What is a Pour-over Will?

A “pour-over” Will is a Last Will and Testament designed to transfer a Testator’s assets into an existing living trust. It is used to insure that the Testator’s probate assets are transferred or “poured-over” to the trust for distribution in accordance with the terms of the trust. Of course, if all of the Testator’s assets are already in trust, there is no need for the Will to be probated. In this sense, a pour-over Will is similar to a spare tire in an automobile. It is available if needed. If it is not needed, it is not used.