When it comes to estate planning, trusts and wills are two of the most common tools people use to distribute their assets. While these documents serve similar purposes, contesting a trust and contesting a will involve different processes, timelines, and considerations. Understanding these differences can help you navigate what happens if a loved one’s estate plan doesn’t seem right. Let’s dive in.



<h2 class="wp-block-heading" id="h-understanding-the-basics-of-trusts-and-wills">Understanding the Basics of Trusts and Wills</h2>



<ul class="wp-block-list">
<li>Wills: A will is a legal document that outlines how someone wants to distribute their assets. It often names an executor to oversee the process and may address guardianship for minors.</li>



<li>Trusts: A trust, particularly a living revocable trust, is a legal arrangement where a trustee holds and manages assets on behalf of beneficiaries. Trusts can take effect during a person’s lifetime and often bypass probate, making them a popular choice.</li>
</ul>



Although both tools outline how to handle assets, the ways they are contested and the grounds for doing so differ significantly.



<h2 class="wp-block-heading" id="h-what-does-it-mean-to-contest-a-trust">What Does It Mean to Contest a Trust?</h2>



Contesting a trust means challenging the validity of the trust or its amendments. Here are some key points to consider. Grounds for contesting a trust:



<ul class="wp-block-list">
<li>Lack of capacity: The grantor (person who created the trust) must have been mentally capable of understanding the trust when they signed it.</li>



<li>Undue influence: Someone may have manipulated or pressured the grantor into creating or altering the trust.</li>



<li>Fraud or forgery: The trust could be contested if it was created under false pretenses or if the grantor’s signature was forged.</li>



<li>Improper execution: Trusts must meet certain legal requirements to be valid, such as being signed and notarized.</li>



<li>Process for Contesting a Trust: Trust contests usually occur in probate or civil court, depending on state laws. The process begins by filing a petition to challenge the trust, providing evidence for the claim, and often includes depositions or expert testimonies.</li>



<li>Timeline for Contesting a Trust: The deadlines, or statutes of limitations, for contesting a trust vary by state. In many cases, the clock starts ticking as soon as distribution begins or beneficiaries receive notice.</li>
</ul>



<h2 class="wp-block-heading" id="h-what-does-it-mean-to-contest-a-will">What Does It Mean to Contest a Will?</h2>



Contesting a will involves disputing its validity, often during the probate process. Here’s what you need to know. Grounds for contesting a will:



<ul class="wp-block-list">
<li>Lack of capacity: Like a trust, the person creating the will (the testator) must have had the mental ability to understand their decisions.</li>



<li>Undue influence: A will may be invalid if someone coerced or pressured the testator.</li>



<li>Fraud or forgery: Contesting based on fraud or forgery involves proving the testator’s intentions were misrepresented or their signature was falsified.</li>



<li>Improper execution: Wills must meet legal standards, such as being signed by the testator and witnessed by others.</li>



<li>Process: The probate court handles will contests. The process starts with filing a petition during the probate proceedings and presenting evidence to support the claim.</li>



<li>Timeline: Deadlines for contesting a will are often shorter than those for trusts. The timeframe varies by state but generally begins when the will enters probate or when heirs receive notice.</li>
</ul>



<h2 class="wp-block-heading" id="h-key-differences">Key Differences</h2>



While the grounds for contesting a trust or a will overlap, several differences set them apart.



Probate Requirements:



<ol class="wp-block-list">
<li></li>
</ol>



<ul class="wp-block-list">
<li>Wills go through <a href="https://simplytrust.io/2713/what-is-probate-the-dmv-of-estate-planning/">probate</a>, providing a structured timeline for contests.</li>



<li>Trusts generally avoid probate, but contests may still occur in court.</li>
</ul>



Privacy:



<ol class="wp-block-list">
<li></li>
</ol>



<ul class="wp-block-list">
<li>Wills become part of public records during probate.</li>



<li>Trusts are private documents, so challenges might reveal less about the estate.</li>
</ul>



Timeline:



<ol class="wp-block-list">
<li></li>
</ol>



<ul class="wp-block-list">
<li>The window for challenging a will is often shorter.</li>



<li>Trust contests may have longer or more flexible deadlines, depending on state laws.</li>
</ul>



Complexity:



<ol class="wp-block-list">
<li></li>
</ol>



<ul class="wp-block-list">
<li>Trust contests often involve detailed financial and management records, adding complexity.</li>



<li>Will contests focus primarily on the document itself and the testator’s intentions.</li>
</ul>



<h2 class="wp-block-heading" id="h-in-sum-contesting-a-trust-is-harder">In Sum, Contesting a Trust Is Harder</h2>



Contesting a trust or a will can be a challenging process emotionally, legally, and financially for all involved. Whether someone is questioning the validity of a loved one’s trust or their will, it’s essential to understand the unique processes involved. (And what makes a trust <a href="https://simplytrust.io/3293/what-makes-a-trust-legally-binding/">legally binding</a>.) Because each case is unique. Generally speaking, however, contesting a trust is harder than contesting a will.

