Ask Difference

Will vs. Trust — What's the Difference?

By Urooj Arif & Fiza Rafique — Updated on March 21, 2024
A will is a legal document specifying the distribution of an individual's assets after death, while a trust is an arrangement allowing a third party to manage assets on behalf of beneficiaries.
Will vs. Trust — What's the Difference?

Difference Between Will and Trust

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Key Differences

A will, formally known as a testament, is a legal document that outlines how a person's assets and estate will be distributed upon their death. It becomes effective only after the person's death. On the other hand, a trust is a legal entity created to hold assets, with a trustee managing these for the benefit of the trust's beneficiaries, which can operate both during the grantor's life and after their death.
Wills require a legal process called probate to verify and enforce the document, which can be time-consuming and public. Trusts, however, often bypass the probate process, offering a more private and sometimes quicker distribution of assets.
A will can include detailed instructions on the care of dependents and the distribution of personal items, making it possible to address non-financial wishes. Trusts primarily focus on financial assets and estate planning, lacking the scope to designate guardianship for dependents or distribute personal items with sentimental value.
The creation of a trust can provide tax advantages and protect assets from creditors and legal judgments, which a will cannot offer. This makes trusts a favorable option for those concerned with privacy, asset protection, and reducing estate taxes.
While a will is generally simpler and less costly to prepare, it is subject to probate and can be challenged in court. Trusts require more complex setup and management but offer greater control over how and when assets are distributed, appealing to individuals with larger estates or specific wishes for their assets.
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Comparison Chart

Definition

A legal document detailing asset distribution after death.
A legal entity for asset management and distribution.

Effective Time

After the individual's death.
Can be effective during life and after death.

Probate

Requires probate.
Often bypasses probate.

Privacy

Public process.
Private arrangement.

Asset Protection

No protection from creditors.
Can protect assets from creditors.

Tax Benefits

No direct tax benefits.
Possible tax advantages and estate tax benefits.

Cost and Complexity

Generally simpler and less expensive.
More complex and potentially costlier to establish.

Guardianship Designation

Can designate guardians for dependents.
Does not designate guardianship.

Compare with Definitions

Will

Requires witnesses to be legally valid.
Two witnesses signed the will at the attorney's office.

Trust

Allows for asset distribution without probate.
The trust ensured a swift distribution of assets.

Will

A document stating who will inherit assets.
He updated his will after the birth of his daughter.

Trust

A legal arrangement managing assets for beneficiaries.
They set up a trust for their children's education.

Will

Directs the executor on asset distribution.
The will named his eldest son as the executor.

Trust

Can specify conditions for asset distribution.
The trust releases funds when beneficiaries reach age 25.

Will

Legally enforces an individual's wishes posthumously.
The will was contested by a family member.

Trust

Can be used to minimize estate taxes.
The trust was established to reduce the estate's tax liability.

Will

Can be revised as life circumstances change.
She revised her will after getting married.

Trust

Offers privacy and avoids public record.
The family appreciated the privacy offered by the trust.

Will

The mental faculty by which one deliberately chooses or decides upon a course of action
Championed freedom of will against a doctrine of predetermination.

Trust

Firm belief in the integrity, ability, or character of a person or thing; confidence or reliance
Trying to gain our clients' trust.
Taking it on trust that our friend is telling the truth.

Will

Diligent purposefulness; determination
An athlete with the will to win.

Trust

The condition and resulting obligation of having confidence placed in one
Violated a public trust.

Will

Self-control; self-discipline
Lacked the will to overcome the addiction.

Trust

One in which confidence is placed.

Will

A desire, purpose, or determination, especially of one in authority
It is the sovereign's will that the prisoner be spared.

Trust

Custody; care
Left her papers in my trust during her illness.

Will

Deliberate intention or wish
Let it be known that I took this course of action against my will.

Trust

Something committed into the care of another; a charge
Violated a public trust.

Will

Free discretion; inclination or pleasure
Wandered about, guided only by will.

Trust

Reliance on something in the future; hope
We have trust that the future will be better.

Will

Bearing or attitude toward others; disposition
Full of good will.

Trust

Reliance on the intention and ability of a purchaser to pay in the future; credit
Bought the supplies on trust from a local dealer.

Will

A legal declaration of how a person wishes their personal possessions to be disposed of after death.

Trust

A legal relationship in which one party holds a title to property while another party has the entitlement to the beneficial use of that property.

