in the foregoing sentence shall vest in my Trustees hereinabove named, in trust nevertheless, for the following uses and purposes: To manage, invest and reinvest the same, to collect the income thereof and to apply the net income and principal thereof for such person's care, support, maintenance, education and general welfare, until he or she reaches the age of twenty-one (21) years, to such extent and at such time or times and in such manner as my Trustees, in their absolute discretion, shall deem advisable, without court order and without regard to the duty of any person to support such person. Any net income not so applied shall be added to the principal of the trust at least annually and thereafter shall be held, administered and disposed of as a part thereof. When such person reaches the age of twenty-one (21) years, any property then remaining in the hands of my Trustees shall be transferred and paid over to him or her, or, if such person dies before reaching the age of twenty-one (21) years, shall upon such person's death, be transferred and paid over to his or her executors or administrators.

If my Trustees, in the exercise of their absolute discretion, shall at any time determine not to continue to hold any such property in trust, as hereinabove provided, they shall have full power and authority to transfer and pay over such property, without bond, to the parent of such person, or to the guardian of his or her person or property, or to the person with whom such person resides, or if permitted under applicable law, to a custodian for such person under a state's Uniform Gifts to Minors Act or any comparable act pursuant to which a custodian is acting or may be appointed.

The receipt of the parent, guardian, custodian or person to whom any principal or income is transferred and paid over pursuant to any of the above provisions shall be a full acquittance and discharge to my Executor or my Trustees, as the case may be, from liability with respect to such transfer or payment and from further accountability therefor.

NINTH: At any time prior to the completion of the funding of any trust, my Executor may exercise any of the powers granted to my Trustees relating to the distribution of the income and principal of such trust and treat the moneys so paid or applied as a partial funding of such trust.

Neither my Executor nor my Trustees shall be responsible for the use made by any person of any payment of income or principal which may be made to that person hereunder, and neither shall be obliged to see to the proper use or application thereof by such person.

In the exercise of any discretionary powers over the payment or application of income or principal under this my Will, the judgment of my Executor or my Trustees, as the case may be, as to the amount of any payment or disbursement and as to the advisability thereof shall be final and conclusive upon all persons beneficially interested in my estate or any trust hereunder. Any income or principal which my Executor or my Trustees, in the exercise of any said powers, may determine to apply for the benefit of a minor may be directly applied by them or, in their absolute discretion, may be paid over, without bond, to the parent of such minor or to the guardian of his or her person or property, or to the person with whom such minor resides, or, if permitted under applicable law, to a custodian for such minor under a state's Uniform Gifts to Minors Act or any comparable act pursuant to which a custodian is acting or may be appointed. Upon making any payment or disbursement of income or principal as provided by this my Will, my Executor or my Trustees, as the case may be, shall be fully discharged of liability with respect thereto and from further accountability therefor.

In determining the amounts of income and principal, if any, which shall be paid or disbursed pursuant to any discretionary powers given herein, neither my Executor nor my Trustees shall be required to take into consideration any assets owned by or other sources of income of the person for whose benefit such power might be exercised.

In determining the value of the principal of any trust fund created by this Will at any time or times, the decision of my Executor or my Trustees, as the case may be, as to value shall be deemed presumptively correct.

TENTH: No disposition, charge or encumbrance on the net income or principal of any trust, or any part thereof, by any beneficiary under this Will by way of anticipation shall be valid or in any way binding upon my Trustees, and no beneficiary shall have the right to assign, transfer, encumber or otherwise dispose of such income or principal or any part thereof until the same shall be paid to such beneficiary by my Trustees, and no income or principal or any part thereof shall in any wise be liable to any claim of any creditor of any such beneficiary. The right of any beneficiary to any payment of income or principal shall in every case be subject to any charge or deduction which my Executor or my Trustees may make against the same under the authority granted to my Executor or to my Trustees by any statute, decision or other law or by any provision of this Will.

ELEVENTH: Without limiting the general or usual powers of executors or trustees, I give to my Executor with respect to my estate and to my Trustees with respect to all trusts and to their respective successors, all of the powers set forth in [CITE APPLICABLE FIDUCIARY POWERS STATUTE, IF ANY], as in effect on the date hereof.

TWELFTH: No person dealing with my Executor or my Trustees shall be bound to see to the application or disposition of cash or other property transferred to my Executor or my Trustees or to inquire into the authority for or propriety of any action by my Executor or my Trustees.

THIRTEENTH: It is my wish that all legacies under this my Will shall be satisfied by my Executor as soon as practicable after my death, but I direct that no legacy shall bear interest if unpaid at the time specified by law.

