When might a court declare a will as "pour-over"?

A will is considered "pour-over" when it includes provisions that transfer assets to a trust that was established by the testator during their lifetime. This legal mechanism allows for the seamless transfer of assets from the will to the trust upon the testator’s death. The purpose of a pour-over will is to ensure that any assets not explicitly placed into the trust during the testator's life are still ultimately distributed according to the trust's terms, which can simplify the estate administration process and help maintain privacy regarding the distribution of assets.

This type of will typically accompanies a revocable living trust, where assets are managed during the life of the testator, and upon their death, any remaining assets automatically "pour over" into the trust, allowing for consistent management and distribution according to the trust's directives.

Other scenarios such as the will being invalid, beneficiaries being minors, or a lack of specific asset distribution do not pertain to the concept of a pour-over will. Invalidating a will does not create a pour-over situation; minors as beneficiaries may require a conservatorship or guardianship but do not influence the pour-over nature of the will; and a will lacking asset distribution cannot execute a pour-over because there are no assets to transfer to the trust