A Canadian Pour-Over Will is a specialized testamentary document designed to work in conjunction with an inter vivos (living) trust. Its primary function is to direct any assets that were not transferred into the trust during the testator’s lifetime to ‘pour over’ into the trust upon the testator’s death. This ensures that all of the deceased’s assets are ultimately distributed according to the trust’s terms, even if the testator forgot or failed to retitle certain property into the trust’s name.

In Canada, wills are governed by provincial and territorial legislation. In Ontario, the Succession Law Reform Act (R.S.O. 1990, c. S.26) establishes the requirements for valid wills, including the testamentary capacity of the testator, the formalities of execution (s. 4), and the rules governing revocation and alteration. British Columbia’s Wills, Estates and Succession Act (S.B.C. 2009, c. 13, Part 4) similarly governs wills and provides substantial compliance provisions (s. 58) that may validate a will even if strict formalities were not followed. Alberta’s Wills and Succession Act (S.A. 2010, c. W-12.2) provides comparable requirements.

A critical distinction is that assets passing through a pour-over will must still go through probate (called ‘estate administration’ or ‘certificate of appointment of estate trustee’ in Ontario). The pour-over will functions as a safety net rather than a probate-avoidance tool. Its purpose is to catch any assets that were not properly transferred to the trust during the testator’s lifetime — a bank account opened after the trust was created, an inheritance received shortly before death, or personal property that was never formally transferred. Once these assets pass through probate, they fund into the trust and are distributed according to the trust’s provisions.

Anyone who has established an inter vivos (living) trust in Canada needs a pour-over will as a companion document. No matter how diligent you are about funding your trust, there is always a possibility that some assets will remain outside it at the time of death. A pour-over will captures those assets and directs them into the trust.

When you open a new bank account, purchase a vehicle, or receive an unexpected inheritance, these assets may not be automatically titled in your trust’s name. Without a pour-over will, they would pass under your province’s intestacy rules — potentially going to heirs you did not intend to benefit. In Ontario, intestacy distribution is governed by Part II of the Succession Law Reform Act. In British Columbia, Part 3 of WESA governs intestate succession. In Alberta, the Wills and Succession Act Part 3 applies.

Parents with minor children especially need a pour-over will because a trust cannot designate a guardian for minors in Canada. Only a will can make this designation, and courts give significant weight to the testator’s expressed wishes. The pour-over will handles this critical function while directing financial assets into the trust for managed distribution.

Business owners who hold interests in entities not yet assigned to their trusts, individuals who recently moved between provinces and have not yet updated asset titles, and people who accumulate personal property without formal transfers all face the risk of leaving assets outside their trust. A pour-over will eliminates the uncertainty of intestate distribution for these overlooked assets.

The testator identification section must include the testator’s full legal name, address, and a declaration of testamentary capacity — confirming they are of legal age (18 in most provinces, 19 in some), of sound mind, and acting without undue influence. A revocation clause should expressly revoke all prior wills and codicils.

The pour-over clause is the document’s central provision. It must clearly identify the receiving trust by its full name, the date it was established, and the name of the trustee. The language should direct that all residuary estate assets be transferred to the trustee to be administered according to the trust’s terms, including any amendments made during the testator’s lifetime.

An executor (called ‘estate trustee’ in Ontario) appointment names the person responsible for shepherding the probated assets through the court process and into the trust. Naming an alternate executor is essential. Under provincial trustee legislation, executors are generally entitled to reasonable compensation.

Guardian designation for minor children is legally effective only in a will, not in a trust. Both a primary and alternate guardian should be named. The will should indicate whether the guardian also manages the children’s finances or whether that role falls to the trustee.

Witness and execution requirements follow provincial legislation. Most provinces require two witnesses who are at least 18 years old and who are not beneficiaries under the will. Ontario’s Succession Law Reform Act (s. 4), British Columbia’s WESA (s. 37), and Alberta’s Wills and Succession Act (s. 15) all require two witnesses. The governing province should be specified, as probate fees and succession rules differ among provinces.