POUR-OVER WILL OF
[TESTATOR'S NAME]
1. TESTATOR. This Pour-Over Will (“Will”) is made in addition to a Living Trust on
[DATE], by:
Testator: [TESTATOR'S NAME]
Mailing Address: [MAILING ADDRESS]
Hereinafter known as the “Testator”
2. MARITAL STATUS. I declare to be: (check one)
- Married. My spouse’s name is: [SPOUSE'S NAME]
- Not Married.
3. CHILDREN. I declare to have: (check one)
- ______ - No Children.
- ______ - [#] Children. (named below)
1st Child’s Name: [CHILD'S NAME] DOB: [DATE OF BIRTH]
2nd Child’s Name: [CHILD'S NAME] DOB: [DATE OF BIRTH]
3rd Child’s Name: [CHILD'S NAME] DOB: [DATE OF BIRTH]
4. LIVING TRUST. I acknowledge that [NAME OF TRUST] Living Trust (“Living Trust”)
was created on [TRUST DATE] and that this Will is made in conjunction and shall be
ruled, judged, and determined to be subordinate to any of the terms, covenants, and
conditions of said Living Trust.
5. RESIDUAL ESTATE. I hereby declare that all property and assets owned by me at
the time of my death that are not mentioned in my Living Trust (“Residual Estate”) be
transferred to: (check one)
- My Living Trust. I direct my Residual Estate to be transferred and assigned
to my Living Trust at the time of my death.
- Specific Beneficiaries. I direct my Residual Estate to be devised and
bequeathed to following at the time of my death: (check one)
1st Beneficiary: [1ST BENEFICIARY'S NAME]
Mailing Address: [MAILING ADDRESS]
2nd Beneficiary: [2ND BENEFICIARY'S NAME]
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Mailing Address: [MAILING ADDRESS]
3rd Beneficiary: [3RD BENEFICIARY'S NAME]
Mailing Address: [MAILING ADDRESS]
Hereinafter known as a “Beneficiary” or “Beneficiaries.”
a.) Predecease. If any of the Beneficiaries pre-decease me by 30
days, then any property that they would have received had they not
pre-deceased me shall be distributed in equal shared to the
remaining Beneficiaries.
b.) Cannot be Sold or Distributed. If any property cannot be readily
sold or distributed, then it may be donated to a charitable
organization of the Executor’s sole preference without liability.
c.) Omission. Except to the extent that Beneficiaries are included in
this Will, I have purposefully and specifically not mentioned
individuals as a clear indication of my intent to omit them. The
Beneficiaries mentioned herein are my sole decision, and any
omission of any persons, such as family members, is not the result
of a mistake or inadvertence.
d.) Contesting. If any of the Beneficiaries under this Will, or the Living
Trust herein mentioned, contests or attacks this Will or any of its
provisions, any share or interest in my Residual Estate given to that
contesting Beneficiary under this Will is revoked and shall be
disposed of in the same manner provided herein as if that
contesting Beneficiary had predeceased me.
e.) Assignment. The interest of any beneficiary in this Will, shall not be
alienable, assignable, attachable, transferable, nor paid by way of
anticipation, nor in compliance with any order, assignment, or
covenant, and shall not be applied to or held liable for, any of their
debts or obligations either in law or equity and shall not in any
event pass to their assignee under any instrument or under any
insolvency or bankruptcy law, and shall not be subject to the
interference or control of creditors, spouses or others.
6. EXECUTOR. I hereby nominate and appoint: (check one)
- Successor Trustee. I direct the Successor Trustee mentioned in my Living
Trust to act as the Executor under this Will (“Executor”).
- Executor. I direct and appoint the following individual to act as my Executor
under this Will: (check one)
Executor: [EXECUTOR'S NAME]
Mailing Address: [MAILING ADDRESS]
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The above-mentioned individual (“Executor”) shall be the Executor and
personal representative of my estate. If, for any reason, the Executor
should fail to serve, either being unwilling or unable to serve, I direct the
following to serve in their presence:
2nd Executor: [2ND EXECUTOR'S NAME]
Mailing Address: [MAILING ADDRESS]
Any decision by the Executor with respect to any discretionary power
hereunder shall be final and binding to all parties directly or indirectly
affected. Unless due to the Executor’s own willful gross negligence, no
Executor shall be liable for said acts or omissions while performing their
duties under the estate and this Will.
7. EXECUTOR’S BOND. As the Testator, I instruct the Executor to serve: (check one)
- Serve WITHOUT Bond. I expressly waive the requirement for the Executor
to post a bond. The Executor shall administer the estate to the best of their
abilities and in accordance with this Will, State laws, and in the best interest of
the Beneficiaries.
