Real-world examples of pour-over will clauses you can learn from

Short, plain-language example of a pour-over will clause

Let’s start with the kind of language most people actually see. A very common example of a simple pour-over clause looks like this:

Simple Pour-Over Clause – Example 1
“I give all the rest, residue, and remainder of my estate, of whatever kind and wherever located, to the then acting Trustee of the [Name of Trust], dated [Trust Date], to be added to and administered as part of that trust according to its terms, as amended from time to time.”

This is one of the best examples of a straightforward pour-over will clause:

• It sends everything left in your probate estate into your existing trust.
• It ties the will to a specific trust by name and date.
• It confirms that if the trust has been amended, the updated version still controls.

When people ask for examples of examples of pour-over will clauses in plain English, this is usually what they’re really asking for: a short, clean sentence that says, “Whatever I forgot to put in the trust during life, please move it into the trust at death.”

Expanded examples of pour-over will clauses with back‑up language

Real life is messy. Trusts get amended, restated, or occasionally revoked. Good drafting anticipates that. Here are examples of pour-over will clauses that go a step beyond the bare minimum.

Pour-Over with Trust Amendment Language – Example 2
“I give all the rest, residue, and remainder of my estate to the Trustee then acting under the [Name of Trust], dated [Trust Date], as that trust may be amended or restated from time to time, to be held, administered, and distributed according to its terms. The receipt of the Trustee shall be a full discharge to my Personal Representative.”

What this version adds:

• Explicit reference to the trust being “amended or restated”, which is common when attorneys do a full restatement instead of small amendments.
• A discharge sentence protecting your executor once they transfer the assets.

Here’s another example of language that addresses what happens if the trust is no longer in existence:

Pour-Over with Failed Trust Backup – Example 3
“If, at my death, the [Name of Trust] dated [Trust Date] is not then in existence or is deemed invalid, I give the rest, residue, and remainder of my estate to the person who would have been Trustee, to be held IN TRUST under the terms set forth in that instrument as in effect on the date of my death, which terms are incorporated here by reference.”

Why this matters:

• If the trust was accidentally revoked or not properly funded, this clause tries to recreate the trust terms inside the will itself.
• It’s one of the best examples of how lawyers try to avoid a total failure of your estate plan.

The American Bar Association has long recommended that wills and trusts be drafted to work together as a coordinated estate plan, rather than as stand‑alone documents (ABA Estate Planning Resources). These expanded examples reflect that approach.

Examples of pour-over will clauses for parents with minor children

Parents often want the pour-over will to do two things at once:

1. Pour leftover assets into the trust, and
2. Name guardians for minor children.

Here is a blended example of a pour-over clause with child‑focused language:

Pour-Over with Minor Children – Example 4
“I give all the rest, residue, and remainder of my estate to the Trustee then acting under the [Smith Family Revocable Trust], dated March 3, 2024, as amended from time to time. Such property shall be added to and administered as part of that trust. It is my intent that all property passing under this Will for the benefit of my minor children shall be held in trust under the terms of the Smith Family Revocable Trust.”

In practice, this kind of drafting:

• Keeps all children’s inheritance inside one coordinated trust.
• Avoids separate court‑supervised guardianship accounts for each child.

A second, more explicit version adds a default trust if the main trust fails:

Pour-Over with Standby Children’s Trust – Example 5
“If, at my death, the Smith Family Revocable Trust is not then in existence, I give the rest, residue, and remainder of my estate to my Personal Representative, IN TRUST, to be held and distributed for the benefit of my children on the same terms that were set forth in the last valid version of that trust as of my date of death.”

This is one of the best examples of how pour-over wills and trusts can work together to protect children even when the underlying trust paperwork isn’t perfect.

For general guidance on planning for minor children, the Consumer Financial Protection Bureau and similar agencies often emphasize the value of using trusts to manage funds for minors rather than leaving assets outright (see CFPB resources).

Real examples of pour-over will clauses for digital assets and modern estates

Estate planning in 2024–2025 isn’t just about houses and bank accounts. People have cryptocurrency, online businesses, and digital photos scattered across platforms. While digital assets are usually handled in separate sections, some modern pour-over wills include language that makes the pour-over apply clearly to those assets as well.

Here’s a real‑world style example of pour-over language that nods to digital property:

Pour-Over Including Digital Assets – Example 6
“I give all the rest, residue, and remainder of my estate, including any digital assets and rights to digital accounts over which I have the power to transfer at death, to the Trustee then acting under the [Name of Trust], dated [Trust Date], as amended from time to time, to be added to and administered as part of that trust.”

This kind of clause:

• Signals that your executor should treat digital property like other assets when pouring into the trust.
• Helps align your will with state laws based on the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which many U.S. states have adopted or adapted (Uniform Law Commission Digital Assets Act).

