Last Updated October 16, 2023
Pour-Over Will
What is a Pour-Over Will?
A Pour-Over Will is a special type of Last Will and Testament that is used in conjunction with a Living Trust as part of a trust-based estate plan.
When the trustor or grantor (the person who created the Living Trust and the Pour-Over Will) passes away, the Pour-Over Will moves any remaining property into the existing Living Trust.
How do you use a Pour-Over Will in a Living Trust?
Since the main purpose of a Pour-Over Will is to transfer (pour over) any remaining property into the Living Trust when you pass away, it acts as a supplementary document to the Living Trust.
Essentially, a Pour-Over Will is a back-up method to ensure that any missed property is transferred into your Living Trust.
In addition, the Pour-Over Will allows you to:
- Name an executor to carry out your wishes as indicated in your Pour-Over Will
- Appoint a guardian for any minor or dependent children
- Specify any gifts (like furniture or jewelry) and who will receive them (such as an individual, charity, or other organization)
- Add any additional clauses or instructions
What is the difference between a Last Will and a Pour-Over Will?
A Pour-Over Will is simpler than a Last Will and Testament. In a Living Trust, you've already indicated how your property will be distributed, so those decisions are not included in a Pour-Over Will. Instead, and unlike a Will, when you pass away a Pour-Over Will transfers any remaining property into your Living Trust. Your property is then distributed according to the wishes expressed in your Living Trust.
You must have a Living Trust before you can create a Pour-Over Will, but you do not need to have a Living Trust to create a Last Will and Testament.
What is the difference between a Pour-Over Will and a testamentary trust?
The basic difference between a Pour-Over Will and a testamentary trust is that the testamentary trust is created by instructions in the trustor's Will and only comes into effect after the trustor passes away. A Pour-Over Will is created while the trustor is alive and transfers any missed property directly into an existing Living Trust without creating an entirely new trust.
For example, non-testamentary trusts, like a Revocable Living Trust, take effect as soon as the trustor signs the document and has it notarized. In contrast, testamentary trusts are often used when a trustor wants to leave assets to a beneficiary, like a minor child, but only wants the beneficiary to receive the property once they reach a certain age.