Why You Still Need a Will
(Even with a Trust)
A trust handles a lot — but not everything. Learn why you still need a will.
At a Glance
Estate Planning Series → Phase 1 Article 4 of 5
Introduction: Why You Still Need a Will
The Common Misunderstanding: Many people assume “I created a trust, so I don’t need a will anymore.” It sounds logical. Trusts are powerful tools, and they can handle a lot.
But even the best-designed trust doesn’t replace everything.
A Revocable Living Trust avoids probate, protects privacy, and distributes assets efficiently — but it is not a complete estate plan on its own.
You still need a will because:
If you’ve ever wondered why attorneys still draft a will alongside a trust, you’re in the right place. This guide will show you — in simple terms — what a will still does and why both tools matter.
A revocable living trust is powerful, but it only controls assets that are:
If you forget to fund something… the trust can’t touch it.
Common assets people forget to place in their trust:
The trust has no automatic authority over unfunded assets. A will is your safety net.
Most modern estate plans include a pour-over will, which does exactly what it sounds like:
It “pours” any leftover assets into your trust after you pass away.
This protects you when:
Without this will, those assets:
A trust without a will is like a home without insurance — great until something goes wrong.
💡 A Will Is the Only Place to Name Guardians for Minor Children
A trust cannot:
Only a will gives the court binding legal guidance about:
Without this:
A will avoids heartbreaking uncertainty.
💡 Your Will Handles Personal Property and Sentimental Items
Trusts focus on financial and titled assets.
Wills traditionally handle personal belongings, such as:
A well-drafted will even allows you to attach a Personal Property Memorandum — a simple list that you can update without rewriting your will.
💡 Your Will Speaks for Everything Outside the Trust
Even with excellent trust funding, there will always be “loose ends” that a will handles:
1. Final wishes not covered in your trust
Such as:
2. Debts, taxes, and administrative details
Your will names someone who has legal authority to:
3. Distributions to people or charities not named in the trust
A will can leave:
What Happens If You Only Have a Trust (No Will)
If you pass away with a trust but no will:
A Trust + A Will = The Complete Plan
Think of it this way:
Think of the trust as the engine—and the will as the seatbelt.
Together, they create:
Neither document replaces the other.
What You Should Do Now
To build a complete plan:
A trust does the heavy lifting — but your will fills in the gaps.
Together, these decisions form a complete foundation — preparing you to move from understanding into building your plan.
🛠️ Downloadable Resources
Start with one or two of these simple tools which are designed to help you feel informed, empowered, and ready to take meaningful next steps.
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📘 Will & Trust Comparison Guide
A clear, side-by-side snapshot showing when a will is enough — and when a trust adds the protection your family needs. View resource →
Looking for more estate planning tools?
Explore the full collection on our Estate Planning Resources page.
Next Up: Understanding Beneficiary Designations
This article explains what beneficiary designations do, which accounts they affect, and how to set them correctly.
🔍 External Resources & Related Articles
Explore trusted, expert sources or related articles for deeper guidance on the topics covered in this phase.
📚 Trusted External Resources
These organizations provide clear, introductory guidance on estate planning concepts, documents, and decision-making. Their resource hubs are designed for broad learning and ongoing exploration.
🌐 Fidelity — Estate Planning Basics
🌐 Consumer Financial Protection Bureau (CFPB) (.gov) — Managing Someone Else’s Money & Planning Ahead
🌐 FINRED (.gov) – An Introduction to Estate Planning
🌐 AARP — Estate Planning Resources
NOTE: These links are provided for additional education and exploration.
🎯 All Phase 1 Articles
Learn how foundational estate planning works, which tools protect your family, and how to avoid the costly consequences of doing nothing.
📘 Estate Planning 101: Protecting What Matters Most
📘 Do I Need a Will, a Trust, or Both?
📘 What Happens If You Do Nothing?
📘 Why You Still Need a Will (Even with a Trust)
📘 Understanding Beneficiary Designations
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About the Author
Written by Tonya Harris, founder of Elevated Sand. Tonya creates culturally grounded financial and digital education that helps people understand complex topics and make informed decisions for the future.
Disclaimer: Information is for educational purposes only and should not be considered legal or financial advice. Estate planning involves complex legal and tax considerations. You should consult a qualified estate planning attorney to determine the best approach for your situation and ensure compliance with your state’s laws.