A pourover will is a will that transfers all the property of the deceased person—known as the testator or decedent—to an existing trust at the testator’s death. The trust is created during the testator’s lifetime and in the trust context the testator is known as the grantor, settlor, or trustor—the person who creates the trust and funds the trust at death with assets “poured over” from the grantor’s will.

For most smaller estates the trust is a revocable living trust that allows the grantor to control the assets and change the trust during the grantor’s lifetime.

A pourover will is designed to avoid the probate process, with the estate assets being distributed to the trust beneficiaries by the trustee of the trust under the terms of the trust provided by the grantor. A pourover will also ensures that any assets the testator failed to add to a trust (accidentally or purposely) are transferred to the trust for distribution—avoiding claims of partial intestacy (no will with respect to the omitted assets), disputes, litigation, and the court-supervised probate or administration process.

In Rhode Island, a pourover will is a legal document that works in conjunction with a trust—typically a revocable living trust—established by an individual during their lifetime. The purpose of a pourover will is to ensure that any assets not already placed in the trust by the time of the individual's death are transferred into the trust upon death. This mechanism is designed to simplify the distribution of the estate and to avoid the probate process, which can be time-consuming and costly. By having a pourover will, the grantor ensures that all assets, including those not previously transferred into the trust, are eventually managed and distributed according to the terms set forth in the trust. This helps to prevent disputes and potential litigation that could arise from claims of partial intestacy for any assets left out of the trust. It is important for individuals in Rhode Island considering a pourover will to consult with an attorney to ensure that the estate plan is properly structured and that all legal requirements are met.