Inter Vivos Trust: It’s Not a Separate Type of Trust
You may see “inter vivos trust” presented as if it’s its own distinct type of trust, separate from a revocable or irrevocable trust. It isn’t. “Inter vivos” is simply the Latin legal term for “during life”. It describes when a trust is created (while you’re alive), not what kind of trust it is or how flexible it is.
If you’re trying to decide between an “inter vivos trust” and something else, the real decision you’re facing is between a revocable and an irrevocable trust as the inter vivos label applies to either one, as long as it’s created during your lifetime rather than through your will.
What It’s Contrasted With
The opposite of an inter vivos trust is a testamentary trust, which is one created through your will and only comes into existence after you die and your estate goes through probate. An inter vivos trust, by contrast, exists and can be funded while you’re still alive.
Why This Distinction Matters
- Probate. An inter vivos trust (if properly funded) avoids probate for the assets it holds. A testamentary trust does not; it’s created through probate.
- Timing of control. With an inter vivos trust, you can see it functioning, fund it, and adjust it (if revocable) while you’re alive. A testamentary trust only becomes real after your death.
- Flexibility. An inter vivos trust can be revocable or irrevocable; it’s your choice. A testamentary trust’s terms are fixed at your death, based on what your will says.
What Most People Actually Want When Researching This
If you’re researching “inter vivos trust” because you want to avoid probate, keep your affairs private, or plan for incapacity, what you’re actually looking for is a revocable living trust, which is the most common form of inter vivos trust, and the one most of our clients use for these goals.
If your priority is asset protection or tax planning rather than probate avoidance, an irrevocable inter vivos trust may be a better fit.
Frequently Asked Questions
None, they’re the same thing. “Inter vivos” is simply the Latin legal term; “living trust” is the more common everyday phrase for the same concept.
It can be either as the term only describes when the trust was created (during your lifetime), not its flexibility. That’s a separate decision.
If it’s properly funded during your lifetime, yes, this is one of its main advantages over a testamentary trust, which is created through probate.
It depends on your goals. If avoiding probate is important to you, an inter vivos trust is generally the better fit. If you’re comfortable with probate and want a simpler estate plan built around your will, a testamentary trust may be sufficient.
If You’re Trying to Decide What You Actually Need
- Revocable Trust — the most common form of inter vivos trust, for probate avoidance and incapacity planning
- Testamentary Trust — the contrasting option, created through your will rather than during your lifetime
Stop Googling Trust Types. Start With a Real Answer.
At SJF Law Group, we’ll help you cut through the terminology and figure out what you actually need, whether that’s a revocable trust, an irrevocable trust, or something else entirely. Contact us to start with a clear conversation, not confusing labels.
