Pour-Over Will

Pour-Over Will

Drafts a pour-over will transferring the testator's residuary estate to an existing revocable living trust, ensuring unified distribution for assets not titled in the trust at death.

Checkpoint A: Pre-Draft Intake

Gather before drafting. If user says "use defaults," apply bracketed defaults and note them.

Output Structure

Article I — Declaration

Article II — Fiduciary Appointments

Article III — Debts and Expenses

• [ ] Legally enforceable debts
• [ ] Funeral and burial expenses
• [ ] Costs of administration
• [ ] Estate taxes — apportioned among beneficiaries OR paid from residuary
• [ ] Secured debts — beneficiary takes subject to encumbrance OR estate pays off
• [ ] Priority of payments
• [ ] PR discretion to contest or compromise claims

Article IV — Specific Bequests and Tangible Property

• Draft specific bequests before residuary pour-over
• Reference separate written statement/list if state law permits (UPC § 2-513 or equivalent) [VERIFY]
• Address ademption (property no longer in estate), lapse (beneficiary predeceases testator), and anti-lapse statute applicability

Article V — Pour-Over of Residuary Estate

Core clause template:

I give, devise, and bequeath all the rest, residue, and remainder of my estate,
whether real, personal, or mixed, wherever situated, to the then-acting Trustee
of the [TRUST NAME], dated [TRUST DATE], established by [SETTLOR NAME],
as amended from time to time, to be held, administered, and distributed
in accordance with the terms of said trust and not as a testamentary trust.

Article VI — Execution and Attestation

Checkpoint B: Post-Draft Alignment

After delivering draft, confirm:

1. Are fiduciary appointments and succession order correct?
2. Is the trust correctly identified by name, date, and settlor?
3. Does the tax apportionment clause reflect the testator's intent?
4. Are execution formalities (witness count, self-proving affidavit) correct for the domicile state?

Quality Audit

• [ ] "As amended from time to time" included in pour-over clause
• [ ] Contingent beneficiary if trust is revoked or invalid
• [ ] UTATA or state pour-over statute compliance verified [VERIFY]
• [ ] Trust confirmed in existence at will execution
• [ ] No substantive trust distribution terms in the will
• [ ] Tax apportionment explicitly stated (not relying on state default)
• [ ] Execution formalities match domicile state requirements
• [ ] Self-proving affidavit cites correct statute [VERIFY]
• [ ] All bracketed terms filled or flagged for attorney review
• [ ] Separate tangible property list referenced only if state permits incorporation by reference [VERIFY]

Guidelines

• Domicile controls — verify all provisions against the domicile state's probate code
• "As amended" language is critical — without it, only original trust terms apply; most states honor this under UTATA
• Pour-over assets pass through probate — this is a safety net, not a probate-avoidance tool
• No trust terms in the will — distribution governed by the trust instrument exclusively
• Tax apportionment — default state rules vary; always specify intent explicitly
• Placeholders — use [BRACKETED CAPS] for all client-specific information
• All outputs require attorney review before execution