Client Profile *Thomas Francis Beldini, inherited an auto dealership from his father Francesco and has turned it into quite a successful business. He has also retained and augmented the collection of antique automobiles so that its value alone is approximately one million dollars.
His wife Harriet unfortunately contracted the HIV virus from a transfusion of contaminated blood she received during a hysterectomy procedure. Her life and activities have been severely limited as a result of treatment, and Tom has relied heavily on his family to carry on the business. The couple’s first child Suzanne, however, was severely deformed at birth and has been institutionalized since then. He and his wife adopted Steven at his birth, the child of his niece Barbara’s youthful indiscretion. Tom has not spoken to Barbara for over ten years.
He wishes to care for his minor children's future in his will to relieve the burden on his wife. His nephew Jeffrey is an attorney. His older brother Bill has been managing the auto dealership. His brother-in-law Philip is a physician. He does not wish his wife Harriet to give up hope, and he wishes Jeff, Nick and Phil to be intimately involved in everything. Harriet is very fond of all three. Jeffrey’s law firm is handling the medical malpractice suit brought against the hospital by Tom.
Last Will and Testament of Thomas F. Beldini *
I, Thomas Francis Beldini (Social Security Number 038-43-xxxx), a resident of Middlesex County, Weston, Massachusetts, being of sound and disposing mind and memory and under no restraint, do hereby make, publish and declare the following to be my Last Will and Testament, revoking all other wills, codicils and testamentary dispositions I have made and republishing all other provisions by this instrument. I record that my domicile is Weston, Massachusetts, and that I have no antenuptial contract to Harriet Fuller Beldini.
I declare that I am married to Harriet Fuller Beldini (Social Security Number 034-39-xxxx), whom I have herein referred to as my "wife" or "spouse."
ARTICLE ONE: I trust that the formal terminology in this Will and the absence of personal messages will not cause you to doubt my affection for you. You are well aware of that affection. A Will is a legal instrument, the purpose of which is to dispose of property, and as such, it is an inappropriate place for personal messages.
ARTICLE TWO: (A) I have four children now living whose names and birth dates are:
1. Nicholas Gregory Beldini, born on January 21, 1986 (Social Security number 033-68-xxxx);
2. Jennifer Marie Beldini, born on May 4, 1990 (Social Security number 033-63-xxxx);
3. Steven John Beldini, born on June 25, 1987 (Social Security number 033-74-xxxx); and
4. Suzanne Harriet Beldini, born on October 29, 1984 (Social Security number 033-39-xxxx).
(B) All references to "children" and "issue" in this will include all of the above-named children, with the exception of Suzanne Harriet Beldini, for whom suitable arrangements for her special needs have already been made prior to and outside of this will, and also any child or children hereafter born or legally adopted by me who shall share in the benefits of my estate to the same extent as he or she would have shared had I died without a will, and the provisions of this will shall be modified to the extent necessary to see that this is done.
ARTICLE THREE: It is not my intention to make provision in this, my Last Will and Testament, for any relative or any other person not expressly provided for herein, except for children born to or legally adopted by me after the date of this instrument, and if any such person has not been expressly mentioned herein, he or she has been omitted by me intentionally and with full knowledge of his or her relationship and existence, and not by any oversight or neglect.
ARTICLE FOUR: My spouse and I are executing wills at approximately the same time in which each is the primary beneficiary of the other, either directly or through a trust. This will is not being made because of any contractual agreement between us.
ARTICLE FIVE: (A) In the event that my wife and I shall die in a common disaster, or under such circumstances that make it difficult or impossible to determine whether or not she survived me, then I direct that for the purposes of the disposition of my property hereunder or under any codicil hereto, my wife shall be conclusively presumed to have predeceased me.
(B) In the event that any other beneficiary hereunder or under any codicil hereto shall die in a common disaster or under such circumstances that make it difficult or impossible to determine whether or not he or she survived me, I direct that for the purposes of the disposition of my property hereunder or under any codicil hereto such beneficiary shall be conclusively presumed to have predeceased me.
