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Do I need a Will with my Trust?

A Pour Over Will is a will that is paired with a Revocable Trust (often referred to as a “living trust”). The Revocable Trust contains most, if not all, of the provisions about how and to whom assets are distributed. The Pour-Over Will serves a much more limited purpose and is often a much shorter document. The Pour-Over Will usually directs a decedent's assets that are in the estate to the decedent's Trust, and it is the Trust that pools together all of the assets before distribution to the intended beneficiaries. The Pour Over Will is created automatically when you draft a revocable trust on the platform. It is generated within the PDF of the trust. You will be able to see this once the document is fully drafted.

The Last Will & Testament workflow is a standalone document and is not a pour-over will form. Instead, you are creating a will-based estate plan: this will dispose of your assets directly to your intended beneficiaries, but will go through the process of probate.

Anne Rhodes, our Chief Legal Officer, breaks down the differences between a Trust and a Will here. Watch Video, and deep dives into this topic as well in the Practical Planner Podcast that she co-hosts here: Trusts vs. Wills

  • Additionally, here is an article explaining the difference between a Trust and a Will from our Resources Center: Trust v. Will Explained

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