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How to Protect Pour-Over Will

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A pour-over will is a specific type of will connected to a revocable living trust, explaining its name, "pour over." This will functions similarly to any other will but comes into play when a person has a revocable living trust as part of their estate plan. The primary purpose of a revocable living trust is to avoid probate upon death. For instance, if a couple has this type of trust, upon the death of one spouse, their assets typically transfer to the surviving spouse. When both spouses pass, the assets are distributed according to the trust's terms, often to their children or designated beneficiaries.

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What does probating a will mean?

Probate is the process of the courts formally accepting a will, or, if the deceased did not have a will, appointing someone to act on their behalf. The process is designed to verify that the testator has passed away, that that person was the author of the will, and that its a valid will.

What is the difference between a pour-over will and a will?

The difference between a simple will and a pour-over will is that a simple will is meant to handle your entire estate, such as by leaving it to your spouse or your kids. A pour-over will exists only to move assets into the trust and works in conjunction with either a revocable living trust or an irrevocable trust.

How do I avoid estate administration tax in Ontario?

A great way to keep your real estate free from probate taxes is to hold your property jointly. If the owner passes away, having joint ownership, in some cases, allows your property to be passed automatically to the propertys surviving joint owner without having to go through the probate process.

What are the two types of wills?

The four main types of wills are simple, testamentary trust, joint, and living. Other types of wills include holographic wills, which are handwritten, and oral wills, also called nuncupativethough they may not be valid in your state. Your circumstances determine which is best for you.

What triggers probate in Ontario Canada?

In Ontario, Canada, you must probate a will if the deceased person owned property in the province at the time of their death. This includes real estate, personal property, and financial assets such as bank accounts and investments.

What do you put in a pour-over will?

You should include language in your Pour Over Will that clearly states: any assets or property that are not in the Trust at the time of death, and that do not have a named beneficiary, should be transferred to the Trust after you pass.

Why is it called a pour-over will?

Under the terms of a pour-over will, all property that passes through the will at your death is transferred to (poured into) your trust. Then its distributed to the trust beneficiaries you named while you were alive.

Can you settle an estate without probate in Ontario?

Probate is not always required in order to administer an estate. The type of assets in the estate usually determine whether an estate should be probated. If the deceased owned real property or assets held by a financial institution, the estate normally must be probated.

Do you have to probate a pour-over will in Texas?

A pour-over will only goes through probate if you have failed to attach all your assets to your living trust. The probate process with a pour-over will is much shorter than probate with a traditional will.

What assets are not subject to probate in Ontario?

Assets that are not subject to probate in Ontario include: Assets that were held jointly (there are exceptions) CPP death benefit. RPPs, RRSPs, RRIFs, and TFSAs with a beneficiary designation or beneficiary declaration. RDSPs to which the deceased subscribed to but was not a beneficiary.

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