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 Hawaii, 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. The assets that 'pour over' into the trust are then managed and distributed according to the terms set forth in the trust document. Hawaii's probate code recognizes the validity of pourover wills, and as long as the trust and will are properly drafted and executed in accordance with state laws, the assets can be transferred to the trust without going through probate. This helps maintain privacy, reduce potential disputes, and streamline the administration of the decedent's estate. It is important for individuals to work with an attorney to ensure that their estate planning documents, including a pourover will and any trusts, are properly structured to achieve their intended goals.