Section 3.42 Form of Pourover Will to Use With Joint Revocable Inter Vivos Trust

• Library: Estate Planning 2013 Forms

Last Will and Testament

of

John Doe

I, John Doe, presently a resident of ______________ County, Missouri, make, publish, and declare this to be my Last Will and Testament, and I hereby revoke all my prior Wills and Codicils.

Article I

Incorporation by Reference

Before the execution of this Will, my wife, Jane Doe, and I, both as Settlors and as Trustees, have executed a Revocable Trust Agreement dated ________________, 20___. It is my intention that the Revocable Trust Agreement, as amended at any time before my death, be the primary document governing disposition of my estate. Accordingly, unless otherwise specifically stated, all references in this Will to, or incorporation by reference of, the “Trust Agreement” shall mean the Revocable Trust Agreement as it exists at the time of my death.

Article II

Expenses, Claims, and Taxes

My Personal Representative is authorized to pay from my residuary estate:

· all expenses incurred in the administration of my estate;

· all claims against my estate, including the expenses of my last illness, funeral, and burial, that are timely presented to and approved by my Personal Representative or are allowed as proper claims by a court of competent jurisdiction; and

· all transfer taxes directly attributable to property includible in my gross estate for federal transfer tax law purposes, subject, however, to the following provisions:

Section 1

In the Trust Agreement, I have provided that my Personal Representative may direct payment of any part of or all expenses, claims, and taxes from the trust estate. By granting my Personal Representative authority to also pay the same from my residuary estate, it is my intention that my Personal Representative have the authority to pay expenses, claims, and taxes from my residuary estate, from the trust estate, or from both in such proportions and amounts as my Personal Representative shall determine. All such determinations by my Personal Representative shall be absolute and binding on all persons.

Section 2

My Personal Representative shall make such elections and allocations under the applicable tax laws as my Personal Representative deems advisable, without regard to the relative interests of the legatees, devisees, and beneficiaries and without liability to any person. No adjustment shall be made between principal and income or in the relative interests of the legatees, devisees, and beneficiaries to compensate for the effect of any such elections or allocations.

Section 3

All determinations by my Personal Representative regarding payment of expenses, claims, and taxes and all elections and allocations by my...