When it comes to estate planning, one of the most common questions we hear at Hynes & Chu Law is: “What is the difference between a will and a trust?”
Both documents play an important role in protecting your family and assets, but they are not interchangeable. Understanding how wills and trusts work—and when to use them—can help you make the best decisions for your future.
As trusted estate planning attorneys in Mineola, New York, we’ve helped countless families design customized strategies that provide clarity, security, and peace of mind.
A will (or “last will and testament”) is a legal document that states how you want your property distributed after your death.
Takes effect after death – A will only becomes legally binding after you pass away and the probate court validates it.
Requires probate – Wills must go through the probate process, which can take time and may become public record.
Names guardians for minors – A will allows parents to designate guardians for minor children.
Appoints an executor – This person ensures your wishes are carried out and manages your estate.
Wills are often simpler and less expensive to create than trusts, making them a common starting point in estate planning.
A trust is a legal arrangement that allows you (the grantor) to place assets under the management of a trustee for the benefit of your chosen beneficiaries. Unlike a will, a trust can take effect during your lifetime.
Takes effect immediately – A living trust becomes active once it is created and funded.
Avoids probate – Assets in a trust generally bypass probate, allowing for faster, private distribution.
Provides control – You can decide how and when assets are distributed (for example, in stages or upon reaching certain milestones).
Offers incapacity protection – A trust can ensure your finances are managed if you become unable to do so yourself.
Greater privacy – Unlike a will, a trust is not a matter of public record.
Trusts are more complex and may require additional costs upfront, but they offer greater flexibility and long-term benefits.
| Feature | Will | Trust |
|---|---|---|
| When it takes effect | After death | Immediately once created and funded |
| Probate | Required | Typically avoids probate |
| Privacy | Becomes public record | Remains private |
| Incapacity protection | No | Yes |
| Control over distributions | Simple, one-time transfer | Flexible, structured distributions |
| Guardian appointment for minors | Yes | No (must be done in a will) |
In many cases, the best estate plan includes both a will and a trust.
A trust handles the efficient, private transfer of assets and provides long-term control.
A will serves as a safety net for any assets not included in the trust and allows you to name guardians for children.
For example, many clients use a “pour-over will”—a simple will that ensures any assets not already in the trust will be transferred into it upon death.
This combined approach ensures nothing is overlooked.
Deciding between a will, a trust, or both depends on your goals, family situation, and the size of your estate.
If you want a straightforward, low-cost solution, a will may be sufficient.
If you want to avoid probate, protect your privacy, or plan for incapacity, a trust may be the better choice.
If you want comprehensive protection, combining both offers the strongest solution.
At Hynes & Chu Law, we work closely with clients to tailor estate plans that reflect their needs.
The difference between a will and a trust comes down to timing, privacy, and control. A will ensures your wishes are carried out after death, while a trust provides ongoing management of your assets and often avoids probate.
The best solution depends on your family’s needs—and in many cases, using both creates the most complete protection.
If you’re ready to discuss your options, contact Hynes & Chu Law today. Our team is here to guide you through every step of the estate planning process with knowledge, compassion, and care.
With over 35 years of combined experience in estate planning, elder law, Medicaid planning, probate, and trusts, attorneys Thomas Hynes and Douglas Chu have earned a reputation for guiding New York families with care and expertise.
When you work with us, you can expect:
Personalized attention – Every family’s situation is unique, and so is every estate plan we create.
Clear guidance – We make complex legal decisions easy to understand.
Comprehensive planning – From wills and trusts to healthcare directives and Medicaid planning, we ensure all aspects of your future are covered.
Peace of mind – Our goal is to help you feel confident that your wishes will be honored and your loved ones protected.
At Hynes & Chu Law LLP, we specialize in estate planning, elder law, and asset protection — providing personalized legal solutions with care, integrity, and experience.
