Will vs. Trust: What’s the Difference and Which Do You Need?

Introduction: Trusted Guidance from ExperityCPA

At ExperityCPA, we believe financial clarity should be accessible to everyone. Our team brings together over a decade of experience in accounting, tax strategy, and financial consulting. Whether you are planning your retirement, minimizing estate taxes, or securing your family's financial future, we help you design strategies that align with your values and long-term goals. Our estate planning services are tailored to give you peace of mind, empowering you to make informed decisions that protect your legacy.

One of the most common questions we hear from clients is whether they need a will, a trust, or both. This blog dives deep into the differences between a will and a trust, how each functions, and how to decide which option fits best with your estate planning goals.

What Is a Will?

A will is a legal document that outlines your wishes for distributing your assets after death. It can also appoint guardians for minor children, name an executor to carry out your instructions, and even detail final arrangements such as burial or cremation.

Key Features of a Will:

  • Takes effect only after death
  • Must go through probate court
  • Public record during probate
  • Names guardians for minors
  • Can be revised anytime during your lifetime

Pros of a Will:

  • Simpler and less expensive to set up initially
  • Useful for designating guardianship
  • Allows for clear distribution of property

Cons of a Will:

  • Must pass through probate, which can be time-consuming and costly
  • Becomes public, which can invite disputes or challenges
  • Limited in scope for handling complex assets or privacy needs

What Is a Trust?

A trust is a legal entity that holds property or assets for the benefit of a third party, managed by a trustee. Unlike a will, a trust can take effect while you are still alive and continue after death, allowing for more control and flexibility over how and when assets are distributed.

Key Types of Trusts:

  • Revocable Living Trust: Can be changed or revoked during your lifetime
  • Irrevocable Trust: Cannot be altered once created, often used to reduce estate taxes
  • Testamentary Trust: Created through a will and only takes effect after death
  • Special Needs Trust: Designed to provide for a dependent with disabilities without affecting their eligibility for government benefits

Pros of a Trust:

  • Avoids probate, saving time and money
  • Offers greater privacy
  • Can be used to manage assets during your lifetime and after death
  • Useful for complex estates or blended families
  • Potential to reduce or eliminate estate taxes
  • Allows for long-term control over asset distribution

Cons of a Trust:

  • More expensive and complex to set up
  • Requires ongoing maintenance and funding
  • May not be necessary for simple estates

Major Differences Between Will and Trust

While both wills and trusts serve essential roles in estate planning, they differ in significant ways. A will takes effect only after death and must go through the probate process, which can be time-consuming, expensive, and public. In contrast, a trust becomes effective as soon as it is created and funded, and it typically avoids probate, allowing for faster and more private distribution of assets. Wills are generally simpler and less expensive to set up initially, but they provide limited control over how and when assets are distributed. Trusts, on the other hand, offer more flexibility, allowing you to manage and distribute assets during your lifetime and after death. This makes trusts especially useful for complex estates or situations involving minor children, blended families, or special needs beneficiaries. Additionally, certain types of trusts, like irrevocable trusts, can be used to minimize or even eliminate estate taxes, while wills do not offer the same level of tax planning benefits. Ultimately, the choice between a will and a trust comes down to your individual goals, financial situation, and the level of control and privacy you desire.

Which One Do You Need?

Deciding between a will and a trust depends on your unique situation, financial complexity, and personal preferences.

You May Need a Will If:

  • Your estate is simple
  • You want to name guardians for your children
  • You are not concerned with privacy
  • You are not worried about estate taxes

You May Need a Trust If:

  • You want to avoid probate and maintain privacy
  • You have a large or complex estate
  • You want to manage how and when your beneficiaries receive their inheritance
  • You want to minimize estate taxes
  • You own property in multiple states
  • You have loved ones with special needs

Most People Benefit from Both

In many cases, a well-rounded estate plan includes both a will and a trust. A pour-over will can serve as a backup to your trust, ensuring that any assets not already placed into the trust at the time of your death are automatically transferred into it.

Estate Planning and Tax Considerations

One of the critical roles of both a will and a trust is to reduce the tax burden on your estate and heirs. Federal estate taxes can be significant for high-net-worth individuals, and certain states impose their own estate or inheritance taxes.

How Trusts Help with Estate Taxes:

  • Irrevocable trusts remove assets from your taxable estate
  • Trusts can be structured to take advantage of federal exemption limits
  • Charitable trusts can reduce tax liability while supporting philanthropic goals

An experienced estate planning service like ExperityCPA can help analyze your financial picture to determine which legal instruments will offer the greatest tax savings and asset protection.

Why Professional Guidance Matters

Wills and trusts are powerful tools, but they are only effective if structured correctly. Many DIY estate planning templates fail to account for complex family dynamics, changing tax laws, or future changes in asset value. Poorly drafted documents can lead to legal battles, delays, and unintended outcomes.

Working with professionals who understand both estate planning and tax strategy ensures your documents are legally sound, tax-efficient, and aligned with your wishes. At ExperityCPA, we bring together attorneys, CPAs, and advisors to craft a holistic plan that grows with you.

How ExperityCPA Can Help

When you choose ExperityCPA, you’re not just getting a will or trust. You’re getting a comprehensive estate planning service that:

  • Reduces exposure to estate taxes
  • Aligns your estate plan with retirement, investment, and tax strategies
  • Protects your family and legacy
  • Provides peace of mind knowing your wishes will be honored

Whether you're starting from scratch or updating existing documents, our team can walk you through every option. We focus on simplicity, security, and long-term success.

Final Thoughts: Will, Trust, or Both?

A will and a trust are not either-or tools. Instead, they can work together as part of a strong estate planning strategy. A will helps ensure nothing is overlooked, while a trust provides control, efficiency, and privacy.

The best choice depends on your specific needs, but one thing is clear: proactive estate planning is one of the most important financial decisions you can make.

Don’t leave your legacy to chance. Let the experts at ExperityCPA help you build a secure, tax-smart, and meaningful estate plan that honors your life’s work.

Start Planning Today

Contact ExperityCPA to schedule your estate planning consultation. Our team is ready to answer your questions, review your current documents, and create a plan that fits your life and legacy.

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