What is the difference between a will and a trust?
A will is a document that takes effect on your death, directing who inherits and appointing executors and guardians. A trust is an arrangement where trustees hold and manage assets for beneficiaries — which can operate during your life or be created by your will. Many wills contain trusts (for children or vulnerable beneficiaries), so the two often work together.
Detailed explanation
They do different jobs, and frequently combine.
- Will: only operates after death; covers your whole estate; names executors and guardians.
- Trust: can operate in life or death; trustees manage assets for beneficiaries under set terms.
- Will trust: a trust created by your will — e.g. holding money for children until they're older.
A couple's wills leave everything to each other, with a will trust holding the children's share until age 25. The will controls who inherits; the trust controls how and when the children actually receive it.
- Complete the questionnaireA few guided questions about you, your family and your wishes.
- Structured reviewYour answers are checked automatically for completeness and consistency before your will is produced.
- Receive your documentsYour will and supporting paperwork are produced, ready to print.
- Sign correctlyClear instructions on signing and witnessing so the will is legally valid.
- Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.
Sources
- GOV.UK — Trusts and taxes
- GOV.UK — Types of trust
- Trustee Act 2000 — legislation.gov.uk
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
Frequently asked questions
What is the difference between a will and a trust?
A will takes effect on death and directs who inherits, naming executors and guardians. A trust is an arrangement where trustees hold and manage assets for beneficiaries, in life or on death. Wills often contain trusts.
Do I need a trust as well as a will?
Many people need only a will. A trust can help where beneficiaries are young, vulnerable or disabled, in second-marriage situations, or for certain tax and asset-protection planning. A trust often sits inside the will.
Make your will the simple way.
ClearLegacy guides you through a valid England & Wales will online, professionally structured and guided at every step.
Start your will