Pour-Over Will 1
Pour-Over Will 1
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Pour-Over Will 1

This sample "pour-over" will is designed for a married person with a living trust, where the living trust will serve as the primary vehicle for the distribution of property upon the Testator's death.  In that case, the pour-over will is used primarily to pick up any property that is not in the living trust at the time of the Testator's death and transfer it (i.e., "pour it over") to the living trust so that it can be distributed along with other property already in the trust. 

Because this sample pour-over will is designed for a Testator with adult children, it does not contain provisions for after-born children or the appointment of guardians.

 

 


LAST WILL AND TESTAMENT

OF

JOHN B. DOE

 

I, John B. Doe, also known as Johnny Doe, of the Town of __________, County of __________, and State of __________, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils previously made by me.      moreinfo

 

ARTICLE I: DECLARATIONS

I declare that I am married as of the date of this Will and that my wife's name is Jane R. Doe. I further declare that I have two (2) children, namely: William T. Doe of _____________, _____________, and Mary S. Doe of _____________, _____________.     moreinfo

 

ARTICLE II: DEBTS AND EXPENSES

I direct that all of my legally enforceable debts, funeral expenses and estate administration expenses be paid as soon after my death as may be practicable, except that any debt or expense secured by a mortgage, pledge or similar encumbrance on property owned by me at my death need not be paid by my estate, but such property may pass subject to such mortgage, pledge or similar encumbrance. &nbsp  moreinfo

 

ARTICLE III: TAXES

I direct that all estate, inheritance, legacy, transfer, succession and other death taxes or duties (together with interest and penalties thereon, if any) that are levied or assessed upon or with respect to any property included as part of my gross estate, whether such property passes under the provisions of this Will or otherwise, shall be paid out of my residuary estate as an administrative expense, without any proration or apportionment that might otherwise be required by law.    moreinfo

 

ARTICLE IV: TANGIBLE PERSONAL PROPERTY

All of the tangible personal property used by me in my personal residence or elsewhere, including my personal effects, jewelry, household furniture and furnishings, garden and lawn furnishings, books, silver, china, glass, rugs, art objects, hobby equipment and collections, wearing apparel, automobiles, and other personal articles, is held in trust by the Trustee (or his successor or successors) under the Declaration of Trust establishing the John B. Doe Living Trust, as more particularly described in Article V of this Will, and I hereby ratify and confirm the ownership of all such tangible personal property by said Trustee.     moreinfo

 

ARTICLE V: RESIDUARY ESTATE

All the rest, residue and remainder of the property that I may own at the time of my death, whether real, personal or mixed, of whatever kind and nature and wherever situated, including all property that I may acquire or become entitled to after the execution of this Will, or other gifts made by this Will that fail for any reason, but excluding any property over or concerning which I may have any power of appointment (all hereinafter referred to as my "residuary estate"), I give, devise and bequeath to the Trustee (or his successor or successors) under the Declaration of Trust establishing the John B. Doe Living Trust, which Declaration of Trust was signed by me, both as Grantor and as Trustee, on ________________, ________, but before the execution of this Will, to be held, administered and distributed in accordance with the terms and provisions thereof.    moreinfo

 

ARTICLE VI: APPOINTMENT OF EXECUTRIX

A. I nominate and appoint my wife, Jane R. Doe, as Executrix under this Will and, reposing special trust and faith in her, direct that no bond or other security be required for the faithful performance of her duties or, if bond is required, that sureties thereon be waived.

B. If my wife, Jane R. Doe, predeceases me or fails to qualify as Executrix or, having qualified, should die, resign or become incapacitated, then I nominate and appoint my brother, Homer V. Doe of __________, ____________, as Executor, and give him the same powers and authority as my original Executrix was given.

C. In addition to any other powers that my be conferred by law, I give my Executrix under this Will, including any successor or successors thereto, those powers set forth in the __________ General Statutes, any of which may be exercised without the need for court order. 
    moreinfo

 

ARTICLE VII: SURVIVORSHIP PRESUMPTION

If any beneficiary under this Will fails to survive me by thirty (30) days, it shall be deemed for all purposes of this Will that such beneficiary did not survive me.    moreinfo

 

ARTICLE VIII: USE OF WORDS AND CAPTIONS

Wherever the context so requires, words used herein in one gender shall be applicable to all genders, words used in the singular shall include the plural, and words used in the plural shall include the singular. The use of captions are for reference only and are not meant to govern or affect the interpretation of any part of this Will.    moreinfo

 

IN WITNESS WHEREOF, I have subscribed my name to this, my Last Will and Testament, consisting of ______ pages; and, for purposes of identification, I have initialed each preceding page in the presence of two persons witnessing at my request, this __________ day of ____________________, 2011.    moreinfo

 

________________________________________
John B. Doe

 

Signed, sealed, published and declared by the above named John B. Doe, as and for his Last Will and Testament, in the presence of us, who, at his request, in his presence and in the presence of each other have hereunto subscribed our names as witnesses on the day and year last above written.     moreinfo


____________________________________ of __________________________________

 

____________________________________ of __________________________________

 

 

STATE OF ____________________ )
) ss.
COUNTY OF ____________________ )

Town of __________, this __________ day of ________________, 2011.

We, the undersigned, being duly sworn, do depose and say that we witnessed the within Will of the within named Testator, John B. Doe; that we subscribed the same in his presence, in the presence of each other, and at his request; that the said John B. Doe at the time of signing said Will appeared to us to be of full age and of sound and disposing mind and memory, and competent to make a testamentary disposition of real and personal property; that he voluntarily signed said Will and declared the same to be his Last Will and Testament in our presence; and that this affidavit is made at the request of the said John B. Doe.   moreinfo

 

________________________________

________________________________

 


Subscribed and sworn to this ______ day of ________, 2011, before me.  moreinfo

 

________________________________

 

 

 

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