What is a pour-over will?

Prepare for the Delaware Wills and Trusts Test. Utilize flashcards and multiple-choice queries, with each question offering hints and clarifications to help you excel in your exam!

A pour-over will is designed to work in conjunction with a trust and specifically directs that any remaining assets not already placed in the trust during the individual's lifetime are to be transferred into the existing trust upon the individual's death. This type of will acts as a safety net, ensuring that any assets that were inadvertently left out of the trust will still be funneled into it, thereby allowing the trust to manage and distribute those assets according to the trust's terms.

This mechanism not only simplifies the estate administration process but also maintains continuity in asset management as dictated by the trust’s established provisions. By focusing on directing the assets to the trust, this type of will enhances the overall efficiency of the estate plan.

The other options do not accurately reflect the characteristics of a pour-over will. For example, while a pour-over will does indeed involve directing assets into a trust, it specifically focuses on existing trusts rather than creating new ones or allowing for direct access to funds by a trustee before death. Additionally, a pour-over will can include trusts as it is inherently designed to supplement the trust structure in place.

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