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What Is a Pour-Over Will?

 will is a written, legal document that details the wishes and desires of a person when he or she dies. Many types of will exist depending upon what is needed by the writer of the will, referred to as the testator. One type of will is usually found attached to a trust of some kind. The purpose of such a will is to provide for a resolution to any assets that may not have been included in the trust. Such a will is referred to as a pour-over will.

The general idea of a pour-over will is to allow a person, the testator, to have any assets he or she may not have included in the trust to be “poured over” into the trust. Thus, the remaining assets come under the terms and stipulations of the trust. A pour-over will is created during the lifetime of the testator and must be validated by an affidavit or notary in order to be considered as a will to be followed.

It is the most common case that some people die before they can account for all their assets, and place said assets into a trust or will for disbursement. Thus, a pour-over will takes care of all other assets. It is possible that a person may not wish to place all his or her assets in a trust during his or her lifetime, and so he or she will make use of a pour-over will in order to ensure that the assets are disbursed once he or she dies.

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