Pour-Over Will Template
I, [Testator Name], residing at [Address], make this my Last Will and Testament, revoking all prior wills and codicils.
Article I – Identification of Family
- I am married to [Spouse Name] and have the following children: [Names]. (If none, state accordingly.)
Article II – Appointment of Personal Representative
- I appoint [Name] as Personal Representative (Executor). If [Name] is unable or unwilling, I appoint [Successor Name].
- Personal Representative shall serve without bond.
Article III – Payment of Debts and Expenses
- Direct Personal Representative to pay my just debts, funeral expenses, estate administration costs, and taxes from my residuary estate.
Article IV – Disposition of Tangible Personal Property
- Personal Representative shall distribute tangible personal property according to a written memorandum signed by me (if any); otherwise, to [Beneficiary].
Article V – Pour-Over Provision
- I am the grantor of the [Name of Revocable Trust] dated [Date] (the "Trust").
- I devise and bequeath all rest, residue, and remainder of my estate to the Trustee of the Trust, to be added to and administered according to the terms of that Trust, as amended prior to my death.
Article VI – Guardianship of Minor Children
- If my spouse does not survive me or cannot act, I appoint [Guardian Name] as guardian of my minor children, with [Successor Guardian] as alternate.
Article VII – Tax Apportionment
- Estate, inheritance, and generation-skipping transfer taxes to be apportioned and paid from residuary estate unless Trust provides otherwise.
Article VIII – Digital Assets (optional)
- Personal Representative authorized to access, manage, and dispose of my digital assets in compliance with law.
Article IX – Simultaneous Death Provision
- If my spouse and I die simultaneously or under circumstances making survival uncertain, my spouse shall be deemed to have predeceased me for distribution purposes.
Article X – Miscellaneous
- Personal Representative may rely on provisions of Trust without obligation to oversee Trustee.
- Reference to gender includes all genders; singular includes plural.
Signatures
IN WITNESS WHEREOF, I sign this Will on [Date].
[Testator Name]
Attestation Clause
We, the undersigned witnesses, certify that [Testator Name], known to us, signed and declared this instrument to be their Last Will and Testament in our presence, and we signed in the Testator’s presence and in the presence of each other.
Witness 1: ____ Address: ____ Date: ____
Witness 2: ____ Address: ____ Date: ____
Self-Proving Affidavit (optional)
State of [State]
County of [County]
Before me, [Notary Name], on this day personally appeared [Testator Name], [Witness 1], and [Witness 2], known to me or proven by identification, and being duly sworn, declared that this instrument is the Testator’s Last Will and Testament and that each signed willingly.
[Notary acknowledgment with seal]