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Estate Planning Basics · 8 min read

Will or living trust? A plain-language comparison

Both are tools to transfer what you own. Understanding the differences helps you have a more productive meeting with your attorney.

A will is a written set of instructions that takes effect at death and generally passes through probate — the court-supervised process of settling an estate. A revocable living trust holds assets during your lifetime and can allow them to pass privately, often without probate.

When a will may be enough

  • Your estate is modest and uncomplicated.
  • You need to name a guardian for minor children (a will is where this is typically done).
  • Most assets already pass by beneficiary designation.

When a trust may be worth discussing

  • You own real estate in more than one state or country.
  • You want privacy or to reduce probate delays.
  • You wish to provide for a loved one with special needs or stage an inheritance over time.

A note on beneficiary designations

Life insurance, retirement accounts and many bank accounts pass to the person named on the beneficiary form — regardless of what your will says. Review these every few years and after major life events.

Laws vary by state and country. Use this as preparation for a conversation with a licensed attorney, not a substitute for one.

This article is for educational purposes and is not legal, tax or financial advice. Please consult a licensed professional in your jurisdiction.