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 Maine, a pourover will is a legal document that works in conjunction with a trust, typically a revocable living trust, to manage and distribute a person's assets after death. The pourover will essentially 'pours' any assets that were not already in the trust at the time of the testator's death into the trust. This is done to ensure that all of the decedent's assets are distributed according to the terms of the trust, which can be managed and amended by the grantor during their lifetime. The primary advantage of a pourover will is that it helps to avoid the probate process, which can be time-consuming and costly. Instead, the assets are distributed to the beneficiaries by the trustee, in accordance with the trust's instructions. This can also prevent disputes and litigation that might arise from claims of partial intestacy for any assets not included in the trust. It's important to note that while a pourover will can simplify the estate settlement process, the creation of the will and trust should be done with the guidance of an attorney to ensure compliance with Maine's estate planning laws.