| name | pour-over-will |
| title | Pour-Over Will |
| description | Drafts a pour-over will directing the testator's residuary estate into an existing revocable living trust. Covers fiduciary appointments, guardianship, debt/tax payment, specific bequests, the central pour-over clause, and execution formalities with self-proving affidavit. Use when drafting pour-over wills, testamentary trust transfers, estate planning safety nets, or residuary estate instruments. Trigger keywords: pour-over will, residuary estate, revocable trust, testamentary transfer, UTATA, personal representative, guardian nomination, self-proving affidavit. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/pour-over-will |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | trusts-and-estates |
| language | en |
| tags | ["agreement","drafting","transactional"] |
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.
| Item | Details |
|---|
| Testator | Full legal name (as on ID), city/state of domicile |
| Trust | Exact legal name, date of trust agreement, settlor/grantor name |
| Personal Representative | Full name, relationship; successor(s) if primary unable/unwilling |
| Guardian of Person | Full name, address, relationship (minor children only) |
| Guardian of Estate | Same or separate from guardian of person; note reasoning if split |
| Specific bequests | Property descriptions, beneficiary names (if any) |
| Governing law | State of domicile: execution requirements, witness count, self-proving affidavit statute, pour-over statute |
Output Structure
Article I — Declaration
| Element | Requirement |
|---|
| Testamentary intent | Explicit "Last Will and Testament" declaration |
| Revocation | Revoke all prior wills and codicils |
| Domicile | City and state of residence |
| Capacity | Sound mind, legal age, voluntary, no undue influence |
Article II — Fiduciary Appointments
| Role | Include |
|---|
| Personal Representative | Full name, relationship; successor(s) |
| Guardian of Person | Full name, address, relationship (minor children only) |
| Guardian of Estate | Same or separate individual; state reasoning if split |
| Powers | Broad administration without court supervision (if state permits) |
| Bond | Waiver provision for all nominated fiduciaries |
Article III — Debts and Expenses
- Legally enforceable debts
