Section 1.61 “Pourover” Provisions

• Library: Trusts and Powers 2013 Supp

B. (§1.61) “Pourover” Provisions

A will may provide that the testator’s estate or some portion of it is to go to the trustee of an already existing inter vivos trust to be held under the terms and provisions of that trust.

This provision is known as a “pourover” provision and is valid. Section 456.021, RSMo Supp. 2005; see St. Louis Union Trust Co. v. Blue, 353 S.W.2d 770 (Mo. 1962). Under § 456.021, the pourover trust may also be a funded or unfunded life insurance trust, and the trust may be established...