A pour-over will is a legal document that works in conjunction with a living trust. The primary purpose of this type of will is to ensure that any assets not transferred into the trust during the individual’s lifetime are ‘poured over’ into the trust upon their death. This helps streamline the distribution of assets and provides clarity in estate planning. Below are three practical examples of pour-over will language to illustrate how they can be structured.
This example is suitable for individuals who have created a living trust and want to ensure their remaining assets are transferred upon their death.
This pour-over will serves to transfer any assets not already included in the living trust into the trust upon the testator’s death. The testator has established a trust to manage their estate and wishes to ensure all assets are included.
I, [Full Name], residing at [Address], declare this to be my Pour-Over Will. Upon my death, I direct that all my assets, whether real or personal, which are not already included in my Trust established on [Date of Trust], shall be transferred to my Trust. I appoint [Trustee's Name] as the executor of this will and my Trust.
This example is ideal for individuals who not only want to transfer assets to their trust but also wish to make specific bequests to beneficiaries.
This pour-over will includes specific bequests to family members while simultaneously directing other assets to be poured over into the trust.
I, [Full Name], residing at [Address], make this Pour-Over Will. I bequeath the following specific items to my loved ones:
- To my spouse, [Spouse’s Name], I leave my family heirloom jewelry.
- To my child, [Child's Name], I leave my collection of rare coins.
All remaining assets not specifically bequeathed shall be poured over into my Trust established on [Date of Trust]. I appoint [Trustee's Name] as the executor of this will and my Trust.
This example targets business owners who wish to protect their business interests through a pour-over will.
This pour-over will ensures that a business entity is also transferred into the trust, providing a clear plan for business succession.
I, [Full Name], residing at [Address], hereby declare this to be my Pour-Over Will. I make the following provisions:
- I bequeath my ownership interest in [Business Name] located at [Business Address] to my Trust established on [Date of Trust].
- All other assets not previously transferred to my Trust shall be poured over into said Trust upon my death.
I appoint [Trustee's Name] as the executor of this will and my Trust, ensuring my business continues under the management of my chosen successor.