FOURTEENTH: [CHOOSE "ALTERNATIVE 1" OR "ALTERNATIVE 2"]

[ALTERNATIVE 1: A. If any beneficiary under this Will shall die simultaneously with me or in such circumstances as to render it difficult or impossible to determine who predeceased the other, then I direct that I shall be deemed to have survived such beneficiary and that the provisions of this Will shall be construed upon such assumption.

B. If any beneficiary under this Will shall die simultaneously with another beneficiary under this Will or in such circumstances as to render it difficult or impossible to determine who predeceased the other and if the rights of one of them depend upon his or her having survived the other, then I direct that the beneficiary whose rights depend upon such survivorship shall be deemed to have predeceased the other beneficiary and that the provisions of this Will shall be construed upon such assumption.]

[ALTERNATIVE 2: A. If my spouse should die simultaneously with me or in such circumstances as to render it difficult or impossible to determine who survived the other, then I direct that my spouse shall be deemed to have survived me and that the provisions of this my Will shall be construed upon such assumption.

B. If any beneficiary under this Will other than my spouse shall die simultaneously with me or in such circumstances as to render it difficult or impossible to determine who predeceased the other, then I direct that I shall be deemed to have survived such beneficiary and that the provisions of this Will shall be construed upon such assumption.

C. If any beneficiary under this Will shall die simultaneously with another beneficiary under this Will or in such circumstances as to render it difficult and/or impossible to determine who predeceased the other and if the rights of one of them depend upon his or her having survived the other, then I direct that it shall be presumed the beneficiary whose rights depend upon such survivorship has predeceased the other beneficiary and that the provisions of this Will shall be construed upon such assumption.]

FIFTEENTH: I hereby direct that any succession, inheritance, estate, transfer, or similar taxes, whether state, Federal or foreign (including interest and penalties, if any) which shall be imposed upon my estate, whether or not passing under this Will, or upon any beneficiary or other recipient thereof as a result of my death shall be paid out of my residuary estate and shall not be prorated or apportioned among, or charged against the respective devises, legatees, beneficiaries, transferees or other recipients, nor charged against any property passing, or which may have passed, to any of them, and my Executor shall not be entitled to reimbursement for any portion of any such tax from any such person; provided, however, if my said spouse, or my spouse's legal representative, shall disclaim his rights and interest in my estate pursuant to the terms of ARTICLE FOURTH hereof such taxes shall be paid out of the trust created under ARTICLE FOURTH.

SIXTEENTH: The words "Executor" or "Executors" wherever used in this, my Will, shall be construed to refer to and include Executors or Executor or Executrix or Executrices for the time being in office, and the word "Trustee" or "Trustees" wherever used in this, my Will, shall be construed to refer to and include the Trustee or Trustees for the time being in office, and I direct that the acting Executors or Executor or Executrix or Executrices and Trustees or Trustee for the time being shall have and may exercise all the powers, whether or not discretionary, hereby given to the persons herein nominated Executor, Executors, Executrix, Executrices, Trustee or Trustees. Furthermore, the words "Executor", "Executors", "Trustee" and "Trustees" shall be construed as masculine, feminine or neuter, or in the singular or plural, as the sense requires.

SEVENTEENTH: A.All references in this Will to my spouse shall mean my spouse, [SPOUSE].

B. Wherever the terms, "child", "children", "issue", "child of mine", "issue of mine", "children as shall survive me", "surviving children", "children of mine who shall survive me", "children of mine who shall fail to survive me", "issue of each of said deceased children of mine", "my children as shall survive me", and/or the like, are used in this my Last Will and Testament, same shall be deemed to mean, include and/or refer to said child, children and/or issue, whether presently or hereafter born and/or adopted, all as if said child, children and/or issue are presently so born and/or adopted, and whether born prior to or subsequent to my death, all as if said child, children and/or issue are born prior to my death.

IN WITNESS WHEREOF, I have hereunto set my hand and seal this [DATE].

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[CLIENT]

Signed, sealed, published and declared by the above named Testator, [CLIENT], as and to be such Testator's Last Will and Testament, in the presence of us, who, in such Testator's presence and in the presence of each other, and at such Testator's request, have hereunto subscribed our names as witnesses the day and year above written.

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Acknowledgment

STATE OF ................)

) ss: [DATE]

COUNTY OF ...............)

The within named .................. and ............... witnesses to the foregoing Last Will and Testament of [CLIENT], who being duly sworn, depose and say that they subscribed said Will as witnesses thereto, in the presence of each other and that the said Testator signed said Will in their presence and acknowledged that said Testator had signed said Will and declared the same to be said Testator's Last Will and Testament, and deponents further say that at the time of the execution of said Will, they believed said Testator to be of lawful age and of sound and disposing mind and memory and free from any undue influences or duress, and they make this affidavit at said rebets Testator's request.

Witness my hand and official seal.

[signature]

[Name of Notary Public]

My commission expires: [date]

(Seal)