MAKE YOUR FREE Pour-Over Will
What is a Pour-Over Will?
A Pour-Over Will's primary function is exactly what it sounds. After your death, the Will pours, or transfers, any not previously transferred property into your Living Trust. A Pour Over Will ensures that all your property is distributed according to your Living Trust. Pour-Over Wills also distribute your personal property such as clothing, jewelry and furniture. It can be used to provide care for your minor children too. This is a specialized Will that is used as a supplementary document to your Living Trust or Joint Living Trust. A Pour-Over Will should only be created if you have previously completed a Living Trust or Joint Living Trust.
When to use a Pour-Over Will:
- You have previously created a Living Trust or Joint Living Trust.
- You want to designate that assets should be distributed to the appropriate Living Trust.
- You want to designate a person to carry out the terms of the Pour-Over Will.
- You want to name a guardian to take care of your minor children.
Sample Pour-Over Will
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LAST WILL AND TESTAMENT
OF
I, , of , , revoke my former Wills and Codicils and declare this to be my Last Will and Testament.
ARTICLE
PAYMENT OF DEBTS AND EXPENSES
I direct that my just debts, funeral expenses, and expenses of last illness be first paid from my estate or trust assets.
ARTICLE
DISPOSITION OF PROPERTY
All of the property that I own at my death, or which shall become payable to my estate or my personal representatives, and any property that I have the power to dispose of under my Will shall be distributed to the Trustee of the to be administered and distributed as provided under that Trust.
ARTICLE
NOMINATION OF
I nominate , of , , to be the , and , of , , as Co-s (the ""), with bond. without bond or security. If one of the above nominees does not serve for any reason, the remaining nominee shall serve as sole , If one (or both) of the above nominees does not serve for any reason, I nominate , of , , as replacement Co- (or sole ), with bond. without bond or security.
ARTICLE
POWERS
My , in addition to other powers and authority granted by law or necessary or appropriate for proper administration, shall have the right and power to lease, sell, mortgage, or otherwise encumber any real or personal property that may be included in my estate, without order of court and without notice to anyone.
IN WITNESS WHEREOF, I have subscribed my name below, this _____ day of _________________, ______.
| Testator Signature: | ___________________________________ |
We, the undersigned, hereby certify that the above instrument, which consists of _____ pages, including the page(s) which contain the witness signatures, was signed in our sight and presence by (the "Testator"), who declared this instrument to be his/her Last Will and Testament and we, at the Testator's request and in the Testator's sight and presence, and in the sight and presence of each other, do hereby subscribe our names as witnesses on the date shown above.
| Witness Signature: | ___________________________________ |
| Name: |
| City: |
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| Witness Signature: | ___________________________________ |
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STATE OF
COUNTY OF
DISTRICT OF COLUMBIA
and| Witness Signature: | ________________________________________ |
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and and ,
| Witness Signature: | ________________________________________ |
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and , , and and and
| Witness Signature: | ________________________________________ |
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and by a witness who is personally known to me or who has produced ________________________________________ (type of identification) as identification,
| Witness Signature: | ________________________________________ |
| Name: |
| City: |
| State: |
| Witness Signature: | ________________________________________ |
| Name: |
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and
| Witness Signature: | ________________________________________ |
| Name: |
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and
| Witness Signature: | ________________________________________ |
| Name: |
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and and
| Witness Signature: | ________________________________________ |
| Name: |
| City: |
| State: |
| Witness Signature: | ________________________________________ |
| Name: |
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| State: |
Many states require only two witnesses, but the signature of a third witness provides some protection against the possibility that one of the witness' signature will be invalid for some reason. For example, a person should not be a witness if that person is a beneficiary under the Trust or Will. In most states, if a beneficiary's signature is counted in order to satisfy the minimum number of witnesses, then the Will is not necessarily invalidated, but that "interested witness" may not receive a share of the estate any larger than if the Will writer had died without a will.Vermont requires three witnesses. The signature of a third witness provides some protection against the possibility that one of the witness' signature will be invalid for some reason. For example, a person should not be a witness if that person is a beneficiary under the Trust or Will. In most states, if a beneficiary's signature is counted in order to satisfy the minimum number of witnesses, then the Will is not necessarily invalidated, but that "interested witness" may not receive a share of the estate any larger than if the Will writer had died without a will.
