Estate planning is full of terms that can be confusing, especially when some sound alike or are used interchangeably. One common question we hear at Lumsden Law is, “What exactly is a will of trust?” In reality, there is no legal document specifically called a “will of trust.” However, the phrase is often used to describe the relationship between wills and trusts—particularly how they work together as part of a comprehensive estate plan.

Breaking It Down – Will vs Trust 

First, let’s clarify what each term means: 

• A will is a legal document that outlines your wishes for distributing your property after you pass away. It also allows you to name a guardian for your children and specify other final requests. 

• A trust, on the other hand, is a legal arrangement where a trustee holds and manages assets on behalf of a beneficiary. The most common type in Florida is the revocable living trust, which lets you stay in control of your assets during your lifetime while ensuring they pass to your heirs without going through probate. 

When people say “will of trust,” they’re usually referring to a pour-over will—a will that “pours” any leftover assets into your trust upon your passing. This document acts as a safety net for anything you didn’t title in the name of your trust during your lifetime. 

Why Use a Trust in Your Florida Estate Plan 

There are several advantages to using a trust in combination with a will: 

• Avoid Probate: One of the biggest benefits of a revocable living trust is that it avoids the public and often slow probate process. 

• Privacy: Wills become public record when probated. Trusts are private documents, so the details of your estate stay confidential. 

• Control and Protection: Trusts allow you to outline exactly how and when beneficiaries receive assets, which can be helpful if they are minors, have special needs, or are not financially mature. 

• Continued Management: If you become incapacitated, your trustee can manage trust assets without the need for court intervention. 

The Role of a Pour-Over Will 

Even if you have a trust, you still need a will—specifically, a pour-over will. This legal document ensures that any assets you accidentally or intentionally left out of your trust during your lifetime will still be directed into the trust after death. It’s your estate’s backup plan, and in Florida, it’s a critical tool for ensuring nothing is left unaccounted for. 

Do I Need Both? 

Yes. A pour-over will and a trust work best together. Without a will, any assets not titled in your trust could pass under Florida’s intestacy laws, which might not reflect your wishes. Without a trust, your will must go through the probate process. 

When you combine the two, you create a full estate plan that protects you while living and ensures your loved ones are protected when you’re gone. 

What Happens Without a Will or Trust in Florida? 

If you die without a valid will or trust in Florida: 

• Your estate enters probate. 

• A judge will appoint a personal representative (executor). 

• The state’s intestacy laws will dictate who receives your assets. 

• The process can take months or even years, and disputes among heirs can arise. 

Let Lumsden Law Simplify Your Planning 

At Lumsden Law, we simplify estate planning. Our experienced attorneys help Florida families create customized plans, including Trusts vs Wills, power-of-attorney, and more—providing clarity, peace of mind, and expert guidance every step of the way. 

Take the First Step Toward Clarity and Control 
Start your estate planning journey today with a team that understands Florida law inside and out. Contact Lumsden Law for a free consultation and get the tools you need to protect your legacy.