GLOSSARY

trust

When Robin Williams and Joan Rivers died in 2014, they had already taken steps to look after their families by setting up trusts. That didn't happen by accident – it required careful planning, diligence, and close work with their estate lawyers and financial advisors.

Is it time to talk to your clients about setting up a trust? Use this article as a framework for that conversation. We'll go over what a trust is, what the different types are, and how to make it part of a solid estate plan.

What is a trust?

A trust is a fiduciary relationship where one party – the grantor – gives a second party, the trustee, the right to hold title to property or assets. The trustee holds these assets on behalf of a third party called the beneficiary.

These three parties are named in a trust, and each has a specific role:

  • the grantor makes the initial decisions
  • the trustee manages the assets
  • the beneficiary eventually receives distributions

While trusts are considered an investment vehicle, they are primarily a legal entity that names these three parties and their responsibilities.

A trust contains two main components:

  • principal: assets such as cash, stocks, bonds
  • income: what those assets earn over time; for example, interest, dividends, royalties

Trusts serve important estate planning goals, such as reducing taxes. But here's the key benefit: trusts typically avoid probate, which saves time and money. And for your high-profile clients, avoiding probate means records are kept private.

We'll go over other benefits of trusts in a later section.

Revocable vs. irrevocable trusts

These are the two broad categories of trusts. Most clients start with revocable trusts, and some eventually use irrevocable trusts for specific tax goals.

Revocable trusts

Revocable trusts, also called living trusts revocable living trusts, are created during the grantor's lifetime. The grantor can:

  • change the trust at any time
  • terminate it completely
  • add and remove assets freely

The grantor has full control of the trust. This means having free access to the assets in the trust. This flexibility is the main appeal. They can adjust the plan as circumstances change.

With that flexibility comes one restriction: a revocable trust is subject to estate taxes. Since the grantor controls and benefits from the assets, the IRS includes them in the taxable estate. In effect, a revocable trust is primarily a probate avoidance tool.

Irrevocable trusts

An irrevocable trust works differently; once it has been set up, it cannot be changed at all. This restriction comes with these benefits:

  • federal estate taxes are reduced
  • assets in the trust are shielded from creditors and lawsuits
  • probate is avoided (just like revocable trusts)

A client who sets up an irrevocable trust loses control forever. They cannot access the money for personal needs later. This permanence calls for careful planning. Read our guide on irrevocable trusts for more.

Other types of trusts

There are other options to discuss with clients, depending on what type of trust suits their needs best. Here are a few of them:

  • Marital trusts (also called "A" trusts) provide benefits to a surviving spouse. Assets, along with income from those assets, transfer into the trust when one spouse dies. When the surviving spouse dies, the principal passes to the couple's heirs
  • Bypass trusts (also called credit shelter trusts) help married couples maximize their estate tax exemptions. A bypass trust lets both spouses use their full exemptions. The surviving spouse receives income from the trust; when that spouse dies, trust assets pass to their heirs, minus estate taxes
  • Charitable remainder trusts allow the grantor or their beneficiaries to receive income for a defined period. After that period ends, whatever remains goes to specified charities
  • Charitable lead trusts work differently. Charities receive income first. Then the grantor's family gets the remainder
  • Special needs trusts help clients provide financial support to disabled family members. They allow beneficiaries to receive additional support without losing government benefits like Medicaid. The trustee distributes money for expenses that government
  • benefits don't cover
  • Spendthrift trusts control when and how beneficiaries receive distributions. Clients use these when they worry that beneficiaries will be reckless in spending inherited assets. Instead of giving cash, the trustee might pay a beneficiary's rent, medical bills, or education expenses directly
  • Irrevocable life insurance trusts (ILIT) hold life insurance policies. When the grantor dies, insurance proceeds fund the trust. This keeps the proceeds out of the taxable estate while providing immediate liquidity
  • Grantor retained annuity trusts (GRATs) help reduce taxes on significant gifts to family members. The grantor funds the trust and receives annuity payments for a specified period. After that period, remaining assets pass to the next generation with little or no gift tax

These are just a few of the strategies you can take when discussing estate planning with your clients.

Trust vs. will

In 2024, a survey on estate planning found that respondents knew the basic differences between trusts and wills but missed out on the small but important details. This presents an opportunity for advisors like you to educate clients on trusts and wills.

A will = a letter

A will is a legal document that directs who receives assets after death. Think of it as your client's instruction letter to the court – a will:

  • names beneficiaries
  • appoints an executor to settle the estate
  • designates guardians for minor children

Here's a downside: a will goes through probate court. It is reviewed by a judge but can be contested by others, such as family members excluded from the will. The entire process becomes public record. Anyone can access the will and see what was owned and who inherited what.

Probate involves costs. Court fees and attorney fees reduce what beneficiaries stand to receive. The process takes time. In many states, it can take months or even years.

A trust = a legal contract

A trust, meanwhile, is a legal contract. It can operate during the grantor's lifetime. Assets held in a trust bypass probate entirely, so beneficiaries access assets much faster. The process remains completely private. Court involvement is minimal or nonexistent.

Trusts offer control that wills cannot match. The grantor can specify exactly when distributions take place. They can specify to whom distributions go. They can leave everything to a spouse or split assets between spouse and children. They can stagger distributions based on age.

Here's one big difference: Wills only work after death. Unlike irrevocable trusts, wills and revocable living trusts can be updated. They should be reviewed and revised after major life events:

  • marriage
  • divorce
  • a death in the family
  • the birth of a child or grandchild
  • falling out with a family member or trustee

The best practice is to use both wills and trusts. A trust delivers efficiency, privacy, and control for key assets; a will names guardians and ensures everything else follows the same plan.

