A pour-over will is used to “pour over” all the assets subject to your will into your living trust after your death. The pour-over clause instructs that assets not already in the trust at the time of your death be added into the trust by the executor of your estate and disposed of by the trustee as directed in your trust agreement.

The goal of a properly drafted Estate Plan with a revocable trust is to put as many assets that you can into that trust while you are still alive. However, sometimes people forget to put an asset into the Trust or acquire assets afte the Trust is drafted but die before they have a chance to put it into Trust.

Assets added to a trust after your death as directed by a pour-over will do not avoid probate. However, the combination of a pour-over will and a trust still affords increased privacy, since the most detailed information about the disposition of your estate usually resides in the trust agreement, and could provide an opportunity for tax planning.