Article Title

The Pour-over Trust


One of the most important features of the inter vivos trust is its function as the receptacle of a pour-over provision in a will. The pour-over device is utilized when a disposition by a will provides, often in the residuary clause, for the devise or bequest of additional property to a previously created inter vivos trust This avoids the necessity of repeating in the will all the terms of the trust, and the estate conveyed to the trust is not thereafter involved in probate proceedings. The grantor of an amendable inter vivos trust can thus create and remodel an estate plan without relinquishing any control over the assets during his lifetime. Accompanying the benefits, however, are a myriad of legal problems. Over the past twenty years the pour-over provision has become the subject of troubled controversy and conflicting judicial opinion.