Do I Really Need a Will If I Already Have a Trust?
- twarnock16
- 6 days ago
- 3 min read
Creating a revocable living trust is a powerful way to manage your assets during your lifetime and avoid probate after your death—but does that mean you can skip the will entirely? Not quite. Even if you’ve gone through the effort of setting up a trust, a last will and testament is still a vital part of your estate plan. Here’s why having both documents is essential for protecting your legacy and making things easier for your loved ones.
What a Trust Does
A revocable living trust allows you to:
Control and manage your assets during your lifetime.
Name a successor trustee to handle your affairs if you become incapacitated or pass away.
Distribute your assets directly to your chosen beneficiaries without going through probate.
Trusts are excellent tools for privacy, flexibility, and avoiding court involvement, especially in Florida, where probate can be time-consuming and costly.
So Why Would You Still Need a Will?
There are several key reasons:
1. The “Pour-Over” Will
Even if you intend to transfer all of your assets into your trust during your lifetime, sometimes assets are left out by accident—for example, a newly acquired account or a forgotten piece of property. A pour-over will acts as a safety net. It:
Catches any assets not titled in the name of your trust.
Directs those assets into the trust upon your death.
Ensures your overall estate plan stays consistent.
Without a will, those unassigned assets would be distributed according to Florida’s intestacy laws—not your wishes.
2. Naming Guardians for Minor Children
A trust cannot name a legal guardian for your minor children. If you have children under the age of 18, a will is the only legal instrument in Florida that allows you to:
Nominate a guardian.
Avoid leaving this crucial decision entirely in the hands of the court.
This makes a will essential for families with young children, regardless of how complete your trust may be.
3. Expressing Personal Wishes
Some people use their wills to:
Designate funeral and burial preferences.
Leave instructions for pets.
Share personal sentiments with loved ones.
While some of these details might be better suited for a separate letter of instruction or legacy letter, having a will ensures these wishes are documented in a legally recognized format.
4. Peace of Mind and Legal Protection
Having both a trust and a will:
Creates a layered estate plan.
Helps ensure that no part of your estate falls through the cracks.
Reduces the likelihood of disputes or challenges during the administration process.
Bottom Line: You Need Both
Think of your estate plan like a house:
Your trust is the foundation—it holds everything together and avoids probate.
Your will is the roof—it covers everything the trust might miss.
Even the most carefully constructed trust can’t anticipate every future asset or life change. A will provides legal protection and peace of mind, especially when things don’t go exactly as planned.
Ready to Strengthen Your Estate Plan?
At The Warnock Law Group, we specialize in building comprehensive estate plans that include both wills and trusts tailored to your needs. Whether you’re starting from scratch or updating an existing plan, we’ll help you create a seamless strategy that protects your family and your legacy.
Contact us today to schedule your consultation—we’re here to help you feel confident about the future.
For a free consultation regarding Probate or for further help with the Probate process please contact us at:
(239) 437-1197
6843 Porto Fino Cir,
Fort Myers, FL 33912, USA
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