Wills & Estates

Pour-Over Will

A will that sends everything not already in the client's revocable trust to its trustee.

What you get

  • An editable Word document, drafted from your answers and the state's official text.
  • A proof of sources: every citation in the draft with the words it quotes, the official source, the date the text was saved and its fingerprint.
  • Notes for counsel listing each point marked [VERIFY], each blank and each choice left for the client.

What the intake asks

Plain questions, in the order an attorney would take the facts. Anything left blank stays a marked blank in the draft; nothing is invented to fill it.

The person and the family

  • Testator's full legal name
  • City or county where the testator lives
  • Marital status
  • Spouse's or partner's full name
  • Does the testator have children, stepchildren or adopted children
  • Children
  • Anyone being deliberately left out

The trust

  • Exact name of the trust
  • Date of the trust instrument
  • Trustee named to receive the estate
  • Amendments and restatements
  • If the trust does not exist at death
  • Personal and household items
  • Recipients of personal items

Who is in charge

  • Executor (personal representative)
  • Alternate executor
  • Where does the executor live
  • Waive the executor's bond
  • Guardian of the person of minor children
  • Alternate guardian

Signing and final wishes

  • Give the executor authority over digital assets and online accounts
  • Include a no-contest clause
  • Include a self-proving affidavit
  • Funeral or remains instructions
  • Other instructions or open decisions

Where it is offered

Every state Lawsmith has official sources for:

Official sources on file

The drafter works from the texts Lawsmith has saved for this document in the state you choose, plus federal law where it applies. Each is read from the official publisher and dated.

StateSources for this document
California47
Connecticut39
Delaware49
District of Columbia27
Florida41
Maryland42
Massachusetts38
New Jersey41
New York36
Ohio38
Pennsylvania48
Texas48
Virginia37

Among them, for New Jersey:

  • N.J.S.A. 3B:3-1 Individuals competent to make a will and appoint a testamentary guardian.
  • N.J.S.A. 3B:3-2 Execution; witnessed wills; writings intended as wills.
  • N.J.S.A. 3B:3-3 Writings intended as wills.
  • N.J.S.A. 3B:3-4 Making will self-proved at time of execution.
  • N.J.S.A. 3B:3-5 Making will self-proved subsequent to time of execution.

How the draft is checked

Before it writes, the drafter must quote the official text behind each citation. Lawsmith compares every quotation with the text on file, character for character; a citation with no checked quotation reaches you marked [VERIFY]. The draft still needs your review before it is signed, filed or sent. How citations are checked

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