Can a Trust Override a Will in California?

When it comes to estate planning in California, two of the most common legal tools people use are a Will and a Trust. Both serve to ensure your assets are distributed according to your wishes after your death, but they have different functions, and sometimes, people wonder if one can override the other. Specifically, can a trust override a will in California? The short answer is: yes, but with some important nuances.

Let’s break this down to understand how and why this happens, and what you should consider when creating your estate plan.

Wills vs. Trusts

Before delving into whether a trust can override a will, it’s essential to understand what each document does.

• A Will is a legal document that specifies how a person’s assets and property should be distributed upon their death. It only takes effect after death and must go through a legal process called probate. During probate, the court ensures the will is valid, the decedent’s debts are paid, and the property is distributed to the decedent’s heirs or beneficiaries.

• A Trust is a legal arrangement where a person (the settlor or grantor) transfers their assets into a trust managed by a trustee for the benefit of the trust’s beneficiaries. A trust takes effect immediately and avoids the probate process entirely. There are different types of trusts. Trusts can be revocable or irrevocable.
  

How a Trust Can Override a Will in California

In California, a revocable living trust is often used to avoid probate and maintain privacy regarding an individual’s estate. When you create a revocable trust, you generally transfer your property into it during your lifetime. If you do this, the trust document becomes the primary instrument for distributing your assets upon your death, even if you also have a will in place.

A trust can override a will in terms of distributing assets, especially if the same assets are addressed in both the trust and the will. This is because the assets placed in the trust are governed by the trust’s terms and not by the will. The distribution instructions in the trust document take precedence over any conflicting instructions in a will.

For example, if you have a trust that includes a piece of real estate and your will also specifies that the same property should go to a different beneficiary, the instructions in the trust will override the will. The trustee will distribute the property according to the terms of the trust, not according to the will.

What Happens If There’s a Conflict Between the Trust and the Will?

Even if a trust overrides a will, conflicts can arise if the documents don’t align. For example, if a will includes instructions about assets that are not in the trust, those instructions will still be valid, as the will governs assets that aren’t part of the trust.

However, if the will and the trust both cover the same assets and contradict each other, the trust generally prevails because the assets are legally considered part of the trust.

Why Would Someone Use Both a Will and a Trust?

In California, many people use both a will and a trust as part of their estate planning strategy. Even if you have a trust, you still need a will for two main reasons:

1. Avoiding Probate: After a settlor’s death, even if they created a trust, the successor trustee must still lodge their will with the probate court. Their will typically states that their trust will be handling the estate administration. Avoiding probate saves time and money.
2. Residual Assets: A will is used as a “catch-all” document for any assets that were not transferred into the trust before death. These assets would pass to the decedent’s heirs according to the will’s terms.

Can a Trust Be Overridden by a Will in California?

While a trust generally prevails over a will, the reverse situation can happen if the trust itself is improperly drafted or if someone challenges the validity of the trust after the settlor’s death. In rare cases, a court may decide that the trust should not be upheld or that its terms should be modified.

What to Do If a Will and Trust Conflict 

If there is a conflict between a will and a trust and hence potential for litigation, it’s imperative to seek counsel from an experienced trust and estate litigation attorney. They can review the documents and guide you to the best legal strategy to protect your interests. 

When creating an estate plan, it’s essential to work with an experienced estate planning attorney who can help you create an estate plan that best fits your needs. Properly coordinating a will and a trust ensures that your wishes will be carried out smoothly and without unnecessary conflict.

If you have any questions regarding “Can a trust override a will in California”, feel free to contact our law firm. 

Law Offices of Daniel A. Hunt

The Law Offices of Daniel A. Hunt is a California law firm specializing in Estate Planning; Trust Administration & Litigation; Probate; and Conservatorships. We've helped over 10,000 clients find peace of mind. We serve clients throughout the greater Sacramento region and the state of California.