*** SP-POUR.TXT ******************************* *** C A U T I O N *** ******************************* Do Not Use These Documents Without Consulting An Estate Planning Attorney. The purpose of this software product is to assist you in the preparation of sample estate planning documents. You must have these documents reviewed and approved by an Estate Planning Attorney to ensure that the documents meet your particular needs, as well as to ensure that the documents conform to requirements of state and federal laws. JIAN and the authors of the software do not represent or guarantee that these documents are appropriate for your needs, satisfy any provision of state or federal law or will have any particular state or federal tax effect. ---------------------------------------------------------------------- REMEMBER to change the complete insertion code (***Q1***, ***Q2***, etc.) and not just the "Q1" or "Q2". This document references the following insertion codes: Q1, Q3, Q4, Q5, Q6, Q7, Q11, Q12, Q13, Q14, Q24 ********************************************************************** Single Person's "Pourover" Will This document provides for after-death distribution of your personal effects and "pours over" other assets not held in the name of the trust at the time of death to the trust (through probate, if necessary). This document ensures that, in the event some of your assets are inadvertently owned outside the trust, all such assets will ultimately be included in the trust and distributed in accordance with the terms of the trust. This Document Must Be Reviewed By An Estate Planning Attorney Before You Sign It. ********************************************************************** ___________________________________ LAST WILL AND TESTAMENT OF ***Q1*** ___________________________________ I, ***Q1***, a resident of the County of ***Q4***, State of ***Q5***, do make and declare this to be my Will, and I revoke all my prior Wills and Codicils. FIRST: Declaration Concerning Family. I declare that I am not married. ***Q24*** SECOND: Nomination and Appointment of Executor. I hereby nominate and appoint ***Q11*** to be my Executor hereunder, to serve without bond. In the event my nominee fails to become or at any time ceases to be the duly appointed and acting Executor hereunder, I nominate ***Q12*** as Executor, to serve without bond. The term "Executor" as used herein shall apply regardless of gender. THIRD: Last Illness and Funeral Expenses; Powers of Executor. I direct my Executor to pay my last illness and funeral expenses. I authorize my Executor to receive and retain any of my property; to sell, at public or private sale, encumber or lease any property of my estate without notice, at such prices and upon such terms as he deems best, and without the giving of any bond, subject, however, to such confirmation as may be required by law; to hold, manage and operate such property; to continue the operation of any business of my estate, alone or in partnership with others, for such times and in such manner as deemed advisable, or to sell or liquidate such business, and any such operation, sale or liquidation shall be at the risk of my estate and without liability on my Executor for any losses resulting therefrom; to invest and reinvest surplus moneys in such investments as he deems advisable; to determine what is principal and what is income of my estate and to allocate and charge to either principal or income any debts, taxes and expenses of administration. FOURTH: Distribution of All Property; Non Exercise of Power of Appointment. It is my intention by this Will to dispose of all of my property. I do not intend hereby to exercise any power of appointment which I may have arising from that Trust Agreement described hereinafter in Paragraph SIXTH. FIFTH: Disposition of Personal Effects. Except as provided in any written instructions to my Executor regarding the disposition of personal effects, I give any interest I may have in all personal automobiles, clothing, jewelry, china, silver, books, pictures and other works of art, household furniture and furnishings and all other items of domestic, household or personal use to the Trustee of that Trust Agreement described in Paragraph SIXTH. The bequests made by this paragraph shall be free and clear of estate and inheritance taxes, which I direct my Executor to charge against the residue of my estate. SIXTH: Disposition of Residue of Estate. (1) All the rest, residue and remainder of my estate, both real and personal and of whatever kind and wherever situated, I give, devise and bequeath to the individual or bank then acting as Trustee under that certain Trust Agreement designated as ***Q3***, signed earlier this day and bearing the same date as this Will, of which I am the Trustor and the Trustee, to be combined with the other assets of the trust and held, administered and distributed as a part of that trust, according to the terms