Free Pour-Over Will

Free Pour-Over Will

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Create Your Free
Pour-Over Will

  1. Answer a few simple questions
  2. Email, download or print instantly
  3. Just takes 5 minutes

Pour-Over Will

Create Your Free Pour-Over Will

Create Your Free Pour-Over Will




Frequently Asked Questions

Who should make a Pour-Over Will?If you have a living trust you should make a Pour-Over Will.Why should I have a Pour-Over Will?A Pour-Over Will is a special type of last will and testament that, upon your death, transfers any missed property to your living trust. The property will then be dealt with as specified in your living trust.

A Pour-Over Will can also be used to transfer any personal clothing, jewelry and furniture to specific beneficiaries outside your living trust.

If you do not have a Pour-Over Will, any missed property will be distributed according to law, as if you had died intestate (i.e., without a will).


Your Pour-Over Will

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LAST WILL AND TESTAMENT OF ____________________

I, ____________________, presently of ____________________, Virginia, declare that this is my Last Will and Testament.


  1. PRELIMINARY DECLARATIONS
  2. Prior Wills and Codicils
  3. I revoke all prior Wills and Codicils.
  4. Current Children
  5. I do not have any living children.
  6. The term 'child' or 'children' as used in this Will includes the above listed children and any children of mine that are subsequently born or legally adopted.

  7. EXECUTOR
  8. Definition
  9. The expression 'my Executor' used throughout this Will includes either the singular or plural number, or the masculine or feminine gender as appropriate wherever the fact or context so requires. The term 'executor' in this Will is synonymous with and includes the terms 'personal representative' and 'executrix'.
  10. Appointment
  11. I appoint __________ of __________, Virginia as the sole Executor of this Will.
  12. No bond or other security of any kind will be required of any Executor appointed in this Will.
  13. Powers of My Executor
  14. I give and appoint to my Executor the following duties and powers with respect to my estate:
    1. To pay my legally enforceable debts, funeral expenses and all expenses in connection with the administration of my estate and the trusts created by this Will as soon as convenient after my death. If any of the real property devised in this Will remains subject to a mortgage at the time of my death, then I direct that the devisee taking that mortgaged property will take the property subject to that mortgage and that the devisee will not be entitled to have the mortgage paid out or resolved from the remaining assets of the residue of my estate;
    2. To take all legal actions to have the probate of this Will completed as quickly and simply as possible, and as free as possible from any court supervision, under the laws of the Commonwealth of Virginia;
    3. To retain, exchange, insure, repair, improve, sell or dispose of any and all personal property belonging to my estate as my Executor deems advisable without liability for loss or depreciation;
    4. To invest, manage, lease, rent, exchange, mortgage, sell, dispose of or give options without being limited as to term and to insure, repair, improve, or add to or otherwise deal with any and all real property belonging to my estate as my Executor deems advisable without liability for loss or depreciation;
    5. To purchase, maintain, convert and liquidate investments or securities, and to vote stock, or exercise any option concerning any investments or securities without liability for loss;
    6. To open or close bank accounts;
    7. To maintain, continue, dissolve, change or sell any business which is part of my estate, or to purchase any business if deemed necessary or beneficial to my estate by my Executor;
    8. To maintain, settle, abandon, sue or defend, or otherwise deal with any lawsuits against my estate;
    9. To employ any lawyer, accountant or other professional; and
    10. Except as otherwise provided in this Will, to act as my Trustee by holding in trust the share of any minor beneficiary, and to keep such share invested, pay the income or capital or as much of either or both as my Executor considers advisable for the maintenance, education, advancement or benefit of such minor beneficiary and to pay or transfer the capital of such share or the amount remaining of that share to such beneficiary when he or she reaches the age of majority or, during the minority of such beneficiary, to pay or transfer such share to any parent or guardian of such beneficiary subject to like conditions and the receipt of any such parent or guardian discharges my Executor.
  15. The above authority and powers granted to my Executor are in addition to any powers and elective rights conferred by state or federal law or by other provision of this Will and may be exercised as often as required, and without application to or approval by any court.

  16. DISPOSITION OF ESTATE
  17. Payment of Debts and Expenses
  18. I direct that any debts owed, including but not limited to, expenses associated with the probate of this Will, the payment of taxes, funeral expenses or any other expense resulting from the administration of this Will will be paid first from my estate.
  19. Disposition of Property
  20. Except as otherwise provided in this Will, all of the property that I own at my death, or which may become payable to my estate or my Executor, and any property that I have the power to dispose of under this Will shall be distributed to the trustee of the ____________________ dated July 19, 2018 to be administered and distributed as provided under that trust.

  21. GENERAL PROVISIONS
  22. Trustee Definition
  23. The expression 'my Trustee' used throughout this Will includes either the singular or plural number, or the masculine or feminine gender as appropriate wherever the fact or context so requires.
  24. Insufficient Estate
  25. If the value of my estate is insufficient to fulfill all of the bequests described in this Will then I give my Executor full authority to decrease each bequest by a proportionate amount.
  26. No Contest Provision
  27. If any beneficiary under this Will contests in any court any of the provisions of this Will, then each and all such persons shall not be entitled to any devises, legacies, bequests, or benefits under this Will or any codicil hereto, and such interest or share in my estate shall be disposed of as if that contesting beneficiary had not survived me.
  28. Severability
  29. If any provisions of this Will are deemed unenforceable, the remaining provisions will remain in full force and effect.

