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 7834 results
AIG Director Golub will replace Liddy as chairman

American International Group Inc. said today director Harvey Golub will become Monday its non-executive chairman, replacing retiring Chairman Edward M. Liddy. Golub, 70, was elected to the AIG board in May 2009.

RIA NEWS AUG 04, 2009
UBS posts seventh quarterly loss in two years

Hard-hit Swiss bank UBS AG reported another quarterly loss today while France's BNP Paribas posted a 6.6 percent increase in net profit.

What affluent clients are looking for now

Now more than ever, it's important to segment your clients and be sure you are focused on the top 20% to 30%.

24% of advisers are working as part of a team this year

If statistics are any indication, advisers see strength in numbers, according to a recent survey.

AIG sells life insurance premium finance business

Insurer American International Group Inc. said on today that it closed the sale of its life insurance premium finance business for $679.5 million in cash.

RIA NEWS JUL 27, 2009
Banks slapped with $1.65M in fines for improper VA and mutual fund sales by B-Ds

The Financial Industry Regulatory Authority Inc. has slapped Wells Fargo Investments LLC and four other investment firms with $1.65 million in fines for supervisory failures in mutual fund and variable annuity transactions.

IRS kills 72(t) payment correction request

The Internal Revenue Service recently ruled that an improper transfer of funds from an individual retirement account from which the client was taking 72(t) payments triggered the 10% early-withdrawal penalty.

SEC, FDIC heads want new council to be supercop

Key regulators on today broke with the Obama administration, reaffirming their belief that some new powers to monitor big institutions against financial threats should go to an interagency council not the Federal Reserve.

ALTERNATIVES JUL 19, 2009
Ameriprise to pay $17.3M to settle case with SEC

Ameriprise Financial Services Inc. has agreed to pay $17.3 million to settle charges that it received nearly $31 million in undisclosed compensation for selling its brokerage customers real estate investment trusts between 2000 and 2004, according to the Securities and Exchange Commission.

The affluent don't want a sales pitch

The financial health of many affluent families isn't good. That is why most of these families are open to a second opinion regarding their finances.

Blacks, Hispanics lag in retirement savings

Financial firms have bolstered their efforts to help financial advisers connect with minority clients, who typically aren't saving significantly for retirement.

OPINION JUL 12, 2009
It's time to rethink retirement plans

An investment fiduciary's duty of loyalty demands that the investor's best interests guide the decision-making process.

Feds take aim at 401(k) crooks

Amid the economic downturn, 401(k) abuses by plan sponsors are on the rise.

RIA NEWS JUL 12, 2009
Firm launches first U.S. Shariah-compliant ETF

The latest iteration of social and religious investment screens hit the market on the last trading day of June with the launch of the JETS Dow Jones Islamic Market International Index Fund (JVS).

Using client reviews to rebuild trust

Investors are angry, scared and looking for someone to blame for the economic downturn, and unfortunately, advisers often are the scapegoats, bearing the brunt.