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LAST WILL AND TESTAMENT OF ____________________
I, ____________________, presently of ____________________, Virginia, declare that this is my Last Will and Testament.
IN WITNESS WHEREOF, I have signed my name on this the _____ day of _____________, _____, 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 _____ day of _____________, _____ 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 VIRGINIACOUNTY/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)
Last Updated October 16, 2023
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.
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:
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.
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.
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