Pour-over Will

A pour-over will is a legal document that typically works in conjunction with a revocable or irrevocable trust. It is designed to transfer, or “pour over,” an individual’s remaining assets into an existing trust upon their death. A pour-over will serves as a safety net to ensure that any assets not already held in the trust will be distributed to the trust at death to be administered according to the terms of the trust. 

How a pour-over will works

Usually, a pour-over will designates the grantor’s own revocable trust as the primary beneficiary of the will. This ensures that, upon the grantor’s death, any assets that pass through the pour-over will are automatically transferred into the trust and distributed accordingly. The pour-over will is intended to capture any assets that were omitted from the trust, either by accident or on purpose. 

While a pour-over will must still go through probate, it ensures that an individual’s remaining assets do not become subject to the laws of intestate succession and potentially be distributed in a way that doesn’t align with the individual’s wishes.