ARTICLE SIX: (A) In the event that my wife Harriet Fuller Beldini predeceases me, or for any reason is unable or she chooses not to act in the capacity as the Guardian of the person and property of any children of the marriage who may survive me, I nominate, constitute and appoint my brother William Peter Beldini to act in her place and stead.
(B) In the event I shall die as the sole parent of minor children, then I appoint my brother William Peter Beldini of Cranston, Rhode Island, as Guardian of said minor children. If my brother is unable or unwilling to serve, then I appoint my nephew Robert Allen Beldini, of Cranston, Rhode Island and my brother-in-law Philip Albert Fuller, of Derry, New Hampshire, as alternate Guardians in the order stated.
ARTICLE SEVEN (A) I appoint my wife Harriet Fuller Beldini as Executrix of this my Last Will and Testament, giving and hereby granting to her all such powers and authority usually allowed in law to Executors. In the event my wife predeceases me or for any reason is unable or unwilling to act, or to continue to act in the capacity of Executrix of my will, I nominate and appoint my brother William Peter Beldini and nephew Jeffrey David Beldini in the order named, to act in her place as Executors.
(B) The appointment of my nephew Jeffrey David Beldini, also my attorney, as an alternate Executor is made with my knowledge and approval of his receipt of commissions as provided by law, and his law firm’s receipt of compensation for legal services rendered to my estate.ARTICLE EIGHT: No fiduciary shall be required to give any bond or other security for the faithful performance of his or her duties in any jurisdiction whatsoever; or if any such bond shall be required, no such fiduciary shall be required to furnish any surety thereon. No fiduciary shall be required to file a bond to secure the return of any payment or payments on account of commissions of such Executor.
ARTICLE NINE: All my funeral expenses and legally enforceable debts subject to statute of limitations, all administration costs, all state and federal inheritance, transfer, estate and succession taxes, including interest and penalties, payable by reason of my death with respect to property passing under my will or any codicil, insurance upon my life, United States savings bonds (however held) and property held by me jointly with any person with right of survivorship, shall be paid as soon as conveniently possible and practical after my death out of the principal of my residuary estate without apportionment or proration. My Executor shall not seek contribution or reimbursement for any such payments from any person.
ARTICLE TEN: (A) I bequeath all my personal and household effects unless specifically bequeathed or devised below, such as but not limited to jewelry, clothing, automobiles, antique furniture and oriental carpets, works of art, antique books and paintings, computers, to my wife Harriet Fuller Beldini, if she survives me, or if she does not survive me to my children who survive me, in shares of substantially equal value; provided that if any child of mine is a minor on the date of my death, I bequeath his or her share to the Trustee of my residuary estate for his or her benefit. The Trustee may in its discretion hold all or any part of his or her share until he or she reaches the age of majority, deliver all or any part to him or her before or at that time, or sell all or any part and add the proceeds to his or her share of my residuary estate.
(B) I place the balance of the tangible personal property I shall own at my death, not otherwise effectively disposed of in this article into my residuary estate.
ARTICLE ELEVEN: (A) I hereby give and devise my summer home in Narragansett, Rhode Island to my wife, if she survives me, to use and enjoy during her lifetime, and at her death to my brother William Peter Beldini, if he is alive, to use and enjoy during his lifetime and then to my children. It is my hope, however, that no matter who actually owns this home, it shall continue to be open to all family members and the cordial gathering place which has brought us so much happiness.
(B) I hereby give and devise my townhouse condominium in Newport, Rhode Island, if owned by me at the time of my death, to my sister-in-law Nancy Ann Fuco and her children alive at the time of this will.
ARTICLE TWELVE: (A) I hereby give and bequeath to my brother William Peter Beldini, if he survives me, for his lifetime and then to one of his living children as he may appoint in his last will and testament with specific reference to this article, my 1930 Jaguar X10 automobile (VIN 7895632775) if owned by me at the time of my death. If, at the death of my brother, he shall have failed to exercise such appointment through and by his last will and testament, or dies intestate, I give my Jaguar X10 to my living children who by consensus will determine its disposition.
(B) I hereby give and bequeath in equal shares to my nephews Robert Allen Beldini and Jeffrey David Beldini, if alive, the remainder of my collection of antique automobiles if owned by me at the time of my death.
