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What is the difference between a will and a trust?

On Behalf of Law Offices of Bonnie M. Benson, P.A. | Jul 23, 2025 | Estate Planning

An estate plan is a crucial legal document that can help protect your legacy. There are many aspects of an estate plan that you may consider including when creating your first draft. Two important parts of an estate plan include a will and a trust.

A will and a trust have very similar uses, but they can both benefit you in different ways. To understand how a will and trust benefit you, it is important to learn about the differences between these two documents. Here is what you should know:

Understanding the benefits of a will

A will is arguably the most important part of the estate plan. This legal document allows you to outline how your estate is managed after you pass away. These instructions can include the names of people who should be responsible for managing your estate and the people who should receive assets. 

You can also use a will to manage your end-of-life care if you become incapacitated. For example, a power of attorney can manage your health and financial decisions on your behalf. A living will can control whether you are placed on end-of-life care support.

Understanding the benefits of a trust

Much like a will, a trust can help control how your assets are managed and distributed. However, a trust can provide several more options to protect your legacy. With the right kind of trust, you can protect your assets from estate taxes, disputes, probate and debt collectors. 

You can also make more decisions when you use a trust. For example, you could use a trust to donate some of your estate to a charity. Or, you could limit how much trust fund beneficiaries can access. There are many other differences between a will and trust. Professional legal guidance can help educate you on your estate planning options.

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