Will vs. Trust: What’s the Difference and Which Do You Need?
Published on June 24, 2025 by Fatima T. Hasan, Attorney at Law and Founding Attorney at Fiducia Law, a firm specializing in Estate Planning, Tax Planning, Asset Protection, and Probate.
When it comes to estate planning, many people assume a will is all they need. Others hear about trusts and wonder if that’s the better option. The truth is, both serve important purposes—but understanding their differences is key to making the right choice for your situation.
What Is a Will?
A will is a legal document that:
- Specifies how your assets should be distributed after your death
- Names guardians for your minor children
- Appoints an executor to carry out your wishes
Wills only go into effect after your death and must go through probate—a court-supervised process that can take months and incur legal fees.
What Is a Trust?
A trust is a legal arrangement where one party (a trustee) holds and manages assets on behalf of
another (the beneficiary). A revocable living trust, the most common type for estate planning,
offers:
- Control of your assets during your lifetime
- Continuity in case of incapacity
- Distribution of assets after death without going through probate
Trusts can also be irrevocable, meaning you relinquish control of the assets permanently in exchange for benefits like asset protection or tax savings.
Key Differences Between a Will and a Trust
| Feature | Will | Trust | Takes effect | After Death | Immediately (if funded) |
| Probate | Required | Avoided |
| Public or private? | Public court record | Private |
| Covers incapacity? | No | Yes |
| Guardians for minors? | Yes | No (use will for this) |
| Tax planning & asset protection | Limited | More flexible, especially with irrevocable trusts |
Do You Need a Will, a Trust, or Both? Most people benefit from having both:
-A will to name guardians and handle any assets not included in the trust
-A trust to avoid probate, manage assets during incapacity, and provide privacy
Your estate plan should be customized to your goals, family situation, and the value of your assets.
Start Planning with Confidence
At Fiducia Law, based in Fort Lauderdale, Florida, we specialize in helping individuals and families protect what matters most. Whether you need a simple will, a comprehensive trust, or guidance on both, we’re here to walk you through every step.
Contact us today at 561-299-0437 or visit www.fiducia-law.com to schedule a free consultation.