Will for Married Individual (Property Outright to Spouse and Children) (Disclaimer Trust) (CA)
Summary
This template is a complete will designed for use by a testator in California who is married, has children, and wants to leave their entire estate outright to the spouse and children, with a disclaimer trust. This template includes practical guidance, drafting notes, alternate clauses, and optional clauses. The will contains a disclaimer trust that will become operative only if the surviving spouse chooses to disclaim some or all of the property received from the testator. Although inclusion of the trust makes the will significantly more complicated than would otherwise be the case, it may be very useful from an estate tax-saving perspective if the value of the estates of the testator or the spouse increase unexpectedly (such as an unexpected inheritance, a large personal injury award, or simply a windfall such as "winning the lottery"), or if the estate tax exemption amount decreases in the future. The will drafter may omit the disclaimer trust if a true "simple will" is desired, but ...