This form is for person(s) who are establishing or have established a Living Trust.
Although living trusts are a useful tool in assisting one in estate planning, it should be
noted that the necessity of a will has not been totally dispensed with merely by the
creation of a living trust. One should also have, in addition to a living trust, a “pour over”
will, or a will that provides that any assets not transferred to the living trust at the time of
the grantor’s death are to be transferred to the trust at the time of the grantor’s death.
This is necessary because inevitably there are always some assets which have not
been transferred to the trust at one’s death, and this method assures that they too will
be controlled by the trust in a method that the grantor chooses, rather than distributed
according the various state laws regarding intestacy.
This will is designed to be completed on your computer. To do so, use your mouse and
click on each field which will be highlighted in gray. This will replace the gray with the
words you type.
If you do not see the gray shaded area in Word, go to View, Toolbars and check Forms.
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to their legal efect and completeness. Please use at your own risk. If you have a
serious legal problem we suggest that you consult an attorney. U.S. Legal Forms,
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are not a substitute for the advice of an attorney.
For additional information, see the Law Summary and Information and Preview links in
the search results for this form. A Definitions section is also linked on the Information
and Preview page. WISCONSIN WILL INSTRUCTIONS
All Property to Trust “Pour Over Will”
U.S. Legal Forms, Inc.
http://www.uslegalforms.com
LAST WILL AND TESTAMENT OF
______________________
BE IT KNOWN THIS DAY THAT,
I, ______________________ , of ______________________ County, Wisconsin, being
of legal age and of sound and disposing mind and memory, and not acting under duress,
menace, fraud, or undue influence of any person, do make, declare and publish this to be my
Will and hereby revoke any Will or Codicil I may have made.
ARTICLE ONE
Conveyance to Trust
Be it known that while living I transferred, assigned, conveyed and delivered all rights,
title and interest in and to certain property owned by me to my Living Trust created the ____ day
of ______________________ , 20 ____ and known as THE ______________________
REVOCABLE TRUST, hereinafter referred to as “Trust”. After the payment of estate expenses
and debts, all remaining rights, title and interest in any and all property owned by me at the time
of my death, whether real or personal, wherever situated, which has not been so transferred to
the Trust, is hereby willed, devised, bequeathed, given, transferred, assigned, conveyed and
delivered to said Trust to be administered in accordance with the terms of the Trust.
ARTICLE TWO
Debts and Expenses
The payment of all my just debts, funeral expenses, costs and expenses of last illness
and administrative expenses shall be paid by my Personal Representative, or if funds are not
available then by the trustee of the Trust.
ARTICLE THREE
Guardian of Minor Children
Complete as applicable:
I have no children.
My Children are all adults.
I have minor child(ren). If any of my child(ren) are minors under the age of 21 years
of age on the date of my death, then I direct that ________________________ shall be
appointed as Guardian of those minor children.
ARTICLE FOUR
Appointment of Personal Representative, Executor or Executrix
I hereby appoint ______________________ , as Personal Representative of this Will. In
the event my Personal Representative shall predecease me, or, for any reason, shall fail to
qualify or cease to act as my Personal Representative, then I hereby appoint
________________________ to serve as successor Personal Representative of this Will.
Signature: ___________________________ - 1 -
The term “Personal Representative”, as used in this Will, shall be deemed to mean and include
“Personal Representative”, “Executor” or “Executrix”.
ARTICLE FIVE
Waiver of Bond, Inventory, Accounting, Reporting and Approval
My Personal Representative and successor Personal Representative shall serve without
any bond, and I hereby waive the necessity of preparing or filing any inventory, accounting,
appraisal, reporting, approvals or final appraisement of my estate.
ARTICLE SIX
Powers of Personal Representative, Executor and Executrix
I direct that my Personal Representative shall cooperate with and follow any instructions
and directions as provided by the Trustee of my Trust, in order that all provisions of my Trust be
given full effect. Nothing contained herein shall be construed or interpreted to diminish any
power and authority granted to my Trustee, and all provisions contained herein shall be
interpreted to insure that all provisions of said Trust be carried out as directed.
I direct that my Personal Representative shall have broad discretion in the administration
of my Estate, without the necessity of Court approval. I grant unto my Personal Representative,
all powers that are allowed to be exercised by Personal Representatives by the laws of the
State of Wisconsin.
ARTICLE SEVEN
Construction Intentions and Misc. Provisions
It is my intent that this Will be interpreted according to the following provisions:
1. The masculine gender shall be deemed to include the feminine as well as the
neuter, and vice versa, as to each of them; the singular shall be deemed to include the plural,
and vice versa.
2. The term “testator” as used herein is deemed to include me as Testator or
Testatrix.
3. This Will is not a result of a contract between myself and any beneficiary,
fiduciary or third party and I may revoke this Will at any time.
4. If any part of this Will shall be declared invalid, illegal, or inoperative for any
reason, it is my expressed intent that the remaining parts shall be effective and fully operative
and it is my intent that any Court so interpreting same construct this Will and any provision in
favor of survival.
Signature: ___________________________ - 2 -
I direct that this Will and the construction thereof shall be governed by the Laws of the
State of Wisconsin.
I, ________________________ , having signed this Will in the presence of
________________________ and ________________________ who attested it at my request
on this the _______ day of ________________________ , 20 _____ at
_______________________________________________ (address), declare this to be my
Last Will and Testament.
_____________________________
Testator/Testatrix
Print Name: ________________________
The above and foregoing Will of ________________________ (name of testator/testatrix) was
declared by ________________________ (name of testator/testatrix) in our view and presence
to be his/her Will and was signed and subscribed by the said ________________________
(name of testator/testatrix) in our view and presence and at his/her request and in the view and
presence of ________________________ (name of testator/testatrix) and in the view and
presence of each other, we, the undersigned, witnessed and attested the due execution of the
Will of ________________________ (name of testator/testatrix)on this the _______ day of
________________________ , 20 ____ .
Witness Signature Witness Signature
Print Name: Print Name:
Address: Address:
City, State, Zip: City, State, Zip:
Phone: Phone:
- 3 -
Wisconsin Self Proving Affidavit
I, _____________________________________ , the Testator/Testatrix, sign my name to this
above and foregoing instrument this _____ day of __________ , 20 _____ , and being first duly
sworn, declare to the undersigned authority all of the following:
1. I execute this instrument as my Will.
2. I sign this will willingly.
3. I execute this will as my free and voluntary act for the purposes expressed therein.
4. I am 18 years of age or older, of sound mind, and under no constraint or undue
influence.
_________________________________
Testator/Testatrix
Typed Name: ________________________________
We, ________________________________ and ________________________________ , the
witnesses, being first duly sworn sign our names to this instrument, and do hereby declare to
the undersigned authority all of the following:
1. The testator/testatrix signs and executes this instrument as his or her will.
2. The testator/testatrix signs it willingly.
3. Each of us, in the conscious presence of the testator/testatrix signs this will as witness.
4. To the best of our knowledge the testator/testatrix is 18 years of age or older, of sound
mind, and under no constraint or undue influence.
________________________________
Witness
________________________________
Witness
State of Wisconsin
County of _____________________
Subscribed, sworn to and acknowledged before me by ________________________________ ,
the testator/testatrix and subscribed and sworn to before me by
________________________________ and ________________________________ ,
witnesses, this _____ day of __________ , 20 _____ .
________________________________
NOTARY PUBLIC
My Commission Expires:
________________________________
WS 853.04 Wisconsin Self Proving Affidavit
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