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Legal Last Will and Testament Form with All Property to Trust called a Pour Over Will - Delaware 2025

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The document outlines the instructions and template for a 'Pour Over Will' in Delaware, intended for individuals establishing a Living Trust. It emphasizes the importance of having a will alongside a living trust to ensure that any assets not transferred to the trust at the time of death are directed to it. The document includes sections on property conveyance, debt payment, guardianship of minor children, appointment of personal representatives, and various legal provisions. It also contains disclaimers regarding legal advice and completeness.

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Click ‘Get Form’ to open it in the editor.
Begin by filling in your name and county of residence at the top of the form. This personalizes the document and establishes your identity as the testator.
In Article One, specify the date you created your Living Trust and its name. This section conveys all remaining assets to your trust upon your death.
Proceed to Article Two, where you will outline how debts and expenses should be handled after your passing. Ensure clarity on who is responsible for these payments.
If applicable, complete Article Three regarding guardianship for any minor children. Clearly state who you wish to appoint as their guardian.
In Article Four, appoint a Personal Representative for your estate. Include a successor in case the primary cannot fulfill this role.
Review Articles Five through Seven for additional provisions regarding bond waivers, powers of representatives, and construction intentions.
Finally, sign the document in front of witnesses as required by Delaware law, ensuring all signatures are properly recorded.

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What are the disadvantages of a pour-over will?

The testator appoints a personal representative (also known as an Executor) to distribute the assets as directed by the will. A pour-over will is a much simpler document whose purpose is to transfer any assets owned by the testator at the time of their death into the living trust.

What is the difference between a last will and a pour-over will?

Unlike a traditional last will and testament, a pour-over will is not a stand-alone document, and thats because it needs something to pour into. Pour-over wills are designed to work in conjunction with living trusts, also known as inter vivos trusts, as an added safety measure.

Do you need a pour-over will if you have a trust?

Even if you use a trust as your primary estate planning tool for distributing your assets after you die, you should also consider having a pour-over will. With a pour-over will, any assets not included in your trust are automatically transferred to your trust after you pass away.

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