What is a pour-over will?

A pour-over will is a document used in estate planning and Pennsylvania trusts and estates law. It is a type of will that is used in conjunction with a trust. This type of will states that any property owned by a person upon their death should be “poured over” into the trust. This form of will ensures that any of the deceased person’s assets not already held in the trust are distributed according to the terms of the trust. The pour-over will is typically structured to comprise two parts. First, the will nominates an executor to administer the estate. The executor then gathers all the remaining assets of the deceased and distributes them into the trust (“pouring”). Any property remaining outside of the trust will then be distributed according to the instructions in the will and the trust. A pour-over will is different from a traditional will, which usually transfers property directly to the beneficiaries listed in the will. Without the pour-over will, the assets outside of the trust could be distributed in accordance with Pennsylvania’s intestacy laws instead of the deceased’s wishes. Pour-over wills are very useful in Pennsylvania trusts and estates law, as they provide flexibility and ensure that the deceased’s assets are distributed according to their wishes. In addition, they can be used to reduce taxes and other costs associated with probate.

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