Examples of Pour-Over Will Provisions

Explore practical examples of pour-over will provisions to understand their structure and application.
By Jamie

Understanding Pour-Over Wills

A pour-over will is a type of will that is designed to transfer assets into a trust upon the death of the individual. This legal document acts as a safety net to ensure that any assets not previously included in the trust are effectively transferred into it upon the individual’s passing. Below are three diverse, practical examples of pour-over will provisions that illustrate how they can be structured.

Example 1: Basic Pour-Over Will Provision

In this case, a married couple sets up a revocable living trust to manage their assets during their lifetime and distribute them after their death. They also create a pour-over will to ensure any assets not placed in the trust during their lifetime are transferred upon death.

The couple wants all their remaining assets, including personal belongings, bank accounts, and real estate, to go into the trust.

I, John Doe, being of sound mind, do hereby declare this pour-over will. Upon my death, I direct that all my remaining assets, including but not limited to bank accounts, real estate, and personal property, shall be transferred to the John and Jane Doe Revocable Living Trust dated January 1, 2023.

This provision ensures that any overlooked assets are automatically placed into the trust, simplifying the estate settlement process.

Notes:

  • This example is straightforward and covers general assets.
  • The trust must be properly funded during the individual’s lifetime to avoid probate complications.

Example 2: Pour-Over Will Provision with Specific Bequests

In this scenario, a single individual has established a trust to manage their investments and personal effects. They also create a pour-over will that includes specific bequests to family members while directing that remaining assets pour over into the trust.

The individual wishes to leave specific items to their siblings before transferring the rest to the trust.

I, Sarah Smith, declare this pour-over will. I bequeath the following items: 
1. My vintage car to my brother, Tom Smith.
2. My jewelry collection to my sister, Lisa Smith.

All other assets, including any remaining personal property, financial accounts, and investments, shall be transferred to the Sarah Smith Revocable Living Trust dated March 15, 2023, upon my death.

This provision allows for specific gifts while ensuring that the bulk of the estate is managed according to the trust’s terms.

Notes:

  • Specific bequests can help avoid family disputes over valuable items.
  • The trust must be referenced correctly to ensure legal validity.

Example 3: Pour-Over Will Provision for Business Assets

In this situation, an entrepreneur has created a trust to manage their business interests and personal assets. They implement a pour-over will to address any business assets not transferred to the trust prior to their death.

The entrepreneur aims to streamline the transition of business ownership to their family members through the trust.

I, Michael Johnson, do hereby declare this pour-over will. Upon my passing, I direct that all my business interests in Johnson Enterprises, LLC, as well as any other personal assets not previously accounted for, shall be transferred to the Johnson Family Trust dated July 20, 2023.

This provision is particularly beneficial for business owners who wish to ensure their business is managed as per their wishes after their death.

Notes:

  • Business assets can have unique tax implications; consulting with an attorney is advisable.
  • Include a clear description of the business entity in the will for legal clarity.