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Sample Pour-over Will

© by Newland & Associates

Last Will and Testament of WILLIAM W. WHITEWATER

I, WILLIAM W. WHITEWATER, of Manassas, Prince William County, Virginia, being of sound mind declare this to be my Last Will and Testament, hereby revoking all prior Wills and codicils made by me.

I. Co-personal Representatives

I nominate and appoint my son, JOHN W. WHITEWATER, and daughter, MARY L. WHITEWATER, Co-Personal Representatives of my Last Will and Testament. In the event of the death, resignation, refusal, removal, incapacity, or inability of either of them to serve as a Co-Personal Representative, then the other one shall serve as the sole Personal Representative.

The term "Personal Representative" as used hereafter means one or more persons or institutions serving as a Personal Representative or Co-Personal Representatives or any successor thereto. I hereby further direct that my Personal Representative or any Successor be permitted to act without giving a bond.

II. Payment of Last Debts

I direct my Personal Representative to first pay any valid debts still owing at my death, plus last illness, funeral, burial, and administrative expenses. I further direct my Personal Representative to pay from the residue of my estate all inheritance, estate or similar duties or taxes occasioned by my death, whether or not the property or interest giving rise to such taxes or duties shall have passed under this, my Last Will and Testament.

III. Personal Representative's Powers

I give to my Personal Representative the following powers:

(a) Full power and authority to do any and all things necessary for the complete administration of my estate, by public or private transaction, and without court order or approval; to keep intact in its original form, or sell, convey and convert into cash the whole or any part of my estate, real and personal;

(b) To exchange, improve, repair, pledge, mortgage, lease for any term whatsoever, and otherwisedispose of and deal with any part, or all, of my estate;

(c) To borrow money with or without security;

(d) To carry on, as long as and in such manner as appropriate, any business enterprise in which I owned any interest and to collect the income, rents, and profits therefrom;

(e) To settle and handle any and all claims, either in favor of or against my estate;

(f) To distribute cash or assets, whether income or principal, from my estate, as appropriate, in advance of the final distribution;

(g) For all of the above purposes to execute and deliver all necessary and proper documents; and

(h) In addition to the above, my Personal Representative shall have any powers and authority granted by the laws of the State of Virginia.

My Personal Representative shall not be accountable or responsible to any person interested in my estate for the manner in which reasonable discretionary authority is exercised.

IV. Simultaneous Death

If my Wife, JANET E. WHITEWATER, and I die under such circumstances that the order of death cannot be determined, then for the purposes of this Will, my Wife shall be presumed to have survived me.

V. Tangible Personal Property

I hereby give and bequeath to my Wife, JANET E. WHITEWATER, if she survives me, all of my tangible personal property. Such personal property may include, but is not limited to, household effects and goods, furniture, automobiles, works of art, books, clothing and all other personal effects of like nature.

If my wife, JANET E. WHITEWATER, shall not survive me, I give and bequeath my tangible personal property to my surviving children. This property shall be divided among them by my Personal Representative as equally as possible, having due regard for their personal preference, and if no child of mine survives me, then all these items shall become part of the residue of my estate. In dividing the property among my surviving children, if there are any written instructions left by me or my spouse, I request that such instructions, which may be attached to this Last Will and Testament, be referred to as guidance.

VI. Residue of Estate

I give, devise and bequeath all of the remainder of my estate, real and personal, which I own at my death, or which I have the power to dispose of at my death, to that person or any corporation that at the time of my death is serving as Trustee under an instrument of trust executed by me entitled the WILLIAM W. WHITEWATER REVOCABLE LIVING TRUST Dated January 4, 1999. This gift, devise and bequest is to be added to the property held in that Trust in accordance with its terms as now written or as hereafter amended.

If, for any reason, that Trust is not in force at the time of my death, or if this gift, devise and bequest to the then Trustee of that Trust is held invalid, then I direct that this gift, devise and bequest shall be held and managed in the manner described in the instrument of Trust now in existence by the same Trustee, and for that purpose I hereby incorporate that instrument of Trust, as it now stands, by reference into this, my Last Will and Testament.

IN WITNESS WHEREOF, I have signed this Will on January 4, 1999.

_______________________________________
WILLIAM W. WHITEWATER, TESTATOR

Signed by WILLIAM W. WHITEWATER, Testator, as his Last Will and Testament, consisting of three pages, in the presence of us, who, in his presence, at his request, and in the presence of each other, have signed as witnesses.

[Witness signatures omitted]

["Self-Proving Page" ]

STATE OF VIRGINIA
COUNTY OF PRINCE WILLIAM

We, Joe Witness, Betty Witness, and WILLIAM W. WHITEWATER, the witnesses and the Testator, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his last Will, that he signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed; and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witnesses; and, that to the best of their knowledge, the Testator was at that time eighteen or more years of age, of sound mind, and under no constraint or undue influence.

WILLIAM W. WHITEWATER, Testator

[Witness signatures omitted]


Subscribed, sworn to and acknowledged before me by WILLIAM W. WHITEWATER, the Testator, and subscribed and sworn to before me by Joe Witness and Betty Witness, witnesses, on January 4, 1999 in Manassas, Virginia.

[Notarization and signature omitted]

This sample will is provided solely for purpose of illustrating the topics discussed in the accompanying "Plain English Explanation of Revocable Trusts and Pour-over Wills." It is not designed or intended for use as a drafting form or model document for the preparation of an actual will or trust. Any such use, without the assistance of a practicing attorney, is expressly prohibited.

Published by the law firm of Newland & Associates, P.L.C. For a full range of business law and tax-related services, call us at (703) 330-0000. You may also e-mail us at , or visit our web site at http://www.tax-business.com.

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While designed to be accurate, this publication is not intended to constitute the rendering of legal, accounting, or other professional services or to serve as a substitute for such services.

Redistribution or other commercial use of the material contained in this article is expressly prohibited without the written permission of Newland & Associates, PLC.

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