APPENDIX C

Sample Will
(provisions for miscellaneous gifts)
fts)

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MEN
LAST WILL AND TESTAMENT
STAMENT
of

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JOHN
HN M. SMART
SMA

________________
____________________

I, JOHN
SMART,
OHN M. SMAR
o Anywhere, County of
SMART, of the Town of
Westchester and State of New Y
York, being of sound mind and memory,
do make, publish and declare
this to
dec
t be my Last Will and Testament,
hereby revoking all prior Wills and Codicils:
FIRST:
I direct
FIRS
dire that all my legal debts and funeral expenses
(including unpaid charitable pledges) be paid by my Executor,
hereinafter named, as soon as may be practicable.
herein
[Tangibles to Executor with precatory request to distribute]

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SECOND: (A) To my Executor named herein (personally,

nally, and not in
a fiduciary capacity), I give and bequeath all off myy tangible persona
personal
property, which shall mean all property thatt is not reall estate and whose
value is its own substance or uniqueness,
ness, such as furniture, jewelry or a
coin collection. It does not include
h, books, documents or other
nclude cash,
papers that are only evidence
tangible property rights such as bank
b
dence of intangible
accounts, stock certificates,
romissory notes, insurance policie
tificates, promissory
policies, and the
like. It is myy wish, but I do not direct, that my Executor
Execut will distribute
dist
such property in accordance with my instructions, which sshall provide
during my life.

charitable donation after death]

[Bequest to make voluntary (ded
(deductible) ch

B) To _____
(B)
________, if sshe survives me, I give and bequeath the
sum
Dollars ($5,000). It is my wish and hope, but I do
T
um of Five Thousand
D
not direct,
that she
will make a donation in my memory to XYZ
di
s
CHARITY.
ARITY.

[Gift of closely held business stock]

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(C) To by brother FREDERICK C. SMART, if he surv

survives me, I
give and bequeath all of my capital stock in SMART FAMILY
F
BUSINESS, INC. or the stock in any successor
ssor of that corporation,
corpo
essor
whether by merger, acquisition or the change of its name. If he fails
fa to
survive me, then such stock shall pass to my sister,
r, REBECCA SMART,
SMA
if she is living.

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se of life use of house]

[Devise

ILLIAM F. BROWN (Beneficiary),

(Benefic
(D) To WILLIAM
if he survives me,
Main Street, Smithville,
12 Ma
I give and devise the real property located at 123
New York 12345, in the County of Orange and State of New York,
and improvements
used in connection
ogether with all appurtenances
appurten
together
im
however, be only for the period of the
therewith. Such devis
devise shall, ho
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residenc whichever occurs first. If he fails to reside in the said property
residence,
for a continuous
continuou period of ninety (90) days, he will be deemed to have
changed principal residence, and his interest therein shall terminate.

(1) The Beneficiary shall be required to pay all costs of

maintenance, assessments, insurance premiums, taxes, water charges,
rges, and
repairs to the property. Upon failing to pay any such charge,
rge, any one or
more of the remaindermen may pay the same, and
nd in such event, the
th
person or persons shall be entitled to reimbursement
sement from the
Beneficiary, and shall have a lien against
nst the property for the amount so
expended plus interest at nine percent
rcent (9%) per annum. If the property is
sold to a bona fide purchaser
chaser for value, such lien shall be deeme
deemed
extinguished as to the real property, but shall follow the proceeds,
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2) The Beneficiary shall obtain and ke

(2)
keep iin force a policy
of insurance (at his own expense) with sufficient ffire insurance coverage
structures from time to time; and
valu of all stru
to represent the replacement value
in a minimum
amount of $150,000. Such
cove
personal injury liability coverage
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remaindermen as additional insureds.
icy shall include the
th remaind
policy
(3) No bond or other security shall be required of the

Beneficiary.
eficiary.

(4) Upon the termination of the interest of the Beneficiary

in the said property, I give and devise it to those of the children of
William F. Brown who are then living.

