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How do trusts differ from wills?

On Behalf of | Apr 3, 2025 | Estate Planning and Probate

When it comes to planning for the future, a will and a trust are two of the most common tools used. However, they serve different purposes and come with distinct advantages. Understanding how they differ can help you choose the best option for your estate planning needs.

What is a will?

A will is a legal document that outlines your wishes for how your assets should be distributed after your death. It can specify who will receive your property, who will care for your minor children, and who will manage your estate. A will only takes effect after you pass away and is typically required to go through probate, which is the court process that validates the will and distributes assets.

What is a trust?

A trust, on the other hand, is a legal arrangement where a third party, known as the trustee, holds and manages assets on behalf of a beneficiary. Unlike a will, a trust can take effect while you are still alive. There are different types of trusts, such as living trusts and irrevocable trusts, which offer various benefits, such as avoiding probate and providing more control over how assets are distributed.

Key differences between a trust and a will

The main difference between a will and a trust lies in when and how they take effect. A will only takes effect after death, while a trust can start functioning immediately. Trusts can also help you avoid probate, while wills require the probate process. Additionally, trusts can provide more flexibility in managing assets, especially if you’re concerned about long-term care or disability.

When it comes to estate planning, the choice between a will and a trust often depends on your individual goals and circumstances. Understanding these differences helps you make informed decisions for your future.

Protecting your legacy

Both wills and trusts can be valuable components of your estate plan, depending on your needs. By exploring your options and considering your goals, you can create a plan that offers the protection and control you desire.