The question, “Does a will outright a trust?” is a common query that often arises in the context of estate planning. A reader shared her situation, explaining that her mother had established a trust during her lifetime, and she is seeking clarity on whether her mother’s will, made after the trust was set up, would override the terms of the trust.

It’s essential to grasp that a will and a trust are distinct tools for succession planning, each pertaining to different property interests. A will addresses the personal estate of the will-maker, while a trust is a mechanism created by a settlor to allocate property outside their personal estate for the benefit of specific beneficiaries.

Once property is settled into a trust, it ceases to be part of the settlor’s personal estate and is exclusively governed by the trust’s terms. The will no longer has authority over this trust property.

While a will typically does not trump a trust, there are limited exceptions where it may have an impact:

1. Delegable Powers: Depending on the trust’s terms, individuals holding delegable powers (e.g., power to appoint or remove trustees and beneficiaries) might be allowed to make directions under their will regarding these powers. This could involve appointing someone to control the trust after their demise.
2. Debt Forgiveness: A will-maker might include a provision forgiving any debt owed to them by the trust in their will. This act effectively transfers wealth from the personal estate to the trust.

In summary, the answer to whether a will overrides a trust is generally “No.” Both serve unique purposes and cover entirely different property interests.

If you have questions about structuring your trust or implementing effective succession planning, feel free to reach out for personalized assistance today. Understanding these legal nuances is crucial for sound estate planning.