Feature Will Trust
What it is Instruction letter to the court Legal contract
Takes effect After death only During lifetime or after death
Probate Yes – court reviews and approves No – bypasses probate
Privacy Public record Private
Time to settle Months to years Much faster
Cost Court fees, attorney fees Minimal ongoing costs
Can be changed? Yes (anytime before death) Yes (revocable trusts)No (irrevocable trusts)
Names guardians Yes (minor children, pets) No
Controls timing Limited – all at once after death Precise – by age, purpose, conditions
Incapacity planning None Yes – successor trustee steps in
Best for Naming guardians, catching leftover assets Major assets, privacy, control, avoiding probate

 

Why clients need trusts: key benefits

Trusts aren't just for the ultra-wealthy; they are recommended for anyone who:

  • owns a home or other significant assets in their own name
  • has savings or investment accounts they want to pass on efficiently and privately
  • wants more control over how and when beneficiaries receive assets (for example, by age, milestones, or specific purposes)

If your client meets the conditions above, here are some reasons to set up a trust:

  • Probate avoidance allows assets to pass to beneficiaries quickly and without court involvement. This saves time, money, and eliminates public disclosure of the client's estate
  • Control over distributions lets clients specify exactly when and to whom assets pass. Clients can direct funds for specific reasons, stagger distributions by age, or condition money on certain achievements
  • Asset protection shields assets from creditors of beneficiaries. Irrevocable trusts can also protect assets in divorce situations
  • Support for vulnerable family members is critical for clients with disabled loved ones or beneficiaries who lack money management skills
  • Tax reduction through irrevocable trusts removes assets from the taxable estate and can reduce federal estate taxes for wealthy clients

How trusts fit into an estate planning strategy

Trusts are fundamental to comprehensive financial planning. They offer control, privacy, and probate avoidance for clients. For independent advisors and RIAs, understanding how a trust works helps you guide clients through important decisions.

Your role includes understanding trusts even if you don't create them. Help clients recognize when a trust makes sense. Know when to refer to professionals. Coordinate your financial advice with their legal strategy. The best estate plans integrate financial planning, tax strategy, and legal structure seamlessly.

Trusts aren't exclusively for ultra-wealthy clients. Any client with substantial assets or specific control goals should consider one. With proper planning, a trust becomes the centerpiece of a solid estate plan.

Read more news about trusts on InvestmentNews

Displaying 7849 results
Former brokers say breaking away to be RIA went better than they feared
WIREHOUSES JUL 02, 2019
Former brokers say breaking away to be RIA went better than they feared

TD Ameritrade Institutional survey predicts continuation of trend toward independence

Vestwell adds two female fintech leaders to its board
FINTECH JUL 02, 2019
Vestwell adds two female fintech leaders to its board

Riskalyze chairman Lori Hardwick, Goldman exec Rana Yared joining the retirement fintech's board of directors.

The perils of do-it-yourself IRA transactions
IRA ALERT JUL 02, 2019
The perils of do-it-yourself IRA transactions

A $20,000 Roth conversion turns into a $2 million tax disaster, demonstrating why clients need advisers for critical IRA moves.

3 things to consider when advising blended families
3 things to consider when advising blended families

Not addressing important financial issues before deciding to combine two households can lead to a disaster.

Galvin smacks LPL with $1.1 million fine
Galvin smacks LPL with $1.1 million fine

LPL's latest penalty from Massachusetts derives from not properly registering brokers.

Young leaders, take note of these three key qualities
RIA NEWS JUN 22, 2019
Young leaders, take note of these three key qualities

Leadership is not easy, but adhering to these fundamentals will set you on a path to greatness.

Finra censures, fines Citigroup over UIT sales violations
RIA NEWS JUN 21, 2019
Finra censures, fines Citigroup over UIT sales violations

For failing to credit discounts to customers, Citi will pay $377,000.

Financial planning for same-sex couples has changed immensely since 2015 Supreme Court marriage ruling
Financial planning for same-sex couples has changed immensely since 2015 Supreme Court marriage ruling

The Supreme Court upheld same-sex marriage. What does this mean for married and unmarried gay couples now?

4 things to look for when picking an ESG manager
MUTUAL FUNDS JUN 19, 2019
4 things to look for when picking an ESG manager

The challenge is identifying which ESG products are leveraging meaningful data and analysis in a thoughtful way, consistent with the investor's philosophy.

Tax considerations when gifting stock
MUTUAL FUNDS JUN 19, 2019
Tax considerations when gifting stock

Before gifting stocks to friends and family, investors and advisors should consider the tax implications.

New sources for data on model portfolios could help increase adviser adoption
RIA NEWS JUN 18, 2019
New sources for data on model portfolios could help increase adviser adoption

Two firms seek to make it easier for advisers to evaluate models.

Lessons for those 'graduating' to retirement
OPINION JUN 13, 2019
Lessons for those 'graduating' to retirement

For many retirees, the struggle isn't having enough money, but confidently spending what they've worked so hard to accumulate.

The truth about family office jobs
The truth about family office jobs

Two recruiters talk about the upsides and downsides, from trips on superyachts to learning to buy racehorses.

As Uber sets sights on fintech, it could bring retirement saving and advice to the gig economy
FINTECH JUN 12, 2019
As Uber sets sights on fintech, it could bring retirement saving and advice to the gig economy

The massive and growing market is underserved by Wall Street, but Silicon Valley sees opportunity.

Finra bars former UBS rep involved in trading away investigation
RIA NEWS JUN 12, 2019
Finra bars former UBS rep involved in trading away investigation

Nicolas Barrios refused to take part in inquiry over private company he founded.