Glossary · Trusts and Deeds
Pour-Over Will
A will that catches any leftover assets and sends them into your living trust at death.
A pour-over will is the companion document to a revocable living trust. It names your trust as the beneficiary, so anything you did not transfer into the trust during life pours over into it when you die.
It is a safety net, not a substitute for funding the trust. Assets that pass through the pour-over will still go through probate first before reaching the trust, so the goal is to keep that leftover pile as small as possible.
A complete trust-based plan almost always pairs the trust with a pour-over will, along with powers of attorney and health care documents.
In Florida
In Florida a pour-over will also does the basic jobs any will should: it names guardians for minor children and a personal representative. It has to meet Florida’s signing and witnessing requirements to be valid, the same as any other will.
Common questions
Do I still need a will if I have a living trust?
Yes. A pour-over will catches assets left out of the trust and names guardians for minor children, which a trust cannot do.
Paul Kogan
Fort Lauderdale Litigation Attorney, The Kogan Firm, P.A.
- 17+ years
- Florida Bar
- Martindale Peer Rated
Estate Planning and Probate
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This page is general information about Pour-Over Will under Florida law and does not constitute legal advice. Every family and estate is different.