When Do You Need a Pour-Over Will?
Oct 15, 2024
A pour-over will is a type of will that is often used in conjunction with a living trust. It is designed to "pour over" any assets that were not transferred to the trust during the grantor's lifetime into the trust upon their death.
A pour-over will is typically used in the following situations:
- If a person acquires new assets or fails to transfer certain assets into their living trust before their death, those assets can be covered by the pour-over will and directed to be transferred into the trust. This helps ensure that all assets are ultimately distributed according to the terms of the trust.
- If a minor child or a contingent beneficiary is named in a person's estate plan, a pour-over will direct that any assets passing through the will should be transferred to the trust for the benefit of the minor or contingent beneficiary. This can provide a level of control and protection over the assets until the minor reaches a certain age or the contingencies are resolved.
- Having a pour-over will provide convenience and simplicity in the estate planning process. It acts as a safety net to catch any assets that were inadvertently left out of the trust or any assets acquired shortly before death, ensuring they are ultimately distributed according to the trust's instructions.
- It's important to note that the assets passing through a pour-over will still be subject to probate, as the will itself needs to go through the probate process. However, the pour-over will help ensure that these assets are eventually transferred to the trust and distributed according to its terms.
Consulting with an estate planning attorney or professional can help determine whether a pour-over will is appropriate for your specific circumstances and estate planning goals.