Will

A legally executed document containing this declaration.

Trust

The confidence reposed in a trustee when giving the trustee legal title to property to administer for another, together with the trustee's obligation regarding that property and the beneficiary.

Will

To decide on or intend
He can finish the race if he wills it.

Trust

The property so held.

Will

To yearn for; desire
“She makes you will your own destruction” (George Bernard Shaw).

Trust

An institution or organization directed by trustees
A charitable trust.

Will

To decree, dictate, or order
Believed that the outcome was willed by the gods.

Trust

A combination of firms or corporations for the purpose of reducing competition and controlling prices throughout a business or industry.

Will

To induce or try to induce by sheer force of will
We willed the sun to come out.

Trust

To have or place confidence in; depend on
Only trusted his friends.
Did not trust the strength of the thin rope.
Could not be trusted to oversee so much money.

Will

To grant in a legal will; bequeath
Willed his fortune to charity.

Trust

To have confidence in allowing (someone) to use, know, or look after something
Can I trust you with a secret?.

Will

To order to direct in a legal will
She willed that her money be given to charity.

Trust

To expect with assurance; assume
I trust that you will be on time.

Will

To exercise the will.

Trust

To give credence to; believe
I trust what you say.

Will

To make a choice; choose
Do as you will.

Trust

To place in the care of another person or in a situation deemed safe; entrust
"the unfortunate souls who trusted their retirement savings to the stock" (Bill Barnhart).

Will

To wish; desire
Do what you will. Sit here if you will. See Usage Note at shall.

Trust

To extend credit to.

Will

(auxiliary) Used to express the future tense, sometimes with some implication of volition when used in the first person. Compare shall.
One of our salesmen will visit you tomorrow.
I will pass this exam.

Trust

To have or place reliance; depend
We can only trust in our guide's knowledge of the terrain.

Will

(auxiliary) To be able to, to have the capacity to.
Unfortunately, only one of these gloves will actually fit over my hand.

Trust

To be confident; hope.

Will

(auxiliary) Expressing a present tense with some conditional or subjective weakening: "will turn out to", "must by inference".
He will be home by now. He always gets home before 6 o'clock.
I can't find my umbrella. I will have forgotten it home this morning.

Trust

Confidence in or reliance on some person or quality.
He needs to regain her trust if he is ever going to win her back.
To lose trust in someone
Build up trust
A relationship built on mutual trust

Will

(auxiliary) To habitually do (a given action).
Boys will be boys.

Trust

Dependence upon something in the future; hope.

Will

(auxiliary) To choose or agree to (do something); used to express intention but without any temporal connotations (+ bare infinitive), often in questions and negation.
Will you marry me?
I’ve told him three times, but he won’t take his medicine.

Trust

Confidence in the future payment for goods or services supplied; credit.
I was out of cash, but the landlady let me have it on trust.

Will

To wish, desire (something).
Do what you will.

Trust

That which is committed or entrusted; something received in confidence; a charge.

Will

To wish or desire (that something happen); to intend (that).

Trust

That upon which confidence is reposed; ground of reliance; hope.

Will

(archaic) Implying will go.

Trust

(rare) Trustworthiness, reliability.

Will

To instruct (that something be done) in one's will.

Trust

The condition or obligation of one to whom anything is confided; responsible charge or office.

Will

(transitive) To bequeath (something) to someone in one's will (legal document).
He willed his stamp collection to the local museum.

Trust

(legal) The confidence vested in a person who has legal ownership of a property to manage for the benefit of another.
I put the house into my sister's trust.

Will

(transitive) To exert one's force of will (intention) in order to compel, or attempt to compel, something to happen or someone to do something.
All the fans were willing their team to win the game.

Trust

A group of businessmen or traders organised for mutual benefit to produce and distribute specific commodities or services, and managed by a central body of trustees.

Will

One's independent faculty of choice; the ability to be able to exercise one's choice or intention.
Of course, man's will is often regulated by his reason.

Trust

(computing) Affirmation of the access rights of a user of a computer system.

Will

The act of choosing to do something; a person’s conscious intent or volition.
Most creatures have a will to live.

Trust

(transitive) To place confidence in, to rely on, to confide in.
We cannot trust anyone who deceives us.

Will

One's intention or decision; someone's orders or commands.
Eventually I submitted to my parents' will.