Contesting a Trust vs. Contesting a Will

Let’s be real—probate isn’t anyone’s idea of a good time. It’s slow, expensive, and can get way too personal since it’s all on public record. The good news? You can avoid probate entirely by using a trust.&nbsp;



Trusts make it super easy to pass on your assets without dragging your loved ones through the legal wringer. (Skipping probate is a huge factor in the <a href="https://simplytrust.io/2668/trust-vs-will/">trust vs. will</a> debate.) Here’s a straightforward look at how trusts help you skip <a href="https://simplytrust.io/2713/what-is-probate-the-dmv-of-estate-planning/">probate</a> and why they’re definitely worth considering. 



<h2 class="wp-block-heading" id="h-what-is-probate-and-why-should-you-care">What Is Probate and Why Should You Care?</h2>



Probate is the legal process of sorting out someone’s <a href="https://simplytrust.io/2540/glossary-of-estate-planning-terms/">estate</a> after they’re gone. The court makes sure you pay your debts and your assets go to the right people. Sounds fair, right? Sure, but it comes with a lot of baggage:



<ul class="wp-block-list">
<li>It’s Slow: Probate can drag on for months or even years.</li>



<li>It’s Expensive: Court fees, attorney fees—they add up fast.</li>



<li>It’s Public: Anyone can snoop on your financial details since probate records are open to the public.</li>
</ul>



If all of that sounds like a hassle you’d rather avoid, a trust might be your new best friend.



<h2 class="wp-block-heading" id="h-how-does-a-trust-help-you-avoid-probate">How Does a Trust Help You Avoid Probate?</h2>



A trust is like a magic box where you stash your assets. You hand over control of the box to a trustee (someone you trust, get it?), and they follow your instructions for managing and distributing what’s inside. Because the trust owns the assets, they’re not part of your “probate estate,” so they don’t have to go through the probate process.



Here’s the basic rundown:



<ol class="wp-block-list">
<li>Set Up the Trust: You create a trust document that lays out all the rules for handling your assets.</li>



<li>Transfer Your Assets: Move your stuff—like your house, bank accounts, or investments—into the trust.</li>



<li>Name a Trustee: Pick someone reliable to manage the trust (at first, this is you).</li>



<li>Skip Probate: When the time comes, the trustee transfers your assets directly to your beneficiaries. No courts, no delays. Probate dodged.</li>
</ol>



<h2 class="wp-block-heading" id="h-types-of-trusts-that-keep-probate-away">Types of Trusts That Keep Probate Away</h2>



When it comes to trusts, there are two main flavors: revocable and irrevocable. Both can help you avoid probate, but they’re a little different.



<h3 class="wp-block-heading" id="h-revocable-trusts-aka-living-trusts">Revocable Trusts (aka Living Trusts)</h3>



<ul class="wp-block-list">
<li>Flexibility: You can change or cancel them anytime.</li>



<li>Control: You’re still in charge of the assets at first.</li>



<li>Probate-Free: Your beneficiaries get the assets without dealing with probate.</li>
</ul>



<h3 class="wp-block-heading" id="h-irrevocable-trusts">Irrevocable Trusts</h3>



<ul class="wp-block-list">
<li>Set in Stone: Once you create it, you can’t easily change it. (Note: <a href="https://simplytrust.io/3201/why-revocable-trusts-become-irrevocable/">revocable trusts become irrevocable</a> automatically when the grantor passes.)</li>



<li>Extra Perks: Provides protection from creditors and can lower estate taxes.</li>



<li>Probate-Free: Just like a revocable trust, it avoids probate.</li>
</ul>



<h2 class="wp-block-heading" id="h-what-can-you-put-in-a-trust">What Can You Put in a Trust?</h2>



You might be wondering what you can actually put in a trust. The short answer? A lot! Some common examples include:



<ul class="wp-block-list">
<li>Real Estate: Skip the months-long hassle of transferring property.</li>



<li>Bank Accounts: Make sure your loved ones have access to cash right away.</li>



<li>Investments: Manage stocks and bonds seamlessly.</li>



<li>Personal Valuables: Jewelry, art, or even family heirlooms can all go in.</li>
</ul>



One caveat: if you leave anything out of the trust, it could still end up in probate. Which is why it’s important to keep your trust up to date by continually stuffing things into the box.



