A Pour Over Will is a type of will, that when used by a grantor with a revocable living trust, provides for the transfer of leftover assets to the living trust. A Pour Over Will can be used to help an estate avoid probate.
The sections of a Pour Over Will include the following parts:
- Title and Introduction
- Introductory Articles and Declarations
- Information Pertaining to Debts, Expenses and Taxes
- Information Pertaining to Disposition of Tangible Personal Property
- Transfer of Residue Estate to Trust – Pour Over Will provision
- Appointment of Executor and Administration
- Powers of Executor
- Definitions and Special Conditions or Considerations
- Any Miscellaneous Provisions
- Signatures and Notary
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The following Pour Over Will sample is a decent example:
SAMPLE POUR OVER WILL
I. I, ________________________________________ (Complete Name), currently
residing at ____________________________________________________ (Address)
being of sound mind and in the contemplation of the certainty of death, do hereby
declare this instrument to be my last will and testament.
II. I hereby revoke all previous wills and codicils.
III. I hereby direct that the disposition of my remains be as follows:
_____________________________________________________________________
IV. I hereby give all the rest and residue of my estate to ________________________
(Complete Name), the Trustee of the Living Trust, solely to be held in trust and used for
the purposes stated within the trust.
V. I hereby appoint ___________________________________________________
(Complete Name and Address) to act as the executor of this will, to serve without bond.
Should _______________________________________________________________
(Complete Name and Address) be unable or unwilling to serve, then I appoint
_____________________________________________________________________
(Complete Name and Address) to act as the executor of this will.
I herewith affix my signature to this will on this the ________ day of ______________
(month), ______ (year), at ________________________________________________
(Address), in the presence of the following witnesses, who witnessed and subscribed
this will at my request, and in my presence.
________________________________ ____________________
Signature of Testator Date
ATTESTATION CLAUSE
On the date above written, ____________________________________, TESTATOR,
well known to us, declared to us in our presence that this instrument, consisting of
_____ pages, is _____ (his/her) last will and testament. ________________________,
TESTATOR, then signed this instrument in our presence, and at _________________,
TESTATOR’S request we now sign this will as witnesses in each other’s presence. We
further avow that _______________________________, TESTATOR, appeared to us
to be of sound mind and lawful age and under no undue influence.
________________________________ ____________________
Signature and Address of Witness Date
________________________________ ____________________
Signature and Address of Witness Date
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