What is a Pour-Over Will?

Even the most carefully prepared trust doesn’t automatically include every asset you acquire over a lifetime. A pour-over will is a legal document that acts as a safety net, transferring any assets not already in your trust into it when you pass away.

Think of it as a final step in your estate plan: instead of leaving stray assets to be handled separately, the pour-over will “pours” them into your trust. This ensures your estate plan remains consistent, private, and complete, without requiring constant updates to the trust itself.

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Why You Need a Pour-Over Will

Without a pour-over will, assets outside your trust could go through probate or be distributed in ways that don’t reflect your wishes. Having one ensures that every asset, whether acquired yesterday or decades ago, is governed by your trust.

A pour-over will provides:

Completeness

All assets are covered, even those not yet transferred to your trust.

Clarity

Your estate plan follows one consistent set of instructions.

Protection

Your legacy remains private and aligned with your intentions.

Peace of mind

You can rest assured that nothing important will be overlooked.

A pour-over will isn’t just a legal form; it’s a safeguard that helps your estate plan function exactly as you intended, giving both you and your family confidence and security.

A Complete Legacy Secured

“Hall Law Group have been just a breeze to work with. They are all genuinely nice people who are all great at what they do. They had our trust issue handled and it was so painless and hassle free. I highly recommend them for Trust and Probate help.”

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Common Questions About Pour-Over Wills

How is a pour-over will different from a trust?

A pour-over will acts as a safety net, ensuring any assets not already in your trust are transferred into it when you pass away. Unlike a trust, which actively holds and manages assets during your lifetime, a pour-over will only take effect after your death to capture and direct assets into your trust.

Can a pour-over will be contested?

Yes, like any will, a pour-over will can be challenged in court. However, when properly drafted by experienced estate planning attorneys at Hall Law Group, a pour-over will is designed to clearly reflect your wishes and minimize the risk of disputes.

Does a pour-over will avoid probate?

A pour-over will itself does not avoid probate. Any assets it directs into your trust typically must go through probate first. Once transferred, however, the trust manages those assets according to your instructions, providing continuity, privacy, and protection for your beneficiaries.

Can I change or update my pour-over will?

Yes. You can modify or update your pour-over will at any time while you are mentally competent. This allows you to accommodate new assets, changes in your family situation, or updates to your estate plan.

What happens if I don’t have a pour-over will and acquire new assets?

Without a pour-over will, any assets not included in your trust may not be distributed according to your wishes. They could end up going through probate or being distributed under state law, potentially creating delays, additional costs, or disputes among your heirs.

What is a Pour-Over Will?