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  • Writer's pictureOcampo Wiseman Law

What is the benefit of a trust over a will?

Updated: Mar 29



When planning your estate, considering the options available can be overwhelming. Two commonly discussed estate planning tools are wills and trusts. While wills are the primary tool for distributing assets, trusts offer significant advantages that can streamline the process and spare your loved ones unnecessary stress and expenses. In this article, we delve deeper into the benefits of trust over a will.


1. Avoiding Probate Proceedings

Establishing a trust generally allows your family to avoid the probate court, which is one of the main benefits. You can guarantee a more seamless transfer of assets to your beneficiaries without going through the court system by setting up a living trust.


2. Efficient Asset Distribution

A well-established and well-funded trust facilitates the effective distribution of assets. A trust can expedite the transfer of assets, unlike a will, which requires investigation. If you have numerous complex assets that must be distributed among multiple beneficiaries, this is beneficial.


3. Privacy and Control

A will becomes a matter of public record in Nevada once it goes through probate, allowing anyone to access its contents. In contrast, a trust offers greater privacy as it remains confidential. With a trust, you can maintain control over how your assets are managed and distributed even after passing.


4. Flexibility and Avoidance of Legal Challenges

Trusts provide flexibility and more control.. They allow you to set specific conditions or instructions for the distribution of assets. Additionally, certain types of trusts can be designed to protect assets from potential legal challenges. This feature is essential for high-risk professions or those concerned about protecting their beneficiaries' assets from creditors or a messy divorce.


A trust is a more desirable option for many people than a will, even though a will is still an important estate planning instrument. You can save your loved ones money and time by creating a trust.


A trust also gives you privacy, flexibility, and the power to continue controlling how your assets are distributed.

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