estate planning, last wills, trusts

Pour-over Last Will and Testament

A pour-over will is a testamentary device that decrees the property in a testator's estate at the time of their death will be distributed to the Trustee of a trust. It serves as a vehicle to pour property into a previously established trust. In layman's terms, a pour-over will is a "catch-all" will that directs everything left from probate back into the trust.

A revocable living trust is the beneficiary of a pour-over will. The pour-over clause is applied at the end of probate when the estate assets "pour" into the trust. For a pour-over will to be valid, the trust instrument must be executed concurrently with or before the pour-over will.