Address: Stima Investment Plaza 1, 3rd Floor Wing A

CHOOSING BETWEEN A WILL AND TRUST: EXPLORING TRUSTS AS AN ALTERNATIVE APPROACH TO ESTATE PLANNING

Introduction

Estate planning is a critical aspect of ensuring your assets are distributed according to your wishes after your passing. Traditionally, wills have been the primary instrument for estate planning. However, in recent years, trusts have emerged as a compelling alternative that offers distinct advantages. This article delves into the comparison between wills and trusts, focusing on the benefits and considerations of utilizing trusts as an alternative approach to estate planning.

The Basics: Wills vs. Trusts

A will is a legal document that outlines your instructions regarding the distribution of your assets upon your death. It allows you to designate beneficiaries and an executor who will carry out your wishes. However, wills must go through probate, a court-supervised process that can be time-consuming and expensive.

On the other hand, a trust is a legal entity created to hold and manage assets on behalf of beneficiaries. There are revocable trusts, which can be changed during your lifetime, and irrevocable trusts, which generally cannot be altered without beneficiaries’ consent. Assets placed in a trust avoid probate, allowing for a smoother and more private distribution process.

Benefits of Using Trusts

Probate Avoidance: One of the most significant advantages of trusts is the ability to bypass probate. Assets held in a trust can be distributed directly to beneficiaries, saving time, costs, and maintaining privacy.

Privacy: Unlike wills, trusts are private documents, which means that details of your estate and beneficiaries are not part of the public record. This confidentiality can protect your family’s privacy and financial information.

Control and Flexibility: Trusts offer more control over how and when assets are distributed. You can set specific conditions, such as distributing funds gradually to beneficiaries over time or using assets for specific purposes (education, healthcare, etc.).

Incapacity Planning: Trusts can provide for the management of your assets in case you become incapacitated, ensuring your financial affairs are handled as per your wishes without the need for court intervention.

Tax Efficiency: Certain types of trusts, such as irrevocable life insurance trusts and charitable remainder trusts, can help minimize estate taxes and provide potential tax benefits to beneficiaries.

Considerations When Choosing Trusts

Complexity: Trusts can be more complex to set up and maintain compared to wills. They require proper funding and ongoing management to ensure they achieve your intended goals.

Cost: Establishing a trust can involve higher upfront costs than creating a will. However, the potential savings in probate costs may offset this initial investment.

Professional Assistance: Due to their intricacy, trusts often necessitate legal and financial expertise for their creation and administration. Consulting with professionals ensures your trust aligns with your objectives.

Revocability: Revocable trusts can be changed during your lifetime, providing flexibility but potentially leading to uncertainty if not properly managed.

Asset Funding: Assets need to be properly transferred into the trust for it to be effective. Failure to fund the trust can negate its benefits.

Conclusion

Deciding between a will and a trust is a crucial step in your estate planning journey. While wills remain a valid and straightforward option, trusts offer a range of advantages that can significantly enhance the efficiency, privacy, and control over the distribution of your assets. The choice ultimately depends on your unique circumstances, goals, and preferences. Consulting with CR Advocates LLP can help you make an informed decision that best aligns with your wishes and provides for the financial security of your loved ones. Whether you opt for a will or a trust, the key is to take proactive steps to secure your legacy and provide for your family’s future.

Disclaimer:

The information provided in this article is intended for general legal advice and does not constitute legal advice for a specific transaction or case. Since each transaction represents a unique legal context, it is advisable to retain a legal adviser for specific transactions.

To contact CR Advocates LLP, send us an email at info@cradvocatesllp.com or call +254 100979081 or Book a strategy call HERE or direct message us HERE on WhatsApp at your convenience. Our legal team will be happy to help you.