A pour over provision is typically included in which document?

A pour over provision is typically included in which document?

• A. Will
• B. Trust
• C. Insurance policy
• D. Power of attorney

Answer: (A)

Pour-over provisions link asset distribution to a trust, directing assets that aren’t already in the trust to flow into it at death so the trust terms govern their final disposition. This mechanism is most commonly included in a will, creating a testamentary trust that is funded by the assets passing under the will. Insurance policies and powers of attorney are focused on other purposes—policies designate beneficiaries for payout, and powers of attorney handle decision-making during life—so they don’t typically carry pour-over language. A living or revocable trust is already the vehicle managing assets during life and after death, so a pour-over clause isn’t the usual feature there. So, the document that commonly contains a pour-over provision is a will.

Pour-over provisions link asset distribution to a trust, directing assets that aren’t already in the trust to flow into it at death so the trust terms govern their final disposition. This mechanism is most commonly included in a will, creating a testamentary trust that is funded by the assets passing under the will. Insurance policies and powers of attorney are focused on other purposes—policies designate beneficiaries for payout, and powers of attorney handle decision-making during life—so they don’t typically carry pour-over language. A living or revocable trust is already the vehicle managing assets during life and after death, so a pour-over clause isn’t the usual feature there. So, the document that commonly contains a pour-over provision is a will.