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Definition Of A Pour Over Will. A will that places property into a trust when the maker of the will dies. A pour over will often provides that if the trust is invalid in whole or in part the distribution under the will must be made under the same terms as stated in the invalid trust.

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When people make revocable living trusts to avoid probate its common for them to also make whats called a pour-over will. Such device was always void at English common law because it was not deemed a binding trust in that the testator can change the disposition of the trust at any time. A pour-over will form is an essential estate planning document when youve created a living trust.

A will that provides for a transfer of assets as the residue of the estate to a trust as an inter vivos trust upon the death of the testator reciprocal will.

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Legal definition for POUR-OVER WILL. A pour-over will is a testamentary device wherein the writer of a will creates a trust and decrees in the will that the property in his or her estate at the time of his or her death shall be distributed to the Trustee of the trust. Aug 01 2020 A pour-over will is a special type of last will and testament used in conjunction with a trust-based estate plan. A pour over will often provides that if the trust is invalid in whole or in part the distribution under the will must be made under the same terms as stated in the invalid trust. A pour over will is a protection which is intended to guarantee that any assets which somehow were not included in the trust become assets of the trust upon the partys death. The property is then distributed to the beneficiaries you have named in your trust. The will directs that if any property passes through the will at the persons death it should be transferred to poured into the trust and then distributed to the beneficiaries of the trust.

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