A pour-over will is a legal document used in estate planning that works in conjunction with a trust. It directs that any assets not already transferred to the trust during the individual’s lifetime be transferred to the trust upon their death. The pour-over will “pours” or transfers these assets into the trust, allowing them to be distributed according to the terms of the trust document. Pour-over wills are often used in conjunction with living trusts to ensure that all of an individual’s assets are included in the trust and administered according to their wishes, avoiding the probate process and providing privacy and flexibility in estate distribution.
n. a will of a person who has already executed a trust in which all property is designated to be distributed or managed upon the death of the person whose possessions are in trust, leaving all property to the trust.
A pour-over will is a protection that is intended to guarantee that any assets that were somehow not included in the trust will become assets of the trust upon the party’s death. A pour-over will often provides that if the trust is invalid in whole or in part, the distribution under the will must be made under the same terms as stated in the invalid trust.
A will that “pours over” property into a trust when the will-maker dies. Property left through the will must go through probate before it goes into the trust.
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This glossary post was last updated: 13th April, 2024.
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