Will vs Trust

A detailed comparison to help you choose the right option.

Last Will and Testament

A legal document that specifies how your assets should be distributed and who should care for your dependents after your death.

Advantages

  • Simple and inexpensive to create
  • Can name guardians for children
  • Well understood by most people
  • Can be easily updated

Disadvantages

  • Must go through probate
  • Becomes public record
  • No protection during incapacity
  • Doesn't avoid estate taxes

Trust

A legal entity that holds and manages assets according to your instructions, providing benefits during life and after death.

Advantages

  • Avoids probate
  • Maintains privacy
  • Provides incapacity protection
  • Can reduce estate taxes

Disadvantages

  • More expensive to create
  • Requires ongoing management
  • Must transfer assets to trust
  • More complex than wills

Key Differences

  • 1Probate: Wills go through probate; trusts avoid it
  • 2Privacy: Wills become public; trusts remain private
  • 3Timing: Wills only work after death; trusts work during life and after death
  • 4Cost: Wills are cheaper initially; trusts cost more upfront but may save money long-term

Which Should You Choose?

Use a will as the foundation of any estate plan — you need one to name guardians and handle assets not in a trust. Add a trust if you want to avoid probate, maintain privacy, have a large estate, own property in multiple states, or need ongoing asset management for beneficiaries.

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