The Difference Between A Trust Will And An Ordinary Will.

[pattricia 583]

I’ve been told that the difference between a Trust Will and an ordinary will, is that a Trust Will does not have to go to probate after the person who made it has died . Is this correct?

Edited July 27, 2023 by pattricia

[pattricia 583]

Come on you clever guys ! Where’s Jeffrey the solicitor?

[Padders 2,891]

2 hours ago, pattricia said:

Come on you clever guys ! Where’s Jeffrey the solicitor?

Put it in the general discussions section Pat.

Gets a wider audience.

 

 

 

 

 

 

 

 

 

 

 

 

pat

[pattricia 583]

2 hours ago, Padders said:

Put it in the general discussions section Pat.

Gets a wider audience.

 

 

 

 

 

 

 

 

 

 

 

 

pat

Thanks

[Jeffrey Shaw 93]

On 27/07/2023 at 11:31, pattricia said:

I’ve been told that the difference between a Trust Will and an ordinary will, is that a Trust Will does not have to go to probate after the person who made it has died . Is this correct?

WRONG

 

If it's a Will, its contents do not operate unless/until there's a Grant of Probate (or, occasionally, Letters of Administration- which achieves more or less the same effect). A Will might create a Trust, it's true- but any such Trust cannot come into effect until the Testator's death (or later, if the Will says so).

 

A Deed of Trust, on the other hand, is 'inter vivos'- i.e. made between living people. So it's independent of any Will and no Grant of Probate etc. arises.

 

But please do not rely on this post in deciding what to do. I know nothing about your circumstances and you must take independent legal advice appropriate to your needs. My comments are generic only.

[pattricia 583]

2 hours ago, Jeffrey Shaw said:

WRONG

 

If it's a Will, its contents do not operate unless/until there's a Grant of Probate (or, occasionally, Letters of Administration- which achieves more or less the same effect). A Will might create a Trust, it's true- but any such Trust cannot come into effect until the Testator's death (or later, if the Will says so).

 

A Deed of Trust, on the other hand, is 'inter vivos'- i.e. made between living people. So it's independent of any Will and no Grant of Probate etc. arises.

 

But please do not rely on this post in deciding what to do. I know nothing about your circumstances and you must take independent legal advice appropriate to your needs. My comments are generic only.

Thank you this is very helpful.