(C) I hereby give and bequeath to my nephew Glenn Adam Beldini, if he survives me, the sum of thirty thousand dollars ($30,000.00).
(D) I hereby give and bequeath to my niece Brenda Ellen Beldini, if she survives me, the sum of fifty thousand dollars ($50,000.00).
(E) I hereby give and bequeath to my nephew Tyler Thomas Fuco, if he survives me, the sum of twenty five thousand dollars($25,000.00).
(F) I hereby give and bequeath to my nephew Shaun Patrick Fuco, if he survives me, the sum of fifteen thousand dollars ($15,000.00).
(G) I hereby give and bequeath to Saint Philip Church in Newton, Massachusetts, the sum of ten thousand dollars ($10,000.00). If this parish ceases to exist or no longer qualifies for tax exempt status, then this gift shall instead be made to the Archdiocese of Boston or its successor.
(H) The specific bequests to my nephews and niece named above are made to equalize the gifts made to all during my life. The disparity in amounts, or lack of a bequest, is not intended and should not be interpreted as a sign of favoritism for one over another.
(I) If, after the payment of my debts, taxes and expenses of administration, the preresiduary gifts enumerated in this Article cannot be paid in full, they shall all be decreased by the same percentage.
ARTICLE THIRTEEN: (A) In the normal course of events I would prefer to leave the bulk of my estate to my wife Harriet, if she should survive me, but she has specifically requested that I refrain from bequeathing or devising any part of my estate to her, and for that reason I establish this trust.
(B) I hereby give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, of every nature and kind whatsoever and wheresoever situated, of which I may die seized and possessed or to which I shall then be entitled or over which I may have a power of appointment, to my Trustees hereinafter named, in trust nevertheless, and to such successor Trustees as may be appointed to administer the same for the uses and purposes herein set forth.
(C) The Trust shall be held and administered under the name of the Beldini Trust Fund for the benefit of my wife Harriet Fuller Beldini and my children alive at the time of my death.
(D) I shall be the trustee of this Beldini Trust Fund until my death, at which time I appoint my wife Harriet Fuller Beldini and my brother William Beldini as Co-trustees under this my Will. In the event my wife predeceases me or for any reason is unable or unwilling to act, or to continue to act in the capacity of Trustee, I nominate and appoint my nephew Jeffrey David Beldini in her place as Co-trustee. I direct that no official bond be required by any of my trustees for the faithful performance of their duties, but if a bond is necessary under some requirement of law, then its cost is to be taken from my residuary estate.
(E) My trustees will hold this trust for the benefit of my wife and minor children and shall distribute and expend for their benefit such part or all of the income of this trust and such part or all of the principal thereof, as they from time to time deem proper in their absolute discretion and in keeping with the level and standard of living each was accustomed to while I was alive. Any income not so distributed, expended or applied shall be accumulated and added to principal. The trustees will similarly distribute and expend payments for my wife’s medical bills only to the extent all insurance reimbursements based on current schedules and programs have first been applied in payment thereof.
(F) When the last of my children reaches the age of majority, the entire principal of the trusts shall be divided into equal shares and distributed free of all trust to my children who are alive, with the sole exception of Suzanne Harriet Beldini, if she is alive, for whom other provisions have been made outside of this Will.
(G) The administrative expenses of the said Trust shall never exceed 20% of the total income.
(H) In addition to the powers conferred by law, I authorize my fiduciaries to do all acts which are deemed necessary or appropriate in order to achieve the purposes of this, my Last Will and Testament.
(I) I direct that the trust created under this Will shall cease and terminate, unless already terminated under other provisions of this will, twenty-one years after the death of my wife if living at the time of my death, or twenty-one years after the death of the last survivor of my children as are living at the time of my death.
(J) This trust may be revoked by me at any time by writing sent by registered mail to the trustees above named. Upon such revocation, the trustees shall pay and distribute the trust property and any accumulated income therefrom if any, to me according to my written order.
