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Will & Trust: Understanding the Differences

by | May 26, 2021 | Legal Services

Everyone has heard the words will and trust, but not everyone understands the distinctions between the two. Both are useful in estate planning for various purposes and can be used in tandem to build a comprehensive estate plan.


What Is the Difference Between Will and Trust?

Wills vs trusts in Singapore are also estate-planning mechanisms that can help ensure your assets are covered and passed on to your descendants, other than your spouse, which is usually not a problem. It is due to the general marital deduction clause, enabling wealth to be passed on to a surviving spouse without incurring gift or estate tax liabilities.


When Wills and Trusts Take Effect 

The testator final will take effect upon his or her death. A living trust takes place the moment it is signed. As long as you are mentally competent, you can change your mind or your revocable living confidence until the time of your death. When a grantor creates a revocable living trust, he usually assigns a successor trustee to administer the trust until he dies.


The Property That Each Plan Covers

A will only control the disposition of property held in your sole name at the time of your death, including any property rights you might have, such as a tenancy in common. It does not apply to properties that transfer directly to a recipient through arrangement or by the rule of law, such as life insurance contracts or mutual tenancies with survivorship privileges.


A living trust will administer and allocate any property that it has received funding. Once it is established, The grantor transfers his assets into it. It may include life insurance plans as long as the trust retains the procedure rather than the grantor, as well as tenancy-in-common interests.

Wills Require Probate

For property passing under the last will to transfer to living beneficiaries legally, probate is required. It involves property guided to a testamentary trust, as the probate process effectively creates this trust. It will become a public record when they are sent to the court for probate. A living trust’s conditions are kept confidential. Property transferred under the terms of both revocable and irrevocable living trusts is exempt from probate. 


Trusts Provide for Life and Death

A will is useless for planning for mental disability since it does not affect before the testator dies. If she became mentally incapacitated by that time, her loved ones would have to petition the court to name a conservator or guardian to manage her affairs. It can be expensive as well as frustrating.


A revocable living trust may include disability provisions. If the grantor becomes incapacitated and unable to handle his affairs, the successor trustee he has chosen to take over after his death—someone of his choice, not the court’s—will also take over.


If you want to manage your asset distribution, it is good to set up a living trust. If you want someone to have access to these assets in the event of your disability or incapacity, you should set up a living trust rather than a will.


Trust vs Will in Singapore has the potential to be extremely useful. When putting together an estate plan, it is critical to consult with an attorney. Although it is possible to do your planning, it is easy to make costly mistakes.