<h2 class="wp-block-heading" id="h-why-skipping-probate-is-a-big-win">Why Skipping Probate Is a Big Win</h2>



Using a trust to avoid probate isn’t just about saving time and money—it’s about making life easier for the people you care about. Here are some of the biggest perks:



<ul class="wp-block-list">
<li>Privacy: Trusts are private, so nosy neighbors and distant relatives won’t see what you left behind.</li>



<li>Speed: Your beneficiaries get their inheritance faster. No waiting on courts.</li>



<li>Simplicity: No lawyers, no drawn-out legal process—just smooth sailing.</li>



<li>Continuity: At any point, the trustee can step in and manage everything seamlessly.</li>
</ul>



<h2 class="wp-block-heading" id="h-avoid-probate-if-you-can">Avoid Probate If You Can</h2>



<a href="https://simplytrust.io/3057/7-reasons-for-bypassing-probate/">Bypassing probate</a> with a trust is a smart move if you want to save your family time, money, and stress. Whether you’re just starting to think about estate planning or you’re ready to take action, setting up a trust can be a game-changer.



It’s not as complicated as it sounds, and the peace of mind it brings is totally worth it. Your future self (and your family) will thank you.

Avoid Probate with a Trust

Trust vs. will. It&#8217;s simple (if not the most interesting things ever): understanding the difference between a trust and a will can save your loved ones a lot of hassle. Both tools help distribute your assets, but they work differently. 



Let’s break trust vs. will down in a way that makes sense, covering the essentials of revocable and irrevocable trusts too. And how they can fit into different life stages (<a href="https://simplytrust.io/2687/life-changes-and-estate-planning/">life changes and estate planning</a> go hand in hand).



<h2 class="wp-block-heading" id="h-what-s-a-will">What’s a Will?</h2>



A will is a document where you spell out who gets what after you’re gone. It also lets you name guardians for your kids, pick an executor to carry out your wishes, and include any specific bequests or instructions.



<h3 class="wp-block-heading" id="h-why-people-choose-wills">Why People Choose Wills:</h3>



Wills are straightforward and affordable, making them a popular choice. They’re great for small estates and simple arrangements. However, there’s a catch: wills have to go through probate. Probate is a legal process that’s public and can be time-consuming and expensive. (Also, wills aren&#8217;t living documents that you can edit easily. You can do small changes with a <a href="https://simplytrust.io/3182/what-is-a-codicil-to-a-will/">codicil</a>, but big changes may require an entirely new will.)



<h2 class="wp-block-heading" id="h-what-s-a-trust">What’s a Trust?</h2>



A trust is like a box where you place your assets. At first, you manage the trust, making trusts useful right away. Later, a trustee—someone you trust—manages this box for your beneficiaries.&nbsp;



<h3 class="wp-block-heading" id="h-two-main-types-of-trusts">Two Main Types of Trusts:</h3>



<ol class="wp-block-list">
<li>Revocable Trusts (Living Trusts):</li>
</ol>



<ul class="wp-block-list">
<li>These are super flexible. You can change them whenever you want.</li>



<li>Assets in the trust avoid probate, but they’re still part of your taxable estate.</li>
</ul>



<ol class="wp-block-list">
<li>Irrevocable Trusts:</li>
</ol>



<ul class="wp-block-list">
<li>These are locked in once created. No take-backs.</li>



<li>They’re great for protecting assets from creditors or reducing estate taxes.</li>
</ul>



<h3 class="wp-block-heading" id="h-why-people-choose-trusts">Why People Choose Trusts:</h3>



Trusts skip probate, offer you <a href="https://simplytrust.io/3307/protecting-privacy-in-estate-planning/">privacy in estate planning</a>, and let you control how and when your beneficiaries get their inheritance. Want to ensure your kids only get their inheritance when they’re 30? Trusts can handle that (after you get through the <a href="https://simplytrust.io/2764/revocable-trusts-vs-irrevocable-trusts-understanding-the-differences/">revocable trusts vs. irrevocable trusts</a> debate).



<h2 class="wp-block-heading" id="h-a-closer-look-at-revocable-trusts">A Closer Look at Revocable Trusts</h2>



<a href="https://simplytrust.io/2547/what-is-a-revocable-trust/">Revocable trusts</a>, or living trusts, are popular for their flexibility. You can make changes as your life evolves—whether it’s a new marriage, kids, buying a new home, divorce, selling a home, whatever.



