Do I Need a Will or a Trust in Connecticut—or Do I Need Both?

Many Connecticut estate plans should include a will, but some people benefit from both a will and a trust. A will directs how property passes through your probate estate, while a trust can hold and manage property during your lifetime and after your death. For many people, the ideal estate plan includes both tools.

The right choice depends on your property, family, beneficiaries, and long-term goals. If you are unsure about how you want to approach your estate plan, our attorneys are ready to help. Contact us to discuss your options.

What Does a Will Do in Connecticut?

A will is the basic building block of an estate plan and directs how property in your probate estate passes after your death. Without a valid will, Connecticut intestacy law determines who receives probate property instead of letting you choose. That can lead to an outcome you’d never agree to if you could choose. Thankfully, a will helps you avoid that outcome.

A will can identify beneficiaries and specify how you want your probate assets divided among them. Parents can also use a will to nominate a guardian for minor children. That said, a will doesn’t automatically control everything you own. For example, property in a trust doesn’t pass under the will.

What Does a Trust Do That a Will Can’t?

A trust doesn’t just hold and manage property during your lifetime; it can also keep managing it after your death. Unlike a will, a living trust can become an active part of your financial plan while you are still alive.

A revocable living trust provides a common example. The person creating the trust can transfer assets into it and generally retain significant control over that property during the course of their lifetime. However, not technically owning the property anymore comes with some benefits.

A trust can also control how beneficiaries receive an inheritance. Instead of giving a beneficiary everything immediately, the trust can authorize a trustee to manage and distribute property according to instructions established in the trust agreement.

Does a Living Trust Avoid Probate in Connecticut?

Property transferred to a living trust generally doesn’t pass through probate once the trust creator dies. This is because the property doesn’t have to go through probate to transfer ownership under the trust after the settlor’s death. However, creating a trust by itself doesn’t automatically remove every asset from the probate estate.

It’s also important to remember that having a trust doesn’t necessarily eliminate every interaction with the Probate Court. You may still need to probate a will, even if most of a person’s assets are held in trust at the time of death.

If You Have a Trust, Do You Still Need a Will?

For the most part, it’s a good idea to have a last will and testament even if your estate plan relies heavily on living trusts. Your will can address probate property that never became part of the trust and provide a backup plan for assets that were unintentionally left outside it.

Many estate plans pair a revocable trust with a “pour-over” will. Instead of separately identifying the ultimate beneficiaries for every probate asset, the will can direct qualifying property into the trust after death. Connecticut law expressly permits a will to devise or bequeath property to the trustee of certain trusts.

Your will can also address matters the trust does not. While deciding how your assets are distributed is a major part of any estate plan, you’ll also want to keep in mind other goals outside what a trust can accomplish. The most common example is choosing someone to act as guardian of your minor children.

For these reasons, the choice is not always “will versus trust.” For many families, the better question is whether a will alone accomplishes their goals or whether they need a will and a trust working together.

Frequently Asked Questions

Does everyone in Connecticut need a trust?

No. Some people can accomplish their estate-planning goals with a will and other basic estate-planning documents.

Can a trust replace a will completely?

A living trust should generally not be treated as a complete replacement for a will. Assets that never become trust property may still require probate, which is why a pour-over will commonly accompanies a living trust.

Is a trust only for wealthy families?

No. Trusts can address issues unrelated to wealth. For example, a trust may help manage property for a minor or provide special needs planning for a person with a disability.

Can a will create a trust?

Yes. A will can establish a testamentary trust that takes effect after death as part of the estate plan.

How Can Our Firm Help You Decide Between a Will and a Trust?

Choosing between a will and a trust depends on what you need your estate plan to accomplish. When you work with our attorneys, you’ll learn that some of the strongest estate plans don’t make that choice at all. In many cases, using both tools is best for our clients.

Our attorneys can also help make sure the documents work together. Creating an excellent trust won’t accomplish its purpose if important assets never become part of it or beneficiary designations contradict the overall estate plan.

If you are deciding whether you need a will, a trust, or both, contact Disability Planning Partners soon for a private consultation.