thereof and any amendments made to it prior to my death. It is my intent, if it be permissible, not to create a separate trust by this Will and not to subject ***Q3*** or the property added to it by this Subparagraph (1) to the jurisdiction of the probate court. (2) If for any reason the disposition in Subparagraph (1) is not operative or is invalid, or if the trust referred to in Subparagraph (1) fails or has been revoked, then I give the rest, residue and remainder of my estate to the individual or bank which would have been Trustee of such trust had such trust been operative, valid and unrevoked at my death, to be held, administered and distributed under the terms and conditions of ***Q3***, signed earlier this day and bearing the same date as this Will, which trust is incorporated herein by reference. (3) Anything else herein to the contrary notwithstanding, should any portion of such trust be terminable upon my death, the disposition made in this Paragraph SIXTH shall be made directly to the beneficiaries for whom the outright distribution from the trust shall be made, and the remainder which will remain in such trust, if any, shall pass into such trust under the provisions of Paragraph SIXTH (1) or (2), as the case may be. (4) Should the Trustee of that trust described in Paragraph SIXTH (1) and (2) elect not to pay any or all of the estate, gift or inheritance taxes from such trust, then, to the extent they are not so paid, all taxes levied by the United States or any state, district, territory or possession thereof upon or because of any property passing under this Will or any Codicil thereto or by reason of any transfer or gift made by me during my lifetime or at my death, or which may be imposed by reason of my death, or the acquisition of property by any person upon my death by succession, inheritance, survivorship or otherwise, shall be paid out of the residue of my estate as an expense of administration. My Executor is authorized to accept any distributions from the Trustee of that trust described in Paragraph SIXTH (1) or (2) for purpose of such payment. SEVENTH: Omitted Heirs; Will Contests. Except as otherwise specified in this Will, I have intentionally and with full knowledge omitted to provide for my heirs at the time of my death. If any beneficiary under this Will or heir at law of mine or person claiming through any of them shall contest or otherwise challenge the validity of this Will or attack any of its provisions or the trust described in Paragraph SIXTH herein, directly or indirectly, any share or interest in my estate given to such person under this Will is hereby revoked, and such share or interest shall be distributed in the same manner provided herein as if such person had predeceased me. EIGHTH: Partial Invalidity. Should any part, clause, provision or condition of this Will be held to be void, invalid or inoperative, then I direct that such invalidity shall not affect any other provision hereof, which shall be effective as though such invalid provisions had not been made. NINTH: Guardians. In the event any guardianship of a minor child of mine is required, I hereby nominate and direct that ***Q13*** be appointed as guardian of the person and estate of such minor child. If for any reason ***Q13*** is unable or unwilling to act as such, I nominate ***Q14*** as guardian of the person and estate of such minor child. I direct that said guardian shall serve without being required to furnish bonds of any kind. IN WITNESS WHEREOF, I have signed and subscribed my name to this Will this _______ day of _______________, 19___. ______________________________ ***Q1*** The testator declared to us, the undersigned, that this instrument, consisting of four (4) pages, including the page signed by us as witnesses, was the testator's will. The testator then signed this will in our presence, all of us being present at the same time. The testator appears to us to be over eighteen (18) years of age and of sound mind, and we have no knowledge of any facts indicating that this instrument or any part of it was procured by duress, menace, fraud, or undue influence. We understand that this instrument is the testator's will, and we now subscribe our names as witnesses. We declare under penalty of perjury under the laws of the State of ***Q5*** that the foregoing is true and correct. WITNESS:______________________ Residing at ______________________________ ______________________________ WITNESS:______________________ Residing at ______________________________ ______________________________ STATE OF ***Q7*** ) : ss. COUNTY OF ***Q6*** ) On the ______ day of _______________, 19___, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ***Q1***, ________________________ (witness) and ________________________ (witness), known to me (or proved me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. WITNESS my hand and official seal. ______________________________ Notary Public