New York Will Instructions

NEW YORK WILL INSTRUCTIONS
All Property to Trust “Pour Over Will”

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.

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LAST WILL AND TESTAMENT OF

BE IT KNOWN THIS DAY THAT,

I, , of County, New York, 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.

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 New York.

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.

I direct that this Will and the construction thereof shall be governed by the Laws of the State of New York.

The above and foregoing Will of (name of testator/testatrix) was declared by in our view and presence to be his/her Will and was signed and subscribed by the said in our view and presence and at his/her request and in the view and presence of and in the view and presence of each other, we, the undersigned, witnessed and attested the due execution of the Will of on this the day of , 20 .

NYCL CHAPTER 17-B § 3-2.1 New York Certification

ATTESTING WITNESSES SHOULD READ CAREFULLY BEFORE SIGNING THIS AFFIDAVIT -- NOTARY SHOULD NOT BE A PARTY OR WITNESS

STATE OF NEW YORK

COUNTY OF

Each of the undersigned, individually and severally being duly sworn, deposes and says:

The within Will was subscribed in our presence and sight at the end thereof by , the within-named Testator/Testatrix, on the day of , 20, at [address].

Said Testator/Testatrix at the time of making such subscription declared the instrument so subscribed to be his/her Last Will and Testament.

Each of the undersigned thereupon signed his or her name as a witness at the end of said Will at the request of said Testator/Testatrix and in his/her presence and sight and in the presence and sight of each other.

Said Testator/Testatrix was, at the time of so executing said Will, over the age of 18 years and, in the respective opinions of the undersigned, of sound mind, memory and understanding and not under any restraint or in any respect incompetent to make a will.

The Testator/Testatrix, in the respective opinions of the undersigned, could read, write and converse in the English language and was suffering from no defect of sight, hearing or speech or from any other physical or mental impairment which would affect his/her capacity to make a valid will. The Will was executed as a single, original instrument and was not executed in counterparts. Each of the undersigned was acquainted with said Testator/Testatrix at said time and makes this affidavit at his/her request. The within Will was shown to the undersigned at the time affidavit was made, and was examined by each of them as to the signature of said Testator/Testatrix and of the undersigned.