- A will names an executor (an estate trustee), directs who inherits your property, and lets that property pass into your beneficiaries' hands once the estate is administered.
- - All of your intended beneficiaries are adults capable of managing an inheritance responsibly.
- Minor or young-adult beneficiaries A will can include a testamentary trust — a trust that only comes into existence once you die — to hold a minor's inheritance until an age you choose,…
When you start researching estate planning, it doesn't take long before "trust" starts appearing next to "will," often with the suggestion that a plain will isn't enough. For most Ontarians with a straightforward family situation, that's not true — a properly drafted will does the job on its own. The real question is whether your situation is one of the exceptions.
Deciding whether you need a trust in addition to a will comes down to who's inheriting, what shape your family is in, and what you're actually trying to accomplish beyond simply passing property along.
What a Will Alone Actually Does
A will names an executor (an estate trustee), directs who inherits your property, and lets that property pass into your beneficiaries' hands once the estate is administered. For an estate with adult beneficiaries who are capable of managing money and no special protective goal, that's often the entire job — nothing more elaborate is required.
Signs a Will Alone Is Usually Enough
- All of your intended beneficiaries are adults capable of managing an inheritance responsibly.
- No beneficiary receives means-tested government disability benefits.
- Your family situation is straightforward, with no blended-family dynamics you're trying to balance.
- You don't hold assets, like private company shares, where a specialized planning technique offers a real advantage.
- You're not trying to control how or when a beneficiary receives money beyond simply giving it to them outright.
Signs a Trust Might Add Real Value
Minor or young-adult beneficiaries
A will can include a testamentary trust — a trust that only comes into existence once you die — to hold a minor's inheritance until an age you choose, rather than handing over a lump sum the moment they reach the age of majority. This is one of the most common reasons parents of young children add trust provisions to an otherwise simple will.
A beneficiary receiving disability benefits
If a beneficiary receives means-tested disability benefits, an outright inheritance can put that eligibility at risk. A fully discretionary trust — often called a Henson-type trust — is a widely used tool here, because the beneficiary has no fixed, vested entitlement the trustee is obliged to pay out.
Blended families
Where you want a surviving spouse to benefit from your estate during their lifetime, while ultimately preserving something for children from an earlier relationship, a trust can separate "use now" from "own eventually" in a way a simple outright gift can't.
Reducing exposure to probate for specific assets
For estates that include private company shares, using a primary and secondary will — a lawful, long-established Ontario technique — can keep certain assets out of the portion of the estate exposed to Estate Administration Tax. This is a narrower, more technical scenario than most people's situation, but it's a real reason some business owners add planning beyond a single simple will.
Wanting more privacy
A will generally becomes part of the court record once it's probated. A stand-alone trust deed created during your lifetime typically doesn't go through that same public court process, which can matter to families who prefer to keep the details of a specific arrangement private.
A Quick Comparison
| Situation | Will Alone | Add a Trust |
|---|---|---|
| Adult beneficiaries, simple estate | Usually sufficient | Rarely necessary |
| Minor beneficiaries | — | Testamentary trust is common |
| Beneficiary on disability benefits | Risks eligibility | Discretionary (Henson-type) trust often used |
| Blended family | Can create tension | Life-interest style trust often used |
| Private company shares | Full probate exposure | Primary/secondary will planning |
Weighing the Extra Cost
A trust — whether built into your will or set up separately — comes with more drafting complexity and, for a stand-alone trust, its own funding and ongoing administration costs that a simple will doesn't carry. That extra cost is worth it when it solves a real problem for your family; it's not worth adding "just in case" when none of the situations above apply to you.
Frequently asked questions
Can I add a trust to my will later without starting over?
Sometimes, through a codicil or a new will, but any change has to meet the same formal signing and witnessing requirements as the original will. It's often simpler to have your whole plan reviewed together rather than bolting on changes piecemeal.
Does having a trust mean my estate avoids probate entirely?
No — only assets actually placed in a properly funded, stand-alone trust during your lifetime avoid your estate. A testamentary trust created by your will still generally requires your estate to go through the same probate process as the rest of your will.
Is a trust only worth considering for wealthy families?
No. The most common reasons ordinary families add a trust have nothing to do with wealth — a minor beneficiary, a beneficiary on disability benefits, or a blended family — any of which can apply regardless of the size of the estate.
What if I genuinely can't tell which situation applies to me?
That's a normal starting point, not a problem. A short conversation with a lawyer about your actual family situation is usually enough to tell you which side of this decision you fall on.
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