Do I Still Need A Will If I Have A Revocable Living Trust In Massachusetts?
Many residents across Gloucester, Rockport, Manchester by the Sea, Beverly, and the entire North Shore ask us a common question: “If I have a revocable living trust, do I still need a will?” The short answer is yes. Even though a trust provides significant advantages—such as probate avoidance, privacy, and smoother asset management—a will remains an essential component of a complete estate plan under Massachusetts law. Without a will, your estate plan may leave gaps that can cause unnecessary stress, expense, and unintended consequences for your family.
We often meet families who believe their trust alone is sufficient. But trusts only control assets that are properly titled in the name of the trust. Many times, people forget to transfer all of their property, or they acquire new assets later in life that never make it into the trust. If those assets are left outside the trust and you do not have a will, Massachusetts intestacy laws determine who inherits them. That may not reflect your wishes.
Why A Will Complements Your Trust
A will is more than a backup—it’s a safety net. The most common form is called a “pour-over will.” Under this arrangement, any assets not already titled in your revocable trust at the time of your death are directed into the trust through probate. This ensures those assets are ultimately governed by the terms of your trust.
Massachusetts General Laws Chapter 190B, § 2-602 sets forth the requirements for a valid will. It must be in writing, signed by the testator, and witnessed by at least two competent individuals. Without a valid will, the Massachusetts Uniform Probate Code applies intestacy rules under M.G.L. c.190B, § 2-101, which may distribute your estate to heirs you never intended.
Naming Guardians For Minor Children
One critical role of a will that no trust can fulfill is the nomination of guardians for minor children. If you are a parent of children under 18, a will allows you to legally designate who should raise them if you pass away. Without a valid will, the Massachusetts Probate and Family Court decides who will serve as guardian, and the judge’s decision may not align with your preferences. This highlights why even families with trusts cannot rely solely on those documents.
Probate And Trust Coordination
Many people establish revocable living trusts to avoid probate. While this is a valid and powerful tool, probate may still become necessary for assets not transferred into the trust. A will simplifies this process by clearly directing how leftover property should be handled. Even if the goal is to minimize probate, the presence of a will ensures that if probate does occur, it happens in an orderly manner with your instructions controlling the outcome.
Massachusetts Law Requires Both For A Strong Plan
Estate planning is not about choosing between a trust or a will. In most cases, the two documents work together. A trust manages assets efficiently during life and after death. A will provides legal authority for guardianship, directs any remaining assets into the trust, and ensures compliance with Massachusetts probate requirements. When combined, these tools create a comprehensive plan that protects your family and your legacy.
For residents across Essex County, the most secure approach is to have both a revocable living trust and a will drafted according to Massachusetts law. That combination reduces disputes, provides clarity, and gives your family peace of mind.
Massachusetts Trust Frequently Asked Questions
What Happens If I Forget To Put An Asset In My Trust?
If an asset is not titled in the trust, it may have to go through probate. A pour-over will ensures the asset is transferred into the trust during probate, keeping your estate plan intact.
Can My Trust Replace My Will Entirely?
No. A trust cannot name guardians for minor children, and it cannot handle every asset unless all are transferred into it. A will remains necessary to address these gaps.
Does A Will Still Go Through Probate If I Have A Trust?
Yes, if assets are outside the trust, your will must be probated. However, a properly funded trust reduces the size of the probate estate, often simplifying the process.
What Is The Legal Requirement For A Valid Will In Massachusetts?
Under M.G.L. c.190B, § 2-502, a will must be in writing, signed by the testator, and witnessed by two individuals. Without these requirements, the will is not enforceable.
Why Is A Pour-Over Will Recommended With A Trust?
A pour-over will acts as a safeguard. It transfers any missed assets into your trust, ensuring all property is distributed according to the trust terms.
If I Only Have A Trust, Who Inherits Property Outside Of It?
Without a will, property outside the trust is distributed under Massachusetts intestacy laws. This means heirs set by statute, not you, control inheritance.
Can I Update My Will Without Changing My Trust?
Yes. Wills and trusts are separate documents. You may update one without the other, but they should be reviewed together to ensure consistency.
Does Having Both A Will And A Trust Increase Taxes?
No. The combination does not create additional taxes. Instead, both documents ensure tax planning strategies are properly carried out under Massachusetts law.
Can A Will Override A Trust In Massachusetts?
Generally, no. If property is legally titled in a trust, the trust governs. But if there is a conflict about assets outside the trust, the will may apply.
How Often Should I Review My Will And Trust?
We recommend reviewing your documents every three to five years, or whenever you experience a major life event, such as marriage, divorce, birth of a child, or significant asset changes.
Call The Sullivan Firm P.C. For A Free Consultation
At The Sullivan Firm P.C., we help families in Gloucester, Rockport, Manchester by the Sea, Beverly, and throughout the North Shore protect what matters most. Even if you have a revocable living trust, a will remains a necessary safeguard under Massachusetts law. Together, these documents create a complete estate plan that avoids gaps and ensures your wishes are honored.
Call The Sullivan Firm P.C. today at 978-325-2721 for a free consultation. Our Gloucester office proudly serves all of Essex County. Let us help you create a plan that protects your family and your legacy.
