Married person's "pour-over" will--Residue to living trust

Will of __________ [name of testator]

I, __________ [name of testator], __________ [if known by other names, add: also known as
__________ (name) and __________ (name)], of __________ [testator address], County of
__________ [testator county], State of California, declare this to be my last will.

Clause One

I revoke all previous wills and codicils.

Clause Two

I declare that I am married and that my __________ [husband's or wife's] name is __________.
All references in this will to my __________ [husband or wife] are to __________ [him or her].
I have __________ [number of testator children] children whose names and birthdates are as

__________ born __________,_____
__________ born __________,_____
__________ born __________,_____
[Repeat as necessary.]

References in this will to "my children" include the children listed above and any children that
may hereafter be born to or adopted by me.

Clause Three

I confirm to my spouse my spouse's one-half community property interest in all community assets
passing under or outside of this will. I intend that this will dispose of all property subject to my
testamentary power.

Clause Four

I give to my __________ [husband or wife], if __________ [spouse he or she] survives me
__________ [if desired, add: for __________ (number) days], any interest I may have in the
residence in which we may be living at the time of my death, subject to any mortgage or other
encumbrance and all unpaid real estate taxes and special assessments which are a lien at the date
of my death. If my __________ [husband or wife] does not so survive me, this gift shall lapse
and my residence shall become a part of the residue of my estate.

Clause Five

I give to my __________ [husband or wife], if __________ [spouse he or she] survives me
__________ [if desired, add: for __________ (number) days], any interest I may have in
__________ [insert items desired, such as: household furniture, all furnishings and fixtures,
jewelry, china, silverware, books, pictures, clothing, and all other items of domestic, household,
personal use, or adornment, and all automobiles, boats, and other motor vehicles]. If my
__________ [husband or wife] does not so survive me, then I give the property described in this
Clause to my children in equal shares.

Clause Six

All the residue of my estate, I give to __________ [name of trustee; if corporate trustee add: a
corporation, or any successor or assign of the corporation, whether by way of consolidation,
merger, transfer, or otherwise], as trustee under that certain trust agreement, dated __________
[trust agreement date] wherein I am the settlor and __________ [name of trustee] is the trustee. I
direct that such residue shall be added to and commingled with the trust property of such living
trust and shall be held, managed, administered, and distributed under the terms and provisions of
such trust agreement and any amendments thereto made prior to or after my death, it being my
intention not to create a separate or testamentary trust nor to subject such living trust to the
jurisdiction of any probate court.

Clause Seven

I appoint as executor hereof __________ [name of executor] __________ [if desired, add: to
serve without bond] __________ [if corporate executor, add: a corporation, or any successor or
assign of such corporation, whether by way of consolidation, merger, transfer, or otherwise]. I
authorize my executor to sell, lease, or mortgage the whole or any part of my estate at either
public or private sale, with or without notice, but subject to such confirmation as may be
provided by law.

Clause Eight

If my __________ [husband or wife] predeceases me, I appoint __________ [name of guardian]
as guardian of the persons of my minor children, to serve without bond.
I sign my name to this will this __________ [execution date, such as: First] day of __________
[execution month, such as: January], _____ [execution year, such as 1994], at __________
[execution location], County of __________ [execution location county], State of California, in
the presence of __________ [name of witness], __________ [name of witness], and
__________ [name of witness], attesting witnesses, who subscribe their names hereto at my
request and in my presence.
[Signature of testator]


On the date last above written, __________ [name of testator], known to us to be the person
whose signature appears at the end of this will, declared to us, the undersigned, that the
foregoing instrument, consisting of __________ [number of pages in will] pages, including the
page on which we have signed as witnesses, was __________ [testator his or her] will.
__________ [Testator He or She] then signed the will in our presence, and at __________
[testator his or her] request, in __________ [testator his or her] presence, and in the presence of
each other, we now subscribe our names as witnesses.
We declare under penalty of perjury that the foregoing is true and correct.
__________, residing at __________
__________, residing at __________
__________, residing at __________

Tax Notes:
(See Tax Notes following § 42:171)
Practice Notes:
(See also Practice Notes following § 42:171)
Clause Six
ūRecommendation: The testator may desire to "pour-over" to more than one inter vivos trust. If
this is the case, the pour-over provision should be modified to set out each of the trusts to which
the pour-over is to be made, and the percentage to be poured over to each trust.
ūReminder: The will must be witnessed by being signed by at least two persons, each of whom,
being present at the same time, witnessed either the signing of the will or the testator's
acknowledgment of the signature or of the will, and each of whom understand that the instrument
they sign is the testator's will. Prob C § 6110(c).
ūNote: For discussion of requirements for the execution of a will and discussion of attestation
requirements, see Wills (Ch 41).
Practice Aids:
Annotations: "Attestation" or "witnessing" of will, required by statute, as including witnesses'
subscription, 45 ALR2d 1365.
--Failure of attesting witness to write or state place of residence as affecting will, 55 ALR2d
--Effect of failure of attesting witness to observe testator's capacity, 69 ALR2d 662.
§ 42:173 Unmarried person's will with testamentary trust for children