Pour Over Will

A pour over will  is a will of a person made in conjunction with
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 safety measure designed to
protect any assets which somehow were not included in the trust and make
them 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.

To prevent the creation of an intestate estate, a pour-over will is
created to save any property which had been left out of the trust at the
time of trustor’s death. By the terms of the pour-over will, the property
that it catches is distributed to the existing trust. A pour over will
is a necessary addition to a trust, in order to protect the property which
was not held by the Trust, not held in joint tenancy, or subject to other
contractual arrangements at the time of the rustor’s death.

Category: Trusts, Wills