Why You Still Need a Will—Even If You Have a Trust

Even if you’ve created a trust, a will is still an essential part of a complete estate plan.

When it comes to estate planning, many people believe that having a trust means they no longer need a will. While a trust is a powerful tool to avoid probate and manage assets efficiently, a will remains a critical part of a complete and effective estate plan.

Here’s why having both a trust and a will is not only wise—it’s essential:

1. The “Pour-Over” Function

Most estate plans include a special type of will called a pour-over will. This document ensures that any assets you didn’t transfer into your trust during your lifetime are “poured over” into the trust upon your death. Without this safety net, those unassigned assets may pass through Florida’s intestacy laws—which can lead to delays, court involvement, and outcomes you never intended.

2. Naming Guardians for Minor Children

A trust can manage assets, but it cannot appoint guardians for your minor children. Only a will or an advanced guardian designation form can legally name who you want to raise your children if something happens to you.

3. Handling Unexpected or Overlooked Assets

It’s common for people to forget to retitle certain accounts, real estate, or personal property into the trust. A will acts as a back-up plan, directing the disposition of any assets that were unintentionally left out.

4. Legal Formality and Completeness

Having both a trust and a will demonstrates clear, comprehensive planning. Florida probate courts often expect to see a will even when a trust exists, and its presence may help validate your intentions and reduce disputes.

Bottom line: A trust can do many things—avoiding probate, protecting privacy, and ensuring efficient asset distribution—but it’s not a substitute for a will. The two documents work best together. The trust handles the bulk of your estate planning, while the will fills in the gaps and safeguards your wishes.  Learn more about what you need in an estate plan by visiting our blog post: Why Everyone Needs an Estate Plan: Protecting Your Loved Ones and Your Legacy.

At Shupe Legal, PA, we help clients across Florida create comprehensive estate plans tailored to their lives, families, and goals. If it’s been a while since you reviewed your documents—or if you’ve created a trust but never finalized a will—it may be time for a review.

📞 Schedule your estate planning consultation today to ensure everything is in place.