Trust

To have faith in; to rely on for continuing support or aid.

Will

Firmity of purpose, fixity of intent

Trust

(transitive) To give credence to; to believe; to credit.

Will

(law) A formal declaration of one's intent concerning the disposal of one's property and holdings after death; the legal document stating such wishes.

Trust

(transitive) To hope confidently; to believe (usually with a phrase or infinitive clause as the object)
I trust you have cleaned your room?

Will

(archaic) That which is desired; one's wish.

Trust

(transitive) to show confidence in a person by entrusting them with something.

Will

(archaic) Desire, longing. (Now generally merged with later senses.)
He felt a great will to make a pilgrimage to the Holy Land.

Trust

(transitive) To commit, as to one's care; to entrust.

Will

The power of choosing; the faculty or endowment of the soul by which it is capable of choosing; the faculty or power of the mind by which we decide to do or not to do; the power or faculty of preferring or selecting one of two or more objects.
It is necessary to form a distinct notion of what is meant by the word "volition" in order to understand the import of the word will, for this last word expresses the power of mind of which "volition" is the act.
Will is an ambiguous word, being sometimes put for the faculty of willing; sometimes for the act of that faculty, besides [having] other meanings. But "volition" always signifies the act of willing, and nothing else.
Appetite is the will's solicitor, and the will is appetite's controller; what we covet according to the one, by the other we often reject.
The will is plainly that by which the mind chooses anything.

Trust

(transitive) To give credit to; to sell to upon credit, or in confidence of future payment.
Merchants and manufacturers trust their customers annually with goods.

Will

The choice which is made; a determination or preference which results from the act or exercise of the power of choice; a volition.
The word "will," however, is not always used in this its proper acceptation, but is frequently substituted for "volition", as when I say that my hand mover in obedience to my will.

Trust

To rely on (something), as though having trust (on it).
To trust to luck
Having lost the book, he had to trust to his memory for further details.

Will

The choice or determination of one who has authority; a decree; a command; discretionary pleasure.
Thy will be done.
Our prayers should be according to the will of God.

Trust

To risk; to venture confidently.

Will

Strong wish or inclination; desire; purpose.
My poverty, but not my will, consents; . . . Put this in any liquid thing you will,And drink it off.

Trust

(intransitive) To have trust; to be credulous; to be won to confidence; to confide.

Will

That which is strongly wished or desired.
What's your will, good friar?
The mariner hath his will.

Trust

To sell or deliver anything in reliance upon a promise of payment; to give credit.

Will

Arbitrary disposal; power to control, dispose, or determine.
Deliver me not over unto the will of mine enemies.

Trust

(obsolete) Secure, safe.

Will

The legal declaration of a person's mind as to the manner in which he would have his property or estate disposed of after his death; the written instrument, legally executed, by which a man makes disposition of his estate, to take effect after his death; testament; devise. See the Note under Testament, 1.

Trust

(obsolete) Faithful, dependable.

Will

To wish; to desire; to incline to have.
A wife as of herself no thing ne sholde [should]Wille in effect, but as her husband wolde [would].
Caleb said unto her, What will thou ?
They would none of my counsel.

Trust

(legal) of or relating to a trust.

Will

As an auxiliary, will is used to denote futurity dependent on the verb. Thus, in first person, "I will" denotes willingness, consent, promise; and when "will" is emphasized, it denotes determination or fixed purpose; as, I will go if you wish; I will go at all hazards. In the second and third persons, the idea of distinct volition, wish, or purpose is evanescent, and simple certainty is appropriately expressed; as, "You will go," or "He will go," describes a future event as a fact only. To emphasize will denotes (according to the tone or context) certain futurity or fixed determination.
I am able to devote as much time and attention to other subjects as I will [shall] be under the necessity of doing next winter.
A countryman, telling us what he had seen, remarked that if the conflagration went on, as it was doing, we would [should] have, as our next season's employment, the Old Town of Edinburgh to rebuild.
I feel assured that I will [shall] not have the misfortune to find conflicting views held by one so enlightened as your excellency.

Trust

Assured resting of the mind on the integrity, veracity, justice, friendship, or other sound principle, of another person; confidence; reliance; reliance.
Most take things upon trust.

Will

To be willing; to be inclined or disposed; to be pleased; to wish; to desire.
And behold, there came a leper and worshiped him, saying, Lord if thou wilt, thou canst make me clean. And Jesus . . . touched him, saying, I will; be thou clean.