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[Residue to charity for endowment]

wmen
owment]

THIRD: All the residue of myy estate, both real and personal and
wheresoever situate, I give, devise and bequeath
with
queath to XYZ CHARITY, w
offices currently at 108
th the
8 Main Street, Albany, New York. I direct that
th
amount passingg under this Article shall be added to the permanent
permane
endowment
established as a
harity. The income, or the amount
am
nt of the charity.
establis
spending
y the organization (up to 5% of the fund
nding policy by
fun balance each
of the organization.
pur
calendar year) shall be used for the general purposes
purpose
If the organization has ceased to exist at my death, or if it has merged
with another organization tthat results in the purposes of the organization
not remaining primari
primarily assisting families of children with developmental
my Executor to choose another charity
bilities, then I authorize
disabilities,
author
mission to receive this gift. Any such successor
devoted to that m
must qualify under Internal Revenue Code 501(c)(3).
orga
organization
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[Supplemental needs trust for disabled beneficiary]

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(A) If my son, WAYNE HOLT (hereinafter referred

ed to as
:D\QH survives me, the share that otherwise would bee due him shall
sh
pass to my Trustees, hereinafter named, for the following uses and
an
purposes:
(1) To hold, invest and reinvest
est the same, to collect the
income therefrom, and, after deductingg all charges and expenses
expense
attributable thereto, too pay to Wayne,
ne, or apply to his benefit, so much of
the net incomee therefrom as the Trustees, in the exercise
absolute
exer
of abso
discretion,
not so paid
m necessary or appropriate. Any income no
n, may deem
or applied shall be accumulated and added to the princip
principal of this Trust,
pri
annually
not less frequently than annually.

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addition subject tto the restrictions on distributions

(2) In addition,
(A)(3)(7) of this Article, the Trustees shall be
subparagrap (A)(3)
set forth at subparagraphs
authorized,
deducting all charges and expenses appropriately
uthorized, aafter deductin
attributable
butabl thereto, to pay to Wayne, or apply for his benefit, so much of
ributable
the principal of this Trust as the Trustees may deem necessary or
appropriate.
This shall include, but not be limited to, any payments
pr
required to allow Wayne to continue to reside comfortably in his private
residence.

(3) In exercising discretion to distribute trust principal and

income in accordance with the foregoing direction, it is my expectation
that the Trustees will make all trust distributions (whether
principal or
her pri
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not limited to, hiring appropriate advocates on his behalf to protect
his
prot
legal rights and ensure he has access
benefits, and
ss to all services, benefits
programs (whether public or private)
maxim
vate) that will assist him in maximizing
maximiz
his potential during his lifetime.
time.

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(4)
ng discretion to distribute trust
trus principal and
4) In exercising
income hereunder, the Trustees shall first consid
consider all other property,
funds,
ources (whether principal or income,
in
nds, or resources
and including any
that may be
government benefits to which Wayne may be entitled)
e
available to or for his use and benefit during lifetime.

by this Will to create, by the

(5) It is my intention
inten
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that conforms
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provisions of 7-1.12 of the New York Estates, Powers and Trusts
to the pr
doing, it is my further intention that the assets held for
Law In so do
Law.
:D\QHVEHQHILWEHused to supplement, not supplant, impair or diminish,
:D\QHV
any benefits or assistance of any federal, state, county, city or other
an
governmental entity for which each may otherwise be eligible, or which
he may be receiving at the time of my death. Consistent with that
t
intention, it is my desire that before expending any amounts
unts from the net
n
income and/or principal of this Trust, the Trustees
th
eess first consider the
availability to Wayne of all benefits from
rnment or private
om government
assistance programs for which he may be eligible
ligible and that, where
appropriate, and to the extent possible,
ossible, thee Trustees shall first endeavor
to maximize the collection
ch benefits and to facilitate tthe
ion of such
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The Trustees
Tru
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may
exercise discretion
tilize trust assets (principal or income) in such
retion to utilize
mannerr as to provide
identical to those
vide goods and services that are not
n identi
provided by any governmental benefit available.

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(6)) The Trustees, in

i the course
cours of administering the trust
prohibited from making any payment or
b prohibit
established herein, shall be
governmental entity that may have incurred
mbursement to an
reimbursement
any govern
expense
xpense for tthe benefit of
o Wayne, and the Trustees shall not pay any
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entityy or pur
pursuant to any governmental program of reimbursement or
payment.

(7) If any other trust is available to pay amounts for the

benefit of Wayne, then the property of this Trust shall be used to supply
any need of Wayne only if the Trustees shall determinee that all such
other trust or trusts are not authorized to provide the said need.

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8SRQ:D\QHVGHDWKWKHUHPDLQGHURIWKLV7UXVWVKDOO
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pass to the issue of Wayne Holt who
ng, per stirpes.
ho are then living,
FOURTH: If any beneficiary
der this Will dies within thirty (30)
eneficiary under
(3
days after my death,
the bequest
t
th, I direct, as a condition subsequent, that
beque
to that beneficiary
death, and that
all be divested by his or her de
eficiary shall
th my
estatee shall be disposed
osed of pursuant to the provisio
provisions of this Will as if the
me
beneficiaryy had not survived me.

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