What is a pour-over will?

A pour-over will is a legal document that serves as a backup plan for ensuring that all of a person’s assets are distributed to the people they intended, even if the asset wasn’t listed in the will. It is often used in combination with a living trust, which is a document that outlines how a person wishes for their estate to be managed and distributed after they die. The way pour-over wills work is that after a person dies, their estate is looked at and any assets not listed in the will or trust are “poured” into the trust, wherein those assets are given to the people and organizations as outlined in the trust. This ensures that all of a person’s assets are distributed as intended. In Virginia, pour-over wills are governed by state law and must meet the requirements of the Virginia Code. This includes certain language that must be included in the will and trust, as well as the requirement that both documents are signed and dated. Additionally, it is wise to have two witnesses present to the process of signing the documents. Creating a pour-over will and other estate documents is an important part of elder law and it is important to make sure these documents are created with the help of a professional. This will ensure that all legal requirements are met in order to ensure that a person’s wishes are followed upon their death.

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What is a pour-over will?

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