What is a pour-over will?

A pour-over will is a type of will used in South Carolina trust and estate law. It is a document that ensures that any property you own at the time of your death is transferred to your trust. This type of will provides a backup mechanism to make sure all of your assets are ultimately transferred to your trust, rather than going through the probate process. A pour-over will does not replace a trust agreement, but it does supplement it. Essentially, the pour-over will “pours” the assets from your estate into your trust. This is helpful if you inadvertently fail to transfer an asset to the trust during your lifetime. The process of transferring assets through a pour-over will can help ease the burden on your family and beneficiaries that would have been involved with the probate process. Pour-over wills must meet certain requirements to be valid. The will must be signed and witnessed, and must specify which trust the assets will be poured into. Additionally, the will must provide for the payment of all taxes, debts, and other obligations from the estate before the assets are placed into the trust. Pour-over wills can be a useful estate planning tool, as they provide flexibility to ensure that all of your assets are eventually transferred to your trust. If you have a trust, it is important to consider creating a pour-over will to ensure that all of your assets are ultimately transferred to your trust.

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What is a pour-over will?

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