Trust

Credit given; especially, delivery of property or merchandise in reliance upon future payment; exchange without immediate receipt of an equivalent; as, to sell or buy goods on trust.

Will

To form a distinct volition of; to determine by an act of choice; to ordain; to decree.
By all law and reason, that which the Parliament will not, is no more established in this kingdom.
Two things he [God] willeth, that we should be good, and that we should be happy.

Trust

Assured anticipation; dependence upon something future or contingent, as if present or actual; hope; belief.
His trust was with the Eternal to be deemedEqual in strength.

Will

To enjoin or command, as that which is determined by an act of volition; to direct; to order.
They willed me say so, madam.
Send for music,And will the cooks to use their best of cunningTo please the palate.
As you go, will the lord mayor . . . To attend our further pleasure presently.

Trust

That which is committed or intrusted to one; something received in confidence; charge; deposit.

Will

To give or direct the disposal of by testament; to bequeath; to devise; as, to will one's estate to a child; also, to order or direct by testament; as, he willed that his nephew should have his watch.

Trust

The condition or obligation of one to whom anything is confided; responsible charge or office.
[I] serve him truly that will put me in trust.
Reward them well, if they observe their trust.

Will

To exercise an act of volition; to choose; to decide; to determine; to decree.
At Winchester he lies, so himself willed.
He that shall turn his thoughts inward upon what passes in his own mind when he wills.
I contend for liberty as it signifies a power in man to do as he wills or pleases.

Trust

That upon which confidence is reposed; ground of reliance; hope.
O Lord God, thou art my trust from my youth.

Will

The capability of conscious choice and decision and intention;
The exercise of their volition we construe as revolt

Trust

An estate devised or granted in confidence that the devisee or grantee shall convey it, or dispose of the profits, at the will, or for the benefit, of another; an estate held for the use of another; a confidence respecting property reposed in one person, who is termed the trustee, for the benefit of another, who is called the cestui que trust.

Will

A fixed and persistent intent or purpose;
Where there's a will there's a way

Trust

An equitable right or interest in property distinct from the legal ownership thereof; a use (as it existed before the Statute of Uses); also, a property interest held by one person for the benefit of another. Trusts are active, or special, express, implied, constructive, etc. In a passive trust the trustee simply has title to the trust property, while its control and management are in the beneficiary.

Will

A legal document declaring a person's wishes regarding the disposal of their property when they die

Trust

A business organization or combination consisting of a number of firms or corporations operating, and often united, under an agreement creating a trust (in sense 1), esp. one formed mainly for the purpose of regulating the supply and price of commodities, etc.; often, opprobriously, a combination formed for the purpose of controlling or monopolizing a trade, industry, or business, by doing acts in restraint or trade; as, a sugar trust. A trust may take the form of a corporation or of a body of persons or corporations acting together by mutual arrangement, as under a contract or a so-called gentlemen's agreement. When it consists of corporations it may be effected by putting a majority of their stock either in the hands of a board of trustees (whence the name trust for the combination) or by transferring a majority to a holding company. The advantages of a trust are partly due to the economies made possible in carrying on a large business, as well as the doing away with competition. In the United States severe statutes against trusts have been passed by the Federal government and in many States, with elaborate statutory definitions.

Will

Decree or ordain;
God wills our existence

Trust

Held in trust; as, trust property; trustmoney.

Will

Have in mind;
I will take the exam tomorrow

Trust

To place confidence in; to rely on, to confide, or repose faith, in; as, we can not trust those who have deceived us.
I will never trust his word after.
He that trusts every one without reserve will at last be deceived.

Will

Determine by choice;
This action was willed and intended

Trust

To give credence to; to believe; to credit.
Trust me, you look well.

Will

Leave or give by will after one's death;
My aunt bequeathed me all her jewelry
My grandfather left me his entire estate

Trust

To hope confidently; to believe; - usually with a phrase or infinitive clause as the object.
I trust to come unto you, and speak face to face.
We trustwe have a good conscience.

Trust

To show confidence in a person by intrusting (him) with something.
Whom, with your power and fortune, sir, you trust,Now to suspect is vain.

Trust

To commit, as to one's care; to intrust.
Merchants were not willing to trust precious cargoes to any custody but that of a man-of-war.

