Can a Will Override a Trust?

A will can’t override an existing trust and cannot be used to manage assets already held in a trust. Assets placed in a trust belong to the trust rather than the estate of the person who died, which means they do not have to meet the terms indicated in a will. The terms of the will are only applicable to assets that remain in the estate. Assets in a trust are legally owned by the trust and are not impacted by the terms of the will. It is important to note that someone can indicate in their will that they would like certain assets from their estate to be transferred into a trust, whether the trust already exists or a new trust needs to be established. 

Although wills and trusts are generally used together in estate planning, it is possible for them to conflict in certain circumstances. When conflicts exist between a will and a trust, the instructions in the trust will prevail over the will. For example, suppose the will indicates that the person who died wishes property such as the family home to be distributed to specific relatives or loved ones. If that same property is included in the trust, the property would be distributed according to the instructions of the trust since it would be a legally owned asset of the trust rather than belonging to the estate. 

Wills and trusts are not intended to supersede each other. Individuals who are in the process of estate planning are encouraged to work with experienced professionals to avoid any potential legal conflicts. Working with an established estate planning lawyer will ensure that trust, will and other important documents are formulated in a consistent manner that will reduce the risk of conflict. 

Sources

“Does a Will Override a Trust?” SmartAsset. https://smartasset.com/estate-planning/does-a-will-override-a-trust 

“What Happens When a Will and a Revocable Trust Conflict?” Investopedia. https://www.investopedia.com/ask/answers/060915/what-happens-when-will-and-revocable-trust-conflict.asp