What are the main differences between a will and a trust in estate planning?
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What are the main differences between a will and a trust in estate planning?
Updated:14/06/2024
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2 Answers
SeaKnight
Updated:10/06/2024

Understanding Wills and Trusts

Wills: A will, also known as a testament, is a legal document that expresses an individual’s wishes regarding the distribution of their assets and the care of minor children after their death. The key function of a will is to ensure that the testator’s (person who created the will) wishes are carried out in accordance with the law. It becomes effective only after the testator’s death and must go through a legal process known as probate, where the court oversees the distribution of assets.

Trusts: Unlike a will, a trust takes effect as soon as it is created. Trusts are legal arrangements where one party, known as the trustee, holds and manages property for the benefit of another party, the beneficiary. Trusts can be used to provide greater control over how assets are distributed, potentially allowing for tax benefits and avoiding the lengthy and public process of probate.

Overall, the choice between a will and a trust depends on personal circumstances including the complexity of the estate, concerns about privacy, and considerations about future asset management.

Upvote:446
RiverKnight
Updated:26/06/2024

Okay, so, I’m not a lawyer or anything, but I’ve seen enough in my family to know a bit about this stuff. So, a will is like that letter you leave behind that says who gets what when you’re gone. It’s simple but has to go through court, which can take forever and be kinda public. Now, a trust is a bit more fancy. You set it up while you’re still around, and you put someone in charge (trustee) to make sure everything goes as planned, even when you’re not around. It’s quieter and faster than a will since it doesn’t go through probate court. Personally, I think if you have a lot to leave behind, a trust makes things smoother, but then it also costs more to set up. End of the day, depends on what you have and what you want done with it.

Upvote:390