Trust

To give credit to; to sell to upon credit, or in confidence of future payment; as, merchants and manufacturers trust their customers annually with goods.

Trust

To risk; to venture confidently.
[Beguiled] by theeto trust thee from my side.

Trust

To have trust; to be credulous; to be won to confidence; to confide.
More to know could not be more to trust.

Trust

To be confident, as of something future; to hope.
I will trust and not be afraid.

Trust

To sell or deliver anything in reliance upon a promise of payment; to give credit.
It is happier sometimes to be cheated than not to trust.
Her widening streets on new foundations trust.
They trusted unto the liers in wait.

Trust

Something (as property) held by one party (the trustee) for the benefit of another (the beneficiary);
He is the beneficiary of a generous trust set up by his father

Trust

Certainty based on past experience;
He wrote the paper with considerable reliance on the work of other scientists
He put more trust in his own two legs than in the gun

Trust

The trait of trusting; of believing in the honesty and reliability of others;
The experience destroyed his trust and personal dignity

Trust

A consortium of independent organizations formed to limit competition by controlling the production and distribution of a product or service;
They set up the trust in the hope of gaining a monopoly

Trust

Complete confidence in a person or plan etc;
He cherished the faith of a good woman
The doctor-patient relationship is based on trust

Trust

A trustful relationship;
He took me into his confidence
He betrayed their trust

Trust

Have confidence or faith in;
We can trust in God
Rely on your friends
Bank on your good education
I swear by my grandmother's recipes

Trust

Allow without fear

Trust

Be confident about something;
I believe that he will come back from the war

Trust

Expect and wish;
I trust you will behave better from now on
I hope she understands that she cannot expect a raise

Trust

Confer a trust upon;
The messenger was entrusted with the general's secret
I commit my soul to God

Trust

Extend credit to

Common Curiosities

Why might someone choose a trust over a will?

Individuals might choose a trust for privacy, to avoid probate, for tax benefits, or to protect assets from creditors.

What happens if someone dies without a will?

If someone dies intestate (without a will), their assets are distributed according to state laws, potentially not aligning with their wishes.

How can trusts protect assets from creditors?

Certain types of trusts can protect assets from creditors by legally removing the grantor's ownership of the assets.

How does a trust work?

A trust involves a grantor transferring assets into a legal entity, with a trustee managing these for the benefit of designated beneficiaries.

What is a testamentary trust?

A testamentary trust is created by a will upon the grantor's death, managing assets for the benefit of the will's beneficiaries.

Is it necessary to have both a will and a trust?

Having both can be beneficial, as they serve different purposes and complement each other in comprehensive estate planning.

Do all assets go through probate when someone dies with a will?

Not all assets go through probate; those designated with beneficiaries or jointly owned often transfer directly to the named person.

What is the main purpose of a will?

A will primarily directs the distribution of an individual's assets after their death and can appoint guardians for dependents.

Can a will be used to establish a trust?

Yes, a will can include provisions to establish a trust upon the individual's death, known as a testamentary trust.

Can trusts be changed or revoked?

Revocable trusts can be altered or dissolved by the grantor during their lifetime, whereas irrevocable trusts generally cannot.

What are the tax advantages of a trust?

Trusts can offer estate tax benefits and, in some cases, reduce income taxes for the beneficiaries through distributed income.

How does the probate process work?

Probate is the legal process of validating a will, paying debts, and distributing assets under court supervision.

Can a will include personal wishes beyond asset distribution?

Yes, a will can include personal wishes, such as funeral arrangements and the care of pets.

Why is privacy a concern with wills but not with trusts?

Wills become public record through probate, whereas trusts, being private arrangements, do not disclose details publicly.

What is an irrevocable trust and why create one?

An irrevocable trust cannot be modified after creation, often used for asset protection and tax benefits, as it removes the assets from the grantor's taxable estate.

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Author Spotlight

Written by
Urooj Arif
Urooj is a skilled content writer at Ask Difference, known for her exceptional ability to simplify complex topics into engaging and informative content. With a passion for research and a flair for clear, concise writing, she consistently delivers articles that resonate with our diverse audience.
Co-written by
Fiza Rafique
Fiza Rafique is a skilled content writer at AskDifference.com, where she meticulously refines and enhances written pieces. Drawing from her vast editorial expertise, Fiza ensures clarity, accuracy, and precision in every article. Passionate about language, she continually seeks to elevate the quality of content for readers worldwide.

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