Living Trusts vs. Wills: What’s Right for Your Estate Plan?
When it comes to estate planning, one of the most common questions is: should I have a Will, a Living Trust, or both? While each tool helps ensure your assets go where you intend, they work in very different ways.
What Is a Will?
A Last Will and Testament is a legal document that outlines your wishes for:
Asset distribution – who gets what after you pass
Personal Representative appointment – the person you choose to manage your estate
Guardianship – naming guardians for minor children
Key points about Wills:
They must go through probate, the court-supervised process of validating the Will and distributing property.
They take effect only after death.
They’re generally simpler and less expensive to create than a Living Trust.
What Is a Living Trust?
A Living Trust is a legal arrangement in which you (the “grantor” or “trustor”) place assets into a trust during your lifetime. You typically act as your own trustee, maintaining control over the assets, and name a successor trustee to manage them after you’re gone—or if you’re incapacitated.
Key points about Living Trusts:
Assets in the trust generally avoid probate, allowing faster and more private distribution.
They can take effect during your lifetime if you become incapacitated, avoiding the need for a court-appointed guardian.
They require more upfront effort and cost to set up and properly fund.
When to Consider a Will
A Will may be the right choice if:
Your estate is relatively simple.
You want to name guardians for minor children.
You’re comfortable with the probate process.
When to Consider a Living Trust
A Living Trust may be a good fit if:
You want to avoid probate for privacy and efficiency.
You own property in multiple states, or multiple properties locally.
You want a plan for managing your assets if you become incapacitated.
You want to set aside funds or other assets for certain purposes, like helping a family member with housing.
Sometimes, Both Are Best
Many clients opt to have both—a Living Trust for major assets and a “Pour-Over Will” to capture any property not already in the trust. This combination ensures nothing is left out and your wishes are clear.
Final Thought
Choosing between a Will, a Living Trust, or both depends on your goals, family situation, and the complexity of your assets. The right choice can save your loved ones time, money, and stress—and ensure your plan reflects your wishes.
