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 it is recommended that the trust be included even if it is unlikely that it will be needed. Since it will not become operative in the majority of cases, the disclaimer trust has been kept relatively simple. It provides for distribution of all income to the surviving spouse for life. The surviving spouse may also use any or all of the principal as needed for their health, education, support, and maintenance. On the death of the surviving spouse, the trust assets are distributed to the testator's issue. For a full listing of key content related to estate plans for married or partnered people in California, see Estate Plan for Individual with Spouse or Partner Resource Kit (CA). For more information on wills, see Purposes and Uses of a Will and Requisites, Instrumentation, and Will Provisions (CA).