This guide covers the Pour Over Will, a document included with the Trust-Based Estate Plan.
If you have a Will-Based Estate Plan instead, see Understanding and Creating a Will with a Will-Based Estate Plan.
Quick Summary
- A Pour Over Will is a backup document that works alongside your Living Trust — it "pours over" any assets not already in your Trust at your death, so nothing is left out.
- You need one even if you've funded your Trust, since it covers new assets you acquire later or forget to transfer.
- It's created automatically from your questionnaire answers when you purchase your Estate Plan.
- You can't edit the final document directly — you edit the underlying questionnaire section instead.
- Sign your Trust first, then your Pour Over Will — the same day is fine, as long as the order is correct.
What Is a Pour Over Will?
A Pour Over Will is an essential component of estate planning, designed to work alongside a Living Trust to outline your final wishes for your possessions, dependents, and arrangements. It ensures that any assets not already in your Trust are transferred into it upon your death — a safety net for anything left out of your Trust during your lifetime, whether by oversight, inability, or choice.
A Pour Over Will names your Living Trust as the beneficiary of any and all assets. It is not the same as a Last Will & Testament, which is the primary document in our Will-Based Estate Plan — a Pour Over Will is meant to work with a Trust, not on its own.
Do I Need a Pour Over Will?
Yes, even if all your assets are already in your Trust, a Pour Over Will still helps to protect you against future acquisitions or overlooked assets. Here's how it applies at each stage:
- At the time of Trust creation: When your Trust documents are signed and notarized, your Trust isn't yet "funded" — no assets are technically in it yet. Everything you own (except assets like life insurance or retirement accounts that can have their own designated beneficiaries) is covered by your Pour Over Will at this point.
- After funding your Trust: As you transfer assets into your Trust, they're no longer covered by the Pour Over Will — coverage gradually shifts to the Trust itself. Ideally, nothing remains under the Pour Over Will once all intended assets are transferred.
- When acquiring new assets: Anything you acquire after your Trust is set up (like a new home) is initially covered by your Pour Over Will, until you formally transfer it into your Trust.
How Do I Create My Pour Over Will?
When you purchase an Estate Plan, your Pour Over Will is automatically created from the information you provide in the questionnaire.
How Do I Access My Pour Over Will Document?
You can view, download, or print your Pour Over Will from your account:
- Click Documents from the left-hand menu.
- Select the Documents tab at the top.
- Scroll down to find the document titled "Pour Over Will".
How Do I Edit My Pour Over Will Document?
You can't directly modify the final Pour Over Will in the Documents tab, but you can edit the questionnaire sections it's built from:
- Click Documents from the left-hand menu.
- Select the Summary tab at the top.
- Click Edit next to the section you'd like to update.
Your changes will automatically be reflected in your Pour Over Will.
How Do I Sign My Pour Over Will?
Your documents must be signed in the correct order, since your Pour Over Will references and works together with your Trust:
- Sign your Trust first. Your Trust must be signed before your Pour Over Will, because the Will directs certain assets to be transferred ("poured over") into the Trust.
- Sign your Pour Over Will second. Once your Trust is signed, you can sign your Pour Over Will so it properly references the Trust.
- Both can be signed in the same session. Signing them the same day is fine, as long as the Trust is signed first.
Following this order keeps your documents legally consistent and ensures any assets covered by the Pour Over Will can be properly transferred into your Trust.