You are here: Home FAQ FAQ Understanding Living Trusts 18. Doesn’t a trust in a will do the same thing?

18. Doesn’t a trust in a will do the same thing?

Not quite. A will can contain wording to create a testamentary trust to save estate taxes, care for minors, etc. But, because it’s part of your will, this trust cannot go into effect until after you die and the will is probated. So it does not avoid probate and provides no protection at incapacity.

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