Don’t Skip Trust Provisions in Your Will

Blue binder on a desk labeled as Provisions

While a revocable living trust offers many benefits, a will with testamentary trust provisions can still be a powerful tool.

What is a Testamentary Trust?

This type of trust exists only within your will and comes into effect if your estate goes through the probate process after your death.

Read Also: 15 Essential Trusts for High-Net-Worth Individuals In Florida: A Comprehensive Guide

Why are trust provisions important in a will?

Protecting Vulnerable Beneficiaries: If you have minor children, disabled beneficiaries, or someone receiving government benefits, a testamentary trust can manage assets in a way that safeguards their eligibility for important programs and avoids guardianship.
Debt & Creditor Protection: A trust can shield assets for your beneficiaries from their creditors.
Controlled Distribution: You can specify how and when your beneficiaries receive their inheritance. This can be helpful for beneficiaries who might not be financially responsible or who need the funds spread out over time.

A simple will is better than no plan at all, but including testamentary trust provisions can offer significant advantages, especially for those with complex family situations or concerns about beneficiary responsibility.

Important Note: If you already have a revocable living trust, you may want to consider a “pour-over will” instead of a will with testamentary trust provisions. A pour-over will ensure any assets accidentally left outside the trust are ultimately transferred into it.

Remember, consulting with an estate planning attorney is essential to ensure your will and any trust provisions accurately reflect your wishes.

Related Services: Wills, Trusts, & Estate Planning

Contact SJF Law Group

Protect your legacy. Schedule a consultation today with our expert estate planning attorneys and gain peace of mind for you and your loved ones.

Should I Add My Pet to My Will or Create a Pet Trust? Understanding Your Options

Revoking Your Will in Florida: More Than One Way to Say Goodbye

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.

Necessary

Always Enabled

Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.

Cookie	Duration	Description
cookielawinfo-checkbox-analytics	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional	11 months	The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy	11 months	The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.

Others