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What Is the Difference Between a Will and a Trust?

Wills and trusts are key estate planning tools, each serving distinct purposes in asset distribution. They can be used together for comprehensive estate planning.

What Is a Will? A will, or “last will and testament,” instructs how to distribute assets such as bank accounts, real estate, investments, and personal items after death. It can also direct donations, name guardians for minor children and pets, and specify funeral arrangements. The will’s creator, or “testator,” appoints an executor to ensure their wishes are carried out and to manage the legal process of probate, which validates and oversees the will’s execution. Without a will, state law decides asset distribution and guardianship, which can lead to undesirable outcomes. Creating a will is straightforward and inexpensive, yet only about one-third of American adults have one.

What Is a Trust? A trust is a legal arrangement where a third party (the “trustee”) manages assets on behalf of beneficiaries. The trust’s creator, or “grantor,” funds the trust with various assets, which are then owned by the trust. Trusts can serve multiple estate planning objectives, such as avoiding probate, reducing estate taxes, and providing incapacity planning. Trusts offer more flexibility than wills, allowing specific conditions for asset use and distribution.

Will vs. Trust Differences

  • Effect: A will takes effect only after death, while a trust is effective upon creation and can distribute property at any time.

  • Assets: A will covers property solely in the testator’s name at death, not joint or trust-held property. A trust covers only property transferred into it.

  • Beneficiaries: Trusts often have primary and successor beneficiaries, while wills have primary and contingent beneficiaries.

  • Probate: Wills go through probate, a public and potentially lengthy process, whereas trusts bypass probate, saving time and maintaining privacy.

  • Taxes: Wills do not help avoid estate or inheritance taxes, but trusts can mitigate these taxes, especially for larger estates.

  • Cost: Trusts typically cost more to set up than wills, but the overall expense depends on the estate’s complexity.

Do I Need a Will or Trust? Anyone with assets should have a will to ensure their wishes are followed. Trusts are useful for avoiding probate, reducing taxes, or managing jointly owned property. The choice between a will and a trust depends on individual circumstances and goals. Consulting with an estate planning attorney can help determine the best tools for your situation.

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