Wills and trusts – what do you need for a successful estate plan?

Wills and trusts – what do you need for a successful estate plan?

Having a solid estate plan in place gives you peace of mind that the wealth you built over your lifetime will be passed on to those you care in the exact way that you would like it to.

A Will is a fundamental component of an estate plan, and every adult should have one. But in some cases, a trust might be used to achieve your objectives. Here, we’ll look at Wills and the two most common types of trusts: testamentary trusts and living trusts.

Wills
In a Will, you name one or more executors to manage and distribute your property when you die. Your will specifies who is to receive the assets in your estate and how they will be divided.

A Will takes effect only after death. It does not authorize anyone to act on your behalf with regards to your assets or financial affairs while you are alive or incapacitated. (That permission is granted through a Power of Attorney.)

Testamentary Trusts
A testamentary trust is created in your Will and, like the Will, takes effect when you die. The assets in this type of trust are part of your estate, which means that estate fees (probate) and taxes may need to be paid on them.

A testamentary trust is often used to safely convey assets to minors or to manage assets by controlling the timing of the release of funds.

Living Trusts (Inter-Vivos Trust)
Setting up a living trust is more complex. It involves:

  • Transferring ownership of selected assets into a trust while you are alive.
  • Designating the recipients (beneficiaries) and the terms of asset distribution, which can take place while you’re alive, if you’re incapacitated or after death.
  • Naming a trustee who will manage the property while you are alive. The trustee can be a trust company or another person, or you may name yourself as the trustee and retain full control of these assets while you are alive. (Other trustees would assume control when you die.)

Assets in a living trust do not go through probate when you die, which can have a number of positive outcomes: the trust remains private, unlike a Will (and the possibility of the Will being contested); it may reduce legal fees as well as avoiding probate fees; and the assets can be distributed without waiting for the Will to go through probate.

A living trust can be used for many purposes. It can help manage the succession of a family business, for example, or ensure that use of a vacation property is shared among family members.

However, a living trust costs more to set up and maintain than a testamentary trust, so the benefits need to outweigh the costs.

Professional Advice is Essential
Talk to your advisor to ensure that your estate plan includes the right legal documents to accomplish your objectives and that they are structured in the most cost-effective manner possible.

15 thoughts on “Wills and trusts – what do you need for a successful estate plan?

  1. cialis with dapoxetine says:

    Thank you a lot for sharing this with all folks you actually know what you’re
    speaking about! Bookmarked. Please additionally talk over
    with my web site =). We can have a hyperlink alternate arrangement between us

  2. trauma therapist san diego says:

    640689 987914I discovered your blog website on google and check just several of your early posts. Proceed to maintain up the exceptional operate. I just extra up your RSS feed to my MSN Info Reader. Seeking forward to reading a lot more from you in a even though! 211129

  3. ตู้เชื่อม says:

    245768 924535I like the valuable information you give within your articles. Ill bookmark your weblog and check once again here often. Im quite certain Ill learn plenty of new stuff appropriate here! Finest of luck for the next! 320196

  4. eft hack says:

    583431 627244Good post. I learn something much more challenging on different blogs everyday. It will always be stimulating to read content material from other writers and practice slightly something from their store. Id prefer to use some with the content material on my blog whether you dont mind. Natually Ill give you a link on your internet weblog. Thanks for sharing. 31582

Leave a Reply

Your email address will not be published. Required fields are marked *