Another modern example focuses on business interests:

Pour-Over Covering Business Interests – Example 7
“Without limiting the generality of the foregoing, it is my intent that any ownership interests I hold at death in any closely held business, limited liability company, or professional practice shall pass under this Article to the Trustee of the [Name of Trust] and be administered under the terms of that trust.”

These are real examples of how lawyers in 2024–2025 are adapting classic pour-over concepts to more complex, digital‑heavy estates.

Examples of pour-over will clauses coordinating with joint property and beneficiary designations

One common misunderstanding: a pour-over will does not control everything you own. It usually does not override:

• Joint tenancy property with rights of survivorship
• Pay‑on‑death (POD) or transfer‑on‑death (TOD) designations
• Retirement account beneficiaries
• Life insurance beneficiary designations

Because of that, some attorneys use explanatory pour-over language. Here is an example of a clarifying clause:

Pour-Over with Coordination Language – Example 8
“Property passing by beneficiary designation, joint ownership with right of survivorship, or other nonprobate transfer shall not be part of my residuary estate unless such property becomes payable to my estate. Any such property that does become payable to my estate shall be included in the residue and shall pour over to the Trustee of the [Name of Trust] as provided above.”

This is one of the best examples of pour-over drafting that:

• Acknowledges the limits of what the will controls.
• Ensures that any nonprobate asset that accidentally ends up payable to the estate still pours into the trust.

For broader background on how nonprobate transfers work, the National Conference of State Legislatures and similar organizations maintain accessible overviews of probate and nonprobate property rules (NCSL Probate Resources).

How lawyers customize the best examples of pour-over will clauses

If you compare these examples of pour-over will clauses to your own documents, you’ll notice a pattern:

• The core pour-over sentence is almost always there: “I give the rest, residue, and remainder of my estate to the Trustee of [Trust].”
• The variations are built around context: children, digital assets, business interests, failed trusts, or nonprobate assets.

In 2024–2025, estate planners are paying more attention to:

• Portability of the federal estate tax exemption between spouses.
• The growing number of single‑person estates with significant retirement accounts.
• Cross‑border issues for clients with property in multiple countries.

While the pour-over clause itself remains relatively stable, the surrounding will often includes:

• Tax allocation provisions that coordinate with the trust.
• References to trust protectors or powers of appointment in the trust.
• Clear instructions about tangible personal property, even when the rest of the estate pours into the trust.

When you ask your attorney for “the best examples of pour-over will clauses,” what you really want is not a perfect sentence that works for everyone. You want:

• A solid base clause like Example 1 or 2, and
• Targeted add‑ons like Examples 5, 6, or 8 that match your specific fact pattern.

FAQ: Common questions about examples of pour-over will clauses

What is a simple example of a pour-over will clause?

A simple example of a pour-over will clause is:

“I give all the rest, residue, and remainder of my estate to the Trustee then acting under the [Name of Trust], dated [Trust Date], to be added to and administered as part of that trust according to its terms.”

That’s the basic structure you’ll see in most states, with minor wording variations.

Do all pour-over wills use the same wording?

No. The core idea is the same, but examples include:

• Short, one‑sentence clauses for very simple estates.
• Longer clauses that reference amendments, restatements, or backup trusts.
• Modern clauses that explicitly mention digital assets or business interests.

The best examples are the ones that match your trust and your asset mix, not just generic templates.

Are examples of pour-over will clauses valid in every state?

The general concept of a pour-over will is widely accepted across the United States, but each state has its own probate code and formal signing requirements. A clause that looks like the examples above can still fail if:

• The will isn’t properly signed and witnessed under your state’s law.
• The referenced trust doesn’t meet your state’s standards for validity.

Most states have statutes that explicitly recognize pour-over gifts to existing trusts. Your attorney should confirm that your wording tracks your state’s statute.

Can I copy an online example of a pour-over will clause into my own will?

You can, but it’s risky. Real examples of pour-over will clauses are drafted to fit specific trusts, tax situations, and state laws. Copy‑pasting without:

• Matching the exact trust name and date, and
• Checking your state’s execution rules,

can create conflicts or even invalidate the gift. Think of these examples as educational models, not ready‑to‑sign documents.

Where can I find more reliable information about wills and trusts?

For more background beyond these examples of pour-over will clauses, look at:

• Your state court or attorney general website for probate guides.
• National organizations like the American Bar Association’s Real Property, Trust and Estate Law Section.
• University‑based legal clinics or law school websites that publish estate planning primers.

These sources won’t replace a lawyer, but they’ll help you ask smarter questions when you review your own pour-over will and trust.