What distinguishes a 'will' from a 'trust' in estate planning?
A will is a legal document that specifies how a person's assets will be distributed after their death. It only takes effect after death and typically requires probate, a court-supervised process for validating the will and distributing the assets. A trust is a legal arrangement where assets are held by a trustee for the benefit of beneficiaries. A trust can be established during a person's lifetime (living trust) or upon their death (testamentary trust). Unlike a will, a trust can avoid probate, allowing for a more private and efficient transfer of assets to beneficiaries. Trusts also offer greater flexibility in managing and distributing assets over time, and can be used to protect assets from creditors or to provide for beneficiaries with special needs. Wills primarily dictate the distribution of assets after death, while trusts offer both lifetime and post-death asset management and control.