Can I Put a Trust in My Will?

Lots of people pick to have either a trust or a will. Others may actually include a trust within a will. This is often referred to as a testamentary trust. This kind of trust does not enter into effect until the testator’s death. Other trusts are set up during the lifetime of the individual making it. There are essential things to understand about a trust of this nature.


Testamentary trusts are typically consisted of in a last will and testament. They offer for the circulation of the totality or a part of the estate. The funds used to develop a testamentary trust are usually the life insurance earnings of the decedent. A testamentary trust is produced by a settlor, the testator. It selects a trustee to manage the property and funds in the trust for the advantage of a specific person or group of individuals.

Efficient Date

In order for a testamentary trust to be reliable, the will must be probated. The administrator settles the estate, which occurs after the testator’s death. A testamentary trust can also be established by another trust that instructs a testamentary trust to be produced after the testator passes away.


Typically, testamentary trusts are developed for the benefit of the testator’s kids. A testamentary trust can be established to assist family members with impairments, a making it through spouse or other individuals that the testator names.


A testamentary trust is revocable throughout the testator’s lifetime. Since the trust does not go into result up until after the testator dies, the testator may change or withdraw his or her will and the trust inside of it throughout the testator’s life time. The testator can totally revise the last will so that no testamentary trust is part of it or tear it up so that the terms are no longer reliable. The testamentary trust only becomes irrevocable when the testator passes away while the testamentary trust was part of a reliable will.

Probate Process

Traditionally, trusts prevent the probate procedure due to the fact that they take the property that the testator owns and moves it so that the trustee owns the legal title to it. This assists prevent the probate procedure because the probate case is only worried about property that the testator owns at the time of death.

Functions of the Parties Involved

The court of probate may look at the status of the testamentary trust while the probate case is pending. The trustee is accountable for following the instructions of the trust. The trustee is named in the trust instrument. However, the trustee can decline this position if he or she so desires. If the trustee declines the position, the successor trustee is designated. If the follower trustee does not want to serve in this role or there is no called follower trustee, somebody else can volunteer for the position. Additionally, the court can designate a trustee.

Additional Factors To Consider

An individual might pick to develop a testamentary trust for numerous factors. The expenses associated with this type of trust are typically less because there is less oversight over this kind of trust throughout the settlor’s life time. Testamentary trusts may be preferred over other types of trusts when the value of the property that comprises the trust is limited or when it is only one kind of property, such as earnings from a life insurance coverage policy.

Legal Help

Individuals who want to prepare a testamentary trust may wish to call an experienced estate planning legal representative. He or she can discuss the benefits and downsides of this estate planning tool. He or she can draft a testamentary trust and a will if this is what you choose to do and if he or she agrees with this method. If you have an existing testamentary trust or will, she or he can evaluate these documents for you and explain if any changes are necessary.