<h3 class="wp-block-heading" id="h-perks">Perks:</h3>



<ul class="wp-block-list">
<li>Avoids Probate: No court involvement means quicker, private transfers to your heirs.</li>



<li>Control During Incapacity: If something happens to you, a successor trustee can step in seamlessly.</li>



<li>Flexible: You can tweak it as your circumstances change.</li>
</ul>



<h3 class="wp-block-heading" id="h-downsides">Downsides:</h3>



<ul class="wp-block-list">
<li>Cost: They can more expensive to set up than a will.</li>



<li>Effort: You’ll need to transfer your assets into the trust.</li>



<li>Taxes: Assets in the trust are still part of your taxable estate.</li>
</ul>



<h3 class="wp-block-heading" id="h-why-people-choose-revocable-trusts">Why People Choose Revocable Trusts:</h3>



The flexibility of a revocable trust means you can amend it at any time. Young families, middle-aged professionals, or anyone anticipating life changes may appreciate the flexibility of a revocable trust.



<h2 class="wp-block-heading" id="h-a-closer-look-at-irrevocable-trusts">A Closer Look at Irrevocable Trusts</h2>



Irrevocable trusts are a different ballgame. Once created, they’re locked in. Irrevocable trusts are often a choice for people who want long-term solutions for things like estate taxes or asset protection.



<h3 class="wp-block-heading" id="h-perks-0">Perks:</h3>



<ul class="wp-block-list">
<li>Tax Savings: Assets in the trust aren’t part of your taxable estate.</li>



<li>Asset Protection: Shields your assets from creditors or lawsuits.</li>



<li>Structured Control: Detailed rules govern assets.</li>
</ul>



<h3 class="wp-block-heading" id="h-downsides-0">Downsides:</h3>



<ul class="wp-block-list">
<li>Inflexibility: Changing an irrevocable trust is much more complicated than changing a revocable trust.</li>



<li>Complexity: These trusts require more planning.</li>
</ul>



<h3 class="wp-block-heading" id="h-why-people-choose-irrevocable-trusts">Why People Choose Irrevocable Trusts:</h3>



High-net-worth individuals or those with specific asset protection needs often turn to irrevocable trusts.



<h2 class="wp-block-heading" id="h-revocable-trust-vs-will-how-do-they-compare">Revocable Trust vs. Will: How Do They Compare?</h2>



Here’s the revocable trust vs. will gist: wills are simpler and cost less upfront, but they’re public and go through probate. (Note: pour-over wills are a bit different. Here&#8217;s a short <a href="https://simplytrust.io/3136/wills-vs-pour-over-wills-a-snapshot/">wills vs. pour-over wills</a> breakdown.)



Revocable trusts are private, avoid probate, and let you manage your assets during your lifetime, but they require more effort to set up. (<a href="https://simplytrust.io/2968/contesting-a-trust-vs-contesting-a-will/">Contesting a trust</a> is also a bit harder than contesting a will.)



Think of wills as a one-time roadmap, while revocable trusts are a flexible, ongoing management tool.



<h2 class="wp-block-heading" id="h-trust-vs-will-and-life-stage">Trust vs. Will and Life Stage</h2>



Your life stage matters.



<ul class="wp-block-list">
<li>Young Professionals: A will is often enough. It covers naming guardians for kids and deciding who gets your belongings. Although revocable trusts can evolve over time as needs change.</li>



<li>Growing Families: A revocable trust shines here. It’s flexible and adapts as your family and assets grow.</li>



<li>High-Net-Worth Individuals: Irrevocable trusts can help protect wealth and minimize taxes.&nbsp;</li>



<li>Retirees and Seniors: Revocable trusts offer peace of mind with seamless management, even if you’re incapacitated.</li>
</ul>



<h2 class="wp-block-heading" id="h-the-probate-problem">The Probate Problem</h2>



Nobody loves probate. It’s public, slow, and can eat into your estate. Wills go through probate, but trusts don’t. For example:



<ul class="wp-block-list">
<li>With a will: Your home might sit in probate for months before your kids can inherit it.</li>



<li>With a trust: That same home could transfer to your heirs immediately and privately.</li>
</ul>



<h2 class="wp-block-heading" id="h-what-about-estate-taxes">What About Estate Taxes?</h2>



Wills and revocable trusts won’t help with estate taxes, but irrevocable trusts can. By removing assets from your taxable estate, irrevocable trusts can reduce tax liability, especially for larger estates.



<h2 class="wp-block-heading" id="h-the-trust-vs-will-the-overall-gist">The Trust vs. Will: The Overall Gist</h2>



Wills are simple and straightforward to set up, but they go through probate which is no small thing. Irrevocable trusts are locked in once set up, but they can reduce tax liability, especially for big estates. Revocable trusts are the most flexible. They don’t go through probate, can evolve easily over time and offer the most control over assets.

Asset Management

Real-time Updates

Digitally Establish

Trusts Vs. Wills

Contesting a Trust vs. Contesting a Will

Avoid Probate with a Trust

Trust vs. Will: What’s the Difference?