Every August, National Make-A-Will Month gives you a reason to raise a topic most clients quietly avoid: what happens to their assets, their minor children, and their wishes if they become incapacitated or pass away. It's a low-pressure calendar hook for a high-value conversation and it's one worth having with every client and prospect.
Only about a quarter of American adults currently have a will in place. That statistic alone should tell you how much opportunity sits untouched in your book of business. And for the clients who do have documents, many haven't looked at them in years, meaning a marriage, divorce, new child, relocation, or a sold business may have quietly made their plan obsolete.
This is the misconception worth clearing up first. A will does not avoid probate, the court process that validates a will and oversees how an estate gets distributed. It simply gives the probate court instructions to follow. Without a will or with one that's outdated or improperly executed, a client's estate is settled according to their state's intestacy laws, the default rules a court applies when there's no valid will to follow, and they rarely match what the client actually wanted. That can mean:
Even a well-drafted will still requires probate. The real differentiator is proper use of trusts and other non-probate transfer tools. That’s the only way to actually avoid the delays, costs, and loss of privacy that come with probate. It’s the conversation worth having proactively this August, before a client's family has to learn these distinctions the hard way.
For clients comfortably below current federal and state estate tax exemptions ($15M for individuals and $30M for married couples in 2026, though several states set their own, often much lower, thresholds), the priority is probate avoidance, privacy, and control.
The combination gives most clients a private, efficient, easily updated plan without paying for complexity they don't need.
For clients whose estates may approach or exceed those thresholds or who live in one of the states with a lower state-level exemption (Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New York, Oregon, Rhode Island, Vermont, Washington, or D.C.), the planning conversation shifts toward tax efficiency and multi-generational control.
A testamentary trust is created within the will itself and only comes into existence after death, once the will is probated. It's commonly used to:
Because a testamentary trust is created through the probate process, it doesn't avoid probate the way a funded revocable trust does. For taxable clients, it's often one piece of a broader plan that may also include lifetime trusts or gifting strategies. It remains a foundational tool for controlling distributions and managing tax exposure after death.
Estate planning gaps are one of the few practice risks that are entirely preventable with a proactive nudge and August hands you the calendar-perfect reason to send it.
Sarah McDaniel is head of Enterprise Enablement at Vanilla.
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