IN WITNESS WHEREOF, I have signed my name on this the 19th day of July, 2018, at __________, Virginia, declaring and publishing this instrument as my Last Will, in the presence of the undersigned witnesses, who witnessed and subscribed this Last Will at my request, and in my presence.

_____________________________
____________________ (Testator) Signature

SIGNED AND DECLARED by ____________________ on the 19th day of July, 2018 to be the Testator's Last Will, in our presence, at __________, Virginia, who at the Testator's request and in the presence of the Testator and of each other, all being present at the same time, have signed our names as witnesses.


________________________
Witness #1 Signature
________________________
Witness #1 Name (Please Print)
________________________
Witness #1 Street Address
________________________
Witness #1 City/State


________________________
Witness #2 Signature
________________________
Witness #2 Name (Please Print)
________________________
Witness #2 Street Address
________________________
Witness #2 City/State


________________________
Witness #3 Signature
________________________
Witness #3 Name (Please Print)
________________________
Witness #3 Street Address
________________________
Witness #3 City/State


AFFIDAVIT

STATE OF VIRGINIA

COUNTY/CITY OF _____________________________

Before me, the undersigned authority, on this day personally appeared ____________________, ____________________, ____________________ and ____________________, 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 first duly sworn, ____________________, the Testator, declared to me and to the witnesses in my presence that the instrument is the Last Will of the Testator and that they had willingly signed or directed another to sign the same for them, and executed it in the presence of said witnesses as their free and voluntary act for the purposes therein expressed; that said witnesses stated before me that the foregoing Last Will was executed and acknowledged by the Testator as their Last Will in the presence of said witnesses who, in the Testator's presence and at their request, and in the presence of each other, did subscribe their names thereto as attesting witnesses on the day of the date of said Last Will, and that the Testator, at the time of the execution of said Last Will, was over the age of eighteen years and of sound and disposing mind and memory.


_____________________________
Testator


__________________________
Witness #1


__________________________
Witness #2


__________________________
Witness #3

Subscribed, sworn and acknowledged before me by ____________________, the Testator, and subscribed and sworn before me by ____________________, ____________________ and ____________________, witnesses, this _____ day of ____________________, A.D. 20_______.


SIGNED _____________________________

______________________________________
(OFFICIAL CAPACITY OF OFFICER)

Pour-Over Will

What is a Pour-Over Will?

A Pour-Over Will is a special type of Last Will and Testament that is used in conjunction with a Living Trust as part of a trust-based estate plan.

When the trustor or grantor (the person who created the Living Trust and the Pour-Over Will) passes away, the Pour-Over Will moves any remaining property into the existing Living Trust.

How do you use a Pour-Over Will in a Living Trust?

Since the main purpose of a Pour-Over Will is to transfer (pour over) any remaining property into the Living Trust when you pass away, it acts as a supplementary document to the Living Trust.

Essentially, a Pour-Over Will is a back-up method to ensure that any missed property is transferred into your Living Trust.

In addition, the Pour-Over Will allows you to:

  • Name an executor to carry out your wishes as indicated in your Pour-Over Will
  • Appoint a guardian for any minor or dependent children
  • Specify any gifts (like furniture or jewelry) and who will receive them (such as an individual, charity, or other organization)
  • Add any additional clauses or instructions

What is the difference between a Last Will and a Pour-Over Will?

A Pour-Over Will is simpler than a Last Will and Testament. In a Living Trust, you've already indicated how your property will be distributed, so those decisions are not included in a Pour-Over Will. Instead, and unlike a Will, when you pass away a Pour-Over Will transfers any remaining property into your Living Trust. Your property is then distributed according to the wishes expressed in your Living Trust.

You must have a Living Trust before you can create a Pour-Over Will, but you do not need to have a Living Trust to create a Last Will and Testament.

What is the difference between a Pour-Over Will and a testamentary trust?

The basic difference between a Pour-Over Will and a testamentary trust is that the testamentary trust is created by instructions in the trustor's Will and only comes into effect after the trustor passes away. A Pour-Over Will is created while the trustor is alive and transfers any missed property directly into an existing Living Trust without creating an entirely new trust.

For example, non-testamentary trusts, like a Revocable Living Trust, take effect as soon as the trustor signs the document and has it notarized. In contrast, testamentary trusts are often used when a trustor wants to leave assets to a beneficiary, like a minor child, but only wants the beneficiary to receive the property once they reach a certain age.

Related Documents:

  • Revocable Living Trust: In order to have a Pour-Over Will, you must first create a Living Trust. A Revocable Living Trust helps you manage how your assets will be taken care of after you pass away and is part of a complete estate plan.
  • Health Care Directive: A Health Care Directive sets out your wishes for medical care in the event that you are not able to speak for yourself.
  • Power of Attorney: A Power of Attorney is another document that is often used as part of an estate plan. A POA lets you appoint someone to make certain decisions on your behalf if you are unable to.
  • End-of-Life Plan: An End-of-Life Plan allows you to specify your wishes with regards to your funeral plans, how you want your remains to be handled, and more. Usually this document is used in combination with other estate planning documents as part of a complete estate plan.
  • Last Will and Testament: A Last Will and Testament is an estate planning document used to determine how property is divided when you pass away. A Last Will is used by those who do not wish to create a Living Trust and Pour-Over Will as part of their estate plan.
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