Including a trust in your will—called a “testamentary trust”—might sound smart, but it often creates more problems than it solves. Why? Because it still goes through probate.
Probate is a public, time-consuming, and often expensive court process. A testamentary trust only takes effect after your will is probated, which can delay access to funds for your heirs and add unnecessary legal costs. Worse, the trust’s details and your family’s financial matters become part of the public record.
Contrast that with a revocable living trust, which avoids probate entirely. Assets in a living trust can pass quickly and privately to beneficiaries, often saving your family time, stress, and money. A living trust can also include protections for minor children, special needs heirs, or spendthrift beneficiaries—without ever stepping foot in court.
Many people think adding a trust to a will is a solid plan. But in reality, it often just locks your family into the very legal maze you hoped to avoid. If you want to protect your loved ones, skip the will-based trust and go living trust instead.
