Last Will and Testament

last-will-and-testament

Drafts and structures U.S. Last Will and Testament documents. Trigger when the user needs to draft, revise, or review a will covering executor/guardian appointments, specific or residuary distributions, contingency planning, or execution-ready attestation and self-proving packaging. Applies to keywords: last will, testament, probate, executor, guardian, residuary, revocation, no-contest, ademption, predeceased beneficiary, elective share.

CaseMark/skills·0installs44stars

SKILL.md

Full skill instructions

Last Will and Testament

Draft a probate-ready testament mapping client intent to enforceable will language under the applicable state's formalities.

Quick Start

Confirm testator identity, capacity, age, and domicile state.
Collect family map (spouse, children, adopted/step, minors, excluded persons).
Identify prior wills/codicils, trusts, POA, marriage agreements, beneficiary designations.
Gather asset/liability inventory (real estate, business interests, personalty, digital assets, debts).
Select fiduciaries: executor + alternate; guardian(s) for minors (person and estate if split).
Confirm state execution rules: witness count, disqualifications, notarization, self-proving standard [VERIFY].
Map risk preferences: spendthrift concerns, anti-lapse treatment, common-disaster clauses, contest exposure.
Decide revocation strategy and compatibility with non-probate plans (trusts, TOD/POD, joint tenancies).

Core Workflow

Step 1 — Intake Validation

Area	Collect	Pitfall
Identity	Full legal names, addresses, domicile	Misspelled names, outdated details
Family	All children + minor care needs; step/adopted distinctions	Predeceased-child or future-child disputes
Fiduciaries	Executor + alternate; guardian of person/estate	No backup executor
Property	Specific gifts list + residue universe	Omitted assets causing intestacy spillover
Contingencies	Death-before-testator branches, survivorship periods	Gifts failing under predecease or simultaneous death
Tax/Costs	Debt, tax, admin-payment sequence	Hidden tax liabilities, creditor disputes
Non-Probate	Trust triggers, account beneficiary tags, ownership structures	Conflicting transfers or partial revocations

Step 2 — Draft Will Sections

Section	Must Include	Notes
Revocation	Revokes all prior wills/codicils	Single clear supersession sentence
Funeral/Legacy	Optional memorial choices	Non-binding where desired
Executor	Appointment + alternates, authority scope, bond election	Broad statutory powers or explicit limits
Guardianship	Guardian of person/estate + alternates	Reasoned notes only if strategically useful
Debts & Expenses	Funeral, just debts, admin costs ordering	Align with state default rules
Specific Bequests	Itemized gifts with contingencies	Anti-ademption fallback where useful
Residuary Clause	Full residual distribution, percentages/classes	Fallback for predeceasing takers required
Per Stirpes/Capita	Choice and default mechanics	Plain-language explanation in parent clause
Distribution Protections	No-contest clause (jurisdictional check), survivorship period	Many states restrict [VERIFY]
Executor Powers	Sale, investment, retention, settlement authority	Preserve liquidity options
Finalization	Signature block, witnesses, notary, self-proving affidavit	Match state witness count/order [VERIFY]

Step 3 — Assemble Execution Package

Produce the will in numbered-clause order:

Revocation
Executor and Personal Representative
Guardianship of Minors
Payment of Expenses, Debts, and Taxes
Specific Bequests
Residual Estate
Contingent Distribution Scheme
Powers of Executor
Final Provisions
Signature, Attestation, Self-Proving Affidavit

Step 4 — Compliance Checklist

Before finalizing, verify each item:

All required fields populated (no [TBD] placeholders)
Testator capacity language present
Alternate fiduciary and guardian provisions included
No-contest clause screened for state enforceability [VERIFY]
Survivorship and per stirpes/per capita logic consistent
State-specific execution formalities mapped [VERIFY]
Self-proving block aligned to state statute [VERIFY]
Revocation clause does not conflict with prior instruments
Non-probate documents cross-referenced consistently

Formatting Rules

Numbered clause order throughout.
All legal names as [full legal name].
Complex bequests in two-column format: beneficiary / gift.
Uncertain legal assumptions flagged in a dedicated section.
Clean signature block with witness and notary placeholders.

