pour over will

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pour over will

n. a will of a person who has already executed a trust in which all property is designated to be distributed or managed upon the death of the person whose possessions are in trust, leaving all property to the 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 party's death. 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. (See: will, trust)

References in periodicals archive ?
These statutes are versions of the Uniform Testamentary Additions to Trusts Act and provide that a trust can be amended after a pour-over will is executed.
Some jurisdictions require the trust document to be filled in probate court when there is a pour-over will (a will that transfers all property to the trust at death).
For example, if the trust is not located in the same state where probate of the pour-over will is required, the probate proceedings may be complicated.
It is imperative the trust instrument be executed before the pour-over will.
An anticontest provision in a pour-over will may be combined with a revocable trust to reinforce the privacy and incontestability afforded by the trust.