- Serve WITH Bond. I require the Executor to post a bond prior to acting on
behalf of the estate. Said bond shall be equal to an estimated amount of the
estate and shall serve to act as a safeguard for the proper administration of its
property and assets. Serving with bond shall not absolve the Executor of their
duties of administering the estate with the best of their abilities and in accordance
with this Will, State laws, and in the best interest of the Beneficiaries.
8. GUARDIAN. If I am to be the parent or legal guardian of minor children at the time of
my death, I appoint [GUARDIAN'S NAME] of [GUARDIAN'S ADDRESS]
(“Guardian”) as the Guardian of said minor children. If the Guardian is unable or
unwilling to serve, I appoint [2ND GUARDIAN'S NAME] of [2ND GUARDIAN'S
ADDRESS] as the Guardian.
9. EXECUTOR’S POWERS. My Executor shall have and may exercise the following
discretionary powers in addition to any common law or statutory powers without the
necessity of court license or approval:
a.) Investment. To retain for whatever period my Executor deems advisable any
property, including property owned by me at my death, and to invest and
reinvest in any property, both real and personal, regardless of whether any
particular investment would be proper for the Executor and regardless of the
extent of diversification of the assets held hereunder.
b.) Buy and Sell. To sell and to grant options to purchase all or any part of my
estate, both real and personal, at any time, at public or private sale, for
consideration, whether or not the highest possible consideration, and upon
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terms, including credit, as my Executor deems advisable, and to execute,
acknowledge, and deliver deeds or other instruments in connection therewith.
c.) Real Estate Leasing. To lease any real estate for terms and conditions as my
Executor deems advisable, including the granting of options to renew, options
to extend the term or terms, and options to purchase.
d.) Settle Claims. To pay, compromise, settle, or otherwise adjust any claims,
including taxes, asserted in favor of or against me, my estate, or my Executor.
e.) Initiate Elections. To make such elections under the tax laws as my Executor
shall deem appropriate, including elections with respect to qualified
terminable interest property, exemptions, and the use of deductions as
income tax or estate tax deductions, and to determine whether to make any
adjustments between income and principal on account of any election so
made. To make any elections permitted under any pension, profit sharing,
employee stock ownership, or other benefit plan.
f.) Employment. To employ others in connection with the administration of my
estate, including legal counsel, investment advisors, brokers, accountants,
agents, and to pay reasonable compensation in addition to my executor’s
compensation.
g.) Voting. To vote any shares of stock or other securities in person or by proxy;
to assert or waive any stockholder’s rights or privilege to subscribe for or
otherwise acquire additional stock; to deposit securities in any voting trust or
with any committee.
h.) Loan and Borrow Money. To borrow, pledge, or mortgage any property as
collateral and make secured or unsecured loans. My Executor is authorized to
make loans without interest to any Beneficiary. No individual or entity loaning
property to my Executor or trustee shall be held to see to the application of
such property.
i.) GST Exemption. My Executor shall, in their absolute discretion, determine the
allocation of any GST exemption available to me at my death to property
passing under this Will or otherwise. The determination of my Executor with
respect to any elections or allocation, if made or taken in good faith, shall be
binding upon all affected.
10. GOVERNING LAW. This Will shall be governed under the same laws and the same
jurisdiction as the Living Trust.
11. EXECUTION. I, the undersigned Testator, hereby declare that I sign and execute
this instrument as my Will, that I sign it willingly in the presence of each of the
undersigned witnesses, and that I execute it as my free and voluntary act for the
purposes herein expressed, on this date of [DATE].
Testator’s Signature: _______________________ Date: _______________
Print Name: _______________________
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TESTAMENTARY AFFIDAVIT
STATE OF ____________________
COUNTY OF __________________, SS.
Before me, the undersigned authority, on this day personally appeared
___________, testator, ____________________, witness and ___________________,
witness, known to me to be the testator and the witnesses, respectively, whose names
are signed to the attached or foregoing instrument, and, all of these persons being by
me duly sworn, the testator declared to me and to the witnesses in my presence that the
instrument is the testator’s Will and that the testator has willingly signed or directed
another to sign for him/her, and that the testator executed it as the testator’s free and
voluntary act for the purposes therein expressed; and each of the witnesses stated to
me, in the presence of the testator, that they signed the Will as witnesses and that to the
best of their knowledge the testator was eighteen (18) years of age or over, of sound
mind and under no constraint or undue influence.
______________________________ ______________________________
Testator Signature Witness Signature
______________________________
Witness Signature
Subscribed and sworn to before me by the said testator and the said witnesses, this
____ day of ________________, 20____.
______________________________
Notary Public
My Commission expires:
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