Pitfalls

No-contest clauses: Do not include by default in uncertain states; validate enforceability first [VERIFY].
Tax guidance: Identify assumptions and election impacts only — never give tax avoidance assurances.
Elective share / pretermitted heir / community property: Flag for attorney review when these materially alter distribution.
Non-probate conflicts: Cross-check trusts, joint property, and beneficiary designations against will provisions.
Contingencies: Always add branches for predeceased or disabled beneficiaries with alternate fiduciary/guardian chains.

Install skill

Copy and run in your terminal

npx -y skills add https://github.com/CaseMark/skills --skill last-will-and-testament

View on GitHub

skills/legal/last-will-and-testament/SKILL.md

joint-operating-agreement
>-
0 installs
employee-handbook
>-
0 installs
dividend-declaration-resolution
Drafts a board of directors resolution authorizing a cash, stock, or property dividend to shareholders. Enforces solvency testing (equity and balance sheet), WHEREAS/RESOLVED clause structure, critical date triad (declaration/record/payment), officer authorization, and Secretary certification und...
0 installs
assignment-and-assumption-of-leases
Drafts an Assignment and Assumption of Leases transferring tenant leases from seller (Assignor) to buyer (Assignee) as a closing document to a commercial property PSA. Trigger when closing a commercial property sale with existing tenant leases or when a user needs lease assignment/assumption lang...
0 installs

More skills from CaseMark

CaseMark/skills

writing-operative-reports

Creates structured operative notes with findings, technique, specimens, and estimated blood loss. Use when dictating operative reports, documenting surgical procedures, or recording intraoperative findings.

44 0

View

CaseMark/skills

hipaa-privacy-notice

Drafts a HIPAA-compliant Notice of Privacy Practices per 45 CFR § 164.520 for covered entities. Produces patient-accessible documents covering permitted PHI uses/disclosures, individual rights, breach notification, and complaint procedures. Use when drafting HIPAA privacy notices, NPP documents, ...

44 0

View

CaseMark/skills

case-briefs

Generates structured case briefs from judicial opinions. Use when the user provides a court opinion and needs a case brief, case summary, or distillation of a judicial decision for legal research.

44 0

View

CaseMark/skills

enterprise-api-addendum

Negotiates bespoke enterprise API addenda that override standard click-wrap terms for high-value partners. Covers document precedence, indemnification and liability caps, SLA/service-credit design, exclusivity, API versioning governance, data rights, and internal alignment. Triggers when user men...

44 0

View

CaseMark/skills

aviation-law-summary

Produces structured aviation law summaries with Bluebook citations covering U.S. and international regulatory frameworks, treaties, and case law. Use when drafting an aviation law summary, FAA/DOT/TSA compliance overview, Montreal/Warsaw Convention liability analysis, air service agreement review...

44 0

View

CaseMark/skills

appellate-formatting

Generates appellate-filing-ready Tables of Contents, Tables of Authorities, and Certificates of Compliance under FRAP 32(g) and related rules. Produces defensible word-count calculations with transparent exclusions and anti-hallucination guardrails for pagination and citations. Covers federal cir...

44 0

View

CaseMark/skills

transcription

Transcribes audio and video files through case.dev with speaker diarization. Supports MP3, WAV, M4A, FLAC, OGG, WEBM, MP4 up to 5GB. Use when the user mentions "transcribe", "transcription", "deposition recording", "hearing audio", "speaker labels", or needs to convert audio/video to text.

44 0

View

CaseMark/skills

employee-dispute-summary

Produces a structured, source-cited summary of U.S. employment disputes for HR and litigation review. Trigger when asked to summarize an employee dispute, employment litigation, HR investigation, EEOC/agency matter, discrimination, harassment, retaliation, wrongful termination, wage-hour dispute,...

44 0

View

CaseMark/skills

auth-packet-summary

Validates and summarizes the four required authorization forms in a personal injury matter (retainer, HIPAA release, insurance authorization, employment record release). Confirms signatures, dates, scope, and completeness to determine readiness for the investigation phase. Use when reviewing clie...

44 0

View

CaseMark/skills

field-of-use-restriction-clause

44 0

View

CaseMark/skills

cbp-binding-ruling

Drafts U.S. Customs and Border Protection binding ruling requests under 19 CFR Part 177 for tariff classification, valuation, origin, and marking determinations. Trigger when input mentions "binding ruling," "CBP ruling request," "19 CFR Part 177," "classification request," "HTSUS analysis," "tra...

44 0

View

CaseMark/skills