pour over will
A will directing any assets not already in a trust to pour into the trust at death.
Example
“The pour over will captured the forgotten brokerage account and directed it into the living trust.”
Memory Tip
POUR OVER — catches anything missed by the trust. The safety net of estate planning.
Why It Matters
A pour over will ensures that any assets you accumulate during your lifetime that were not previously transferred to your trust will still be distributed according to your trust terms rather than through probate. This is important because it provides a safety net to catch assets you may have forgotten to retitle or acquired after setting up your trust, helping your estate avoid the time and expense of probate court.
Common Misconception
Many people mistakenly believe that having a trust means they do not need a will at all. However, a pour over will is actually an essential companion document because it directs any assets left outside the trust at death into the trust, and it also allows you to name a guardian for minor children and an executor to manage the probate process for those uncaught assets.
In Practice
Suppose you create a living trust and transfer your home worth 500,000 dollars and investment accounts worth 300,000 dollars into it, but you forget to retitle your car or you receive an inheritance of 100,000 dollars shortly before your death. Your pour over will would catch the car and the inheritance, directing them into your trust upon your death rather than having them go through probate separately, keeping your entire estate plan coordinated and unified.
Etymology
Modern estate planning term — assets flow into the trust like liquid poured over.
Common Misspellings
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