Why A Last Will and Testament is Still Used

When clients ask for a Will, two things come to mind. First, I wonder if they truly need a Will. Or are they really asking for full estate planning? Estate planning offers more coverage and control.

Second, I picture those old scrolls with fancy writing. They still show up now and then. But most people use modern legal documents today.

We even wrote a post about how Wills have changed. Check it out: Last Will and Testament: Modernized.

What a Will Actually Does

A Will helps transfer your belongings after death. It also lets you say what should happen to your remains. But a Will does not help you skip Probate. Probate is a long, costly court process. It’s even worse if you own a home.

Wills also lack flexibility. They don’t offer the planning options a Trust does. Want to learn more or make one yourself? Watch our video: “How to Make a Free Will.” So if Trusts do more, why do Wills still matter?

Wills Can Move Property Into Your Trust

Wills still play an important role. They help move things into your Trust after you pass. That matters when you didn’t move everything ahead of time. Here’s an example.

You buy a scratch-off ticket. You scratch it and win millions. Then, you have a heart attack and die. The ticket is still yours. But it isn’t in your Trust.

Your Will can move it there. We call this a Pourover Will. We still need to open Probate. But once that’s done, your Trust takes over. It gives more flexibility than a Will alone.

What If You Have a Trust but No Pourover Will?

This can lead to problems. In the example above, the ticket follows state law. Not your plan. We have to prove you meant to put it in the Trust. That’s hard to do without written proof.

Even worse, someone you didn’t include could inherit. Let’s say you disinherited your son. He married into wealth. So you left everything to your daughter. She works as a public servant. If the ticket is in your Trust, she gets it. If not, your son could take half. That’s not fair. And it’s not what you wanted.

Final Thoughts

Wills may feel old-fashioned. But they still serve a purpose. They help protect your wishes. They support your Trust. No calligraphy. No dusty scrolls. Just clear, modern tools that work.

Schedule your free 20-minute consultation today. We’ll help you create a plan that fits your life