There are a myriad of benefits, as well as potential disadvantaged to consider with this type of will. Distinguishing the difference between pour-over will and regular will aids in making an informed decision. Though the pour-over will legality can vary by state, information regarding the process in specific states like Virginia and Florida is included.
Whether you’re curious about the probate process with a pour-over will or seeking a concise pour-over will definition, our page provides an all-inclusive resource for your needs.
1. IdentificationThis is the Last Will and Testament of me, [Your Full Legal Name], of [Your Address], in the county of [Your County], in the state of [Your State], executed this [Day of Month] day of [Month], in the year [Year].
2. Revocation of Previous WillsI hereby declare that this Last Will and Testament revokes, cancels, and supersedes any and all other last wills and testaments and codicils that I have previously made. I declare that this is my last will and testament.
3. Executor AppointmentI hereby nominate, constitute and appoint [Executor’s Full Legal Name], of [Executor’s Address], as the Executor of this Last Will and Testament. In the event that [Executor’s Full Legal Name] is unwilling, unable or predeceased, I hereby nominate, constitute and appoint [Alternate Executor’s Full Legal Name], of [Alternate Executor’s Address], as the alternate Executor of this Last Will and Testament.
4. Pour Over ProvisionI declare that I have executed a Living Trust Agreement, dated [Date of Trust Execution] (“the Trust”). I hereby direct that all of my right, title, and interest in and to any property of mine, wherever situated, not otherwise effectively disposed of or designated for disposition by this Will or any other instrument or arrangement, shall pour over and be transferred and distributed to the trustee, [Trustee’s Full Legal Name], of [Trustee’s Address], in accordance with the terms and conditions contained in the Trust.
5. Guardian AppointmentIn the event that I have minor children surviving me, I appoint [Guardian’s Full Legal Name], of [Guardian’s Address], as Guardian of my minor children. If [Guardian’s Full Legal Name] is unable, unwilling or predeceased, I appoint [Alternate Guardian’s Full Legal Name], of [Alternate Guardian’s Address], as alternate guardian of my minor children.
6. Disposition of PropertyI direct that my Executor apply first, the assets of my probate estate, and second, the assets of my Trust, to the payment of all my debts and expenses.
7. Severability and SurvivalIf any part of this will is found to be void and unenforceable, it will not affect the validity of the balance of this Will. All provisions of this will shall survive my death.
8. Execution and AttestationBy signing below, I, [Your Full Legal Name], declare under penalty of perjury under the laws of the state of [Your State] that I sign and execute this instrument as my Last Will, that I sign it willingly, and that I execute it as my free and voluntary act for the purposes expressed in the Will. I declare that I am of the age of majority or otherwise legally empowered to make a Will, and under no constraint or undue influence.
[b>Your Full Legal Name
9. Affirmation of WitnessesThe Affirmation of Witnesses must be completed by two individuals witnessing your signature and the signing of the Will.
Witness 1: _______________
Witness 2: _______________
Other Useful ContractsAfter having prepared a Pour Over Will, you might want to consider exploring other legal documents that can strengthen your estate plan. These include the Last Will and Testament, a fundamental document that outlines your wishes for your property and assets after death, ensuring your loved ones are protected. This legally-binding document ensures that your assets are distributed in accordance with your wishes.
Another relevant document to consider is the Revocable Living Trust, which also plays a crucial role in estate planning. Similar to a Pour Over Will, this document allows you to maintain control of your assets during your lifetime and outlines how these will be managed after death or if you become incapacitated.
To further safeguard your interests, you might also find the Power of Attorney useful. This critical document grants legal authority to a trusted person of your choice to manage your affairs and make decisions on your behalf if you’re unable to do so yourself.
Finally, to accommodate any changes or additions you may want to make to your will in the future, consider using a Codicil. This allows you to legally amend your will without going through the process of drafting an entirely new one.