Pour Over Will by jurisdiction:
- That the testator has capacity
- That the will is in writing
- That the will is signed by the testator
- That the signing is witnessed
A pour-over will also typically provides that if the trust is partially or wholly invalid, assets should be distributed under the terms of the invalid trust. If the pour-over clause fails, the assets are distributed according to intestacy. It is important to consult an experienced attorney in the field of estate planning to effectively draft a pour-over will.
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