Trust and Will are both ways to distribute an estate after death. A Will is a legal document that describes who will inherit the assets, while a Trust involves transferring your assets to a trustee so the trustee can transfer it after death according to the wishes of the deceased.

A person who has assets can choose any option between these two and nominate the beneficiaries for the estate. But what will happen if a person leaves both a will and trust behind for the family? 

Does a will  override a trust in Northern California? We’ll answer this question below, and will also discuss which option is better and who needs a trust instead of a will. The answer to these questions will provide guidance as you make important decisions regarding your estate.

What’s A Trust? Overview

A Trust is a legal framework that is quite different from the traditional way of transferring assets. Trust means the individual (grantor) who owns assets grants the other party (the trustee) the rights to hold and manage assets and pass them to the beneficiaries after the grantor’s death.

The benefit of creating a Trust is that the property held under the Trust name won’t go into probate court. This is because the assets will be under the name of the Trust, not the grantor who has died. 

Since the assets don’t have to go through probate court, it will save a lot of time and money typically spent on probate lawyers. The trustee will transfer the property as per the wishes of the deceased person to the beneficiaries.

What’s A Will? Overview

A Will is completely opposite to a Trust. Creating a Will means creating a legal document that’s signed by witnesses and meets all legal requirements. It outlines who will inherit estate from the family, friends, and so forth after death.

The reason individuals don’t choose Will is because it goes through the probate process. The executor nominated in the Will files the case in probate court, and the process begins to validate the Will and its transfer process.

The probate process usually takes six months to a year or even more if the case is complicated. After the Will is validated, the executor will evaluate the property and begin the process of distributing assets.

Does A Will Override Trust In Northern California? Trust Vs. Will

No, a Will can’t override a Trust in Northern California. This is because the Trust, being a separate legal entity, will hold ownership of assets. Therefore, upon the death of the Trust creator, the assets within the Trust pass to the beneficiaries without the need for probate.

However, there are instances where a Will may affect assets held in a Trust. For example, assets not properly transferred into the Trust during the Trust creator’s lifetime may be subject to the terms of the Will and go through probate.

To avoid confusion between Trusts and Wills, legal experts suggest a Pour-Over Will. This legal document means all property not in the Trust’s name—real estate, businesses, etc.—will be transferred to the Trust upon the owner’s death. 

The Pour-Over Will solves the issue of probate easily. Once the property goes to the Trust’s name, the trustee will transfer the assets to the beneficiaries included in the Trust document, following the instructions laid out by the Trust creator.

Does A Will Override An Irrevocable Trust?

An Irrevocable Trust is a type of Trust in which the grantor can’t change anything once the Trust is created legally. Everything under the Trust’s name will go to the trustee who’ll manage it. Hence, a Will cannot override an Irrevocable Trust. 

Similarly, the principle applies to a Revocable Trust. In a Revocable Trust, the grantor retains the ability to modify or revoke the Trust during their lifetime. If the grantor has taken assets out of the Trust, then they can be subject to the content of the Will. 

However, if assets are properly transferred into the Trust—be it revocable or irrevocable—and held within it at the time of the grantor’s death, they will typically be governed by the terms of the Trust rather than the Will.

What Is Better, A Will Or A Trust?

Both a Trust and a Will are suitable for distributing wealth, but there are some differences that make a Trust a better option. The biggest difference is that Trust assets don’t go through the long probate process. 

Trusts offer tax benefits, and the assets are free from creditors’ claims. The grantor can create a Trust for conditions such as illness or disability and decide who will make decisions on their behalf. All of these benefits make a Trust a preferred option for many individuals.

Final Words

Does a Will override a Trust in Northern California? No, a Will can’t override a Trust because only assets held in the deceased person’s name are subject to the Will’s content. If there’s a Trust, it means the assets are under the Trust’s name. 

Since the assets aren’t under the deceased person’s name, the Trust property can’t be disputed. However, it’s important to note that if assets are removed from the Trust’s ownership prior to the grantor’s passing, then the situation may change.