Can a will be part of a trust?

No, a will is not part of a trust, but a will can transfer assets into a trust if the will includes a pour over provision. And a will can create testamentary trusts.

A last will and testament is its own document. It is not part of a trust. A will guides your personal representative in how to manage your estate after you die. The document exists independently of any trust that you might have.

However, a will can move assets into a trust. When a will moves assets from the estate into a trust, we call that a “pour over will.” A pour over will is typically used in conjunction with a revocable living trust. When used together, a pour over will can ensure that any assets left in an estate can still be used according to the terms of a trust.

A will can also create trusts. When a will creates a trust, we call that trust a “testamentary trust.” A testamentary trust does not come into existence until after you die. All provisions of the trust are located within the will itself. So, even though a will cannot be part of a trust, a trust can be part of a will!

If you are exploring estate planning options and strategies, it might be helpful to sit down with an attorney for a free consultation.