Wills and trusts: how they work together
What a will does that a trust cannot, and how a pour over will ties them together.
What a will does
A will says who receives your property, names the personal representative who settles your estate, and lets parents nominate a guardian for minor children. To take effect, a will goes through probate.
Signing a will in Massachusetts
A Massachusetts will is signed by you and by two witnesses. Most are also made self proving with a notarized affidavit, which lets the court accept the will without tracking down the witnesses later.
The pour over will
When a trust is the center of a plan, the will is usually a short pour over will. It directs anything left in your name alone into your trust, so everything ends up under the trust's terms. Property that pours over still goes through probate first, which is why funding the trust matters.
What neither document controls
Accounts with a named beneficiary, such as life insurance, retirement accounts, and payable on death accounts, go to the person named on the account. Jointly owned property usually goes to the surviving owner. Keeping these designations current is part of any plan.
Common questions
Can I name a guardian in my trust instead of my will?
Guardianship nominations for minor children are made in a will, which is one reason a trust based plan still includes one.
If my will and my beneficiary form disagree, which wins?
For that account, the beneficiary form generally controls.
Check your understanding
Three quick questions. Nothing is saved or sent.
1What does a pour over will do?
It catches property left in your name alone and directs it into the trust, through probate.
2How many witnesses sign a Massachusetts will?
Two witnesses sign, and a notarized affidavit usually makes the will self proving.
3Who receives a life insurance policy with a named beneficiary?
The beneficiary designation generally controls that policy.
Official sources
Keep learning
Everything here is general education about Massachusetts law, written by WisePath Estate Planning. It is not legal advice for your situation, and reading it does not make you our client.