ARTICLE FOURTEEN: If at the time of my death any lawsuit or lawsuits which I have brought are still pending regarding the transfusion of contaminated blood to my wife Harriet Fuller Beldini during surgery at The Samaritan Hospital in Boston, Massachusetts, on February 5, 1995, I specifically direct my Executors to continue such lawsuits for as long as they, in their discretion, deem it appropriate to do so, knowing my wishes in this matter. Any award or damages remaining after paying costs, attorney and administration fees shall be placed in The Beldini Trust Fund.
ARTICLE FIFTEEN: The interests any beneficiary in principal or income of this will and trust estate shall not be subject to claims of creditors or others nor to legal process, and may not be voluntarily or involuntarily alienated or encumbered.
ARTICLE SIXTEEN: No fiduciary shall be liable except for his or her own willful misconduct, nor shall any executor or trustee be personally liable to any person, firm or corporation dealing with the executors or trustees in their capacity as such.
ARTICLE SEVENTEEN: If any devisee, legatee or beneficiary contests, attacks or acts contrary to the directions of this instrument, any share or interest in my testamentary estate or trust estate given to that legatee or beneficiary under my will is revoked. If any devisee, legatee or beneficiary contests, attacks or act contrary to the directions of this instrument and shall establish a right to any portion of my estate, then I give that legatee or beneficiary the sum of one dollar, and only that, and no further interest whatever in my estate, and I revoke any other testamentary disposition that may have been made to such legatee or beneficiary and his or her issue.
ARTICLE EIGHTEEN: If any portion of my will shall he held illegal, invalid or otherwise inoperative, it is my intention that all of the other provisions hereof shall continue to be fully effective and operative insofar as is possible and reasonable.
ARTICLE NINETEEN: The validity, construction, effect and administration of the testamentary dispositions and the other provisions contained in this will shall, in any and all events, be administered in accordance with, and construed and regulated by, the laws of the Commonwealth of Massachusetts from time to time existing.
ARTICLE TWENTY: (A) Where appropriate to the context, pronouns or other terms expressed in one number or gender shall be deemed to include the other number or gender, as the case may be.
(B) Each reference to "fiduciaries" shall be deemed to mean and refer to my executor and trustee, and where applicable, to a guardian.
In witness whereof, I have hereunto set my hand and seal in the presence of the two witnesses named below and publish and declare this instrument in triplicate to be my last will and testament this 27th day of July, 1999.
/s/ Thomas Francis Beldini
On July 27, 1999 at Boston, Massachusetts, Thomas Francis Beldini declared to us the undersigned, that the instrument consisting of ten pages including this page signed by us as witnesses, was the testator’s will, that he knows the contents thereof, and requested us to act as witnesses to it. The testator thereupon initialed the bottom of each page herein, and signed this instrument; all being done in our presence with each of us being present at the same time. We now, at testator’s request, in testator’s presence and in the presence of each other, subscribe our names as witnesses.
/s/ Witness
/s/ Witness
First Codicil to the
Last Will and Testament of Thomas F. Beldini *I, Thomas Francis Beldini (Social Security Number 038-43-xxxx), a resident of Middlesex County, Weston, Massachusetts, being of sound and disposing mind and memory and under no restraint, do hereby make, publish and declare the following to be the First Codicil to my Last Will and Testament dated July 27, 1999.
Having come to peace with my niece Barbara Christine Fuco after too many years, I hereby subjoin the following specific bequest to ARTICLE TWELVE of my Will:
F (i): I hereby give and bequeath to my niece Barbara Christine Fuco, if she survives me, the sum of fifteen thousand dollars ($15,000.00).
I hereby replace the term "niece" in the same ARTICLE TWELVE, Subsection H, with the term "nieces."
In witness whereof, I have hereunto set my hand and seal in the presence of the two witnesses named below and publish and declare this instrument in triplicate to be my last will and testament this 29th day of July, 1999.
/s/ Thomas Francis Beldini
/s/ Witness
/s/ Witness
_______________________
A drafting exercise submitted by Ron Golini in partial fulfillment of the requirements of the course Drafting Wills and Trusts conducted in the Summer of 1999 by Professor Frances Rudko at the Southern New England School of Law.