Pour-Over Will vs. Traditional Will in Illinois

 Posted on April 08, 2025 in Estate Planning

Even though almost three-quarters of Americans say that having an estate plan that includes a will or a trust and a living will is important, less than half (46 percent) actually have an estate plan in place. Slightly less than that (45 percent) have a living will, which dictates how an individual’s medical decisions will be handled in the event of incapacitation.

As you might expect, those older than 65 are most likely to have a will, with about 76 percent having some level of estate plan. Only about 20 percent of those under 30 have an estate plan. Planning for the future can be overwhelming, but with the guidance of an experienced Lisle, IL estate planning attorney, you can experience real peace of mind.  

What Should Your Estate Plan Include?

Your estate plan will depend on your age, situation, and the level of assets you own, as well as whether you have a spouse and/or children. Although this is a popular misconception, virtually everyone can benefit from an estate plan, not just the wealthy.

Perhaps you can get by with only a will, or your situation might benefit more from having some type of trust. If you have minor children, no matter what other estate planning documents you have, you also need a will to designate a guardian for your children in the event something should happen to both of their parents.

A living will is important for virtually everyone, no matter their age, because the unexpected can and does happen more often than we would wish. If you have significant financial assets that would require them to be handled in the event of your incapacitation, a financial power of attorney could be necessary.  

Traditional Will vs. Pour-Over Will

A traditional will essentially sets out who will get your assets once you are gone. You can name heirs in your will, as well as name an executor who will handle your estate. Your will also tells the courts who you want to care for your minor children in the event of your death. Traditional wills have certain requirements that vary from state to state and must go through probate after the will-maker’s death. Probate is a court-monitored process that involves paying all debts, filing taxes, and distributing assets to the heirs.  

A pour-over will is used in conjunction with a living trust. The goal of a pour-over will is to channel any assets you failed to place in your trust during your lifetime into the trust after your death. A pour-over will is essentially a "safety net" for anything that was not included in your trust and covers property you receive after your trust has been implemented or for assets you may have forgotten about, including an old pension or an inheritance.

The pour-over will allows those assets to flow into your trust so they remain under the same instructions as the remainder of your assets. A pour-over will could still face probate, even though trusts do not have to go through probate. Probate for a pour-over will generally goes much more quickly than probate for a traditional will. A pour-over will is much shorter and has only one function – to ensure that any items that were not placed in the trust will now be "poured" into the trust and treated like other trust assets.

While a traditional will can be a standalone document in an estate plan, a pour-over will must have a trust used in conjunction. A traditional will becomes a public document during probate, but a trust is a private document. The pour-over will is also largely private because the instructions for dividing assets are inside the trust.   

Contact a DuPage County, IL Estate Planning Lawyer

If you are considering having an estate plan prepared, consider speaking to a Wheaton, IL estate planning attorney from The McCormick Law Firm, LLC. Attorney McCormick will go out of his way to ensure you feel comfortable during the process and that your estate plan accurately reflects you and your situation. We offer discounts for military, veterans, and first responders. To schedule your free consultation, call 630-517-8570.