What is a Pour Over Will? | EstatePlanningLawFirms.com

A pourover will is a type of last will and testament utilized in conjunction with the use of a trust. The pourover will functions to automatically “pour over” any property and/or assets which were not previously transferred to the trust, into the trust upon the testator’s death.

Beneficiaries in Pour Over Wills

Therefore, there is only one beneficiary to the pour over trust, which is the trust itself. The will applies only to those properties and/or assets which are not already in the trust, are not held in joint tenancy, are not subject to inheritance by a surviving spouse or not in an IRA or a 401K. Frequently, the only assets not funded into the trust prior to the death of the testator are commonly used accounts, such as a checking accounts and other assets, such as automobiles. The pourover will also name guardians for minor children who could survive the testator. The guardian is a person who will stand in the shoes of the natural parents, raise the children and be responsible for the children until the children reach the age of eighteen. The guardian usually works in conjunction with the trustee of the trust, as the children usually benefit from the trust.

Requirements & Legal Help

The pourover will must fulfill all of the statutorily required elements to make a will. Therefore, the particular requirements of the jurisdiction in which the will is drafted must be reviewed prior to execution. An experienced estate planning attorney can assist you in drafting a pourover will, or any other type of estate planning document to achieve your particular wishes and desires.

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