Wills and Estates Shelley

Family Lawyer - Affordable & Experienced

What is the difference between a will and a trust in Shelley?

The primary difference between a trust and a will is when it becomes active. Wills for example only become active upon the death of the individual that created the will. Trusts are legal arrangements that take affect under specific circumstances. Wills will direct the distribution of the assets by designating heirs and beneficiaries.

At Cicero Legal our Wills and Estate Lawyers provide the following:

  • We will listen to you
  • Assit in will creation process
  • Assist in trust creation process
  • Provide guidance in what aspects should be covered within the documents

Do you need a Will?

What is a Will?

After your death a will is a legal document that will state how your wishes how your assets will be distributed. One of the aspects a will can include is instructions that are to be carried out after your death. These include:  

  • The appointment of an executor of the will
  • Who will be the guardian for any minor children
  • Any directions for your funeral and burial

If a trust is required a will can direct the appointed executor to create a trust a appoint a trustee to hold the assets to the benefit of a particular person. These include minor children that at a specified age will be able to access the trust assets.

What happens if you die without a will?

If you don’t have a will you will lose control over how your assets are distributed and may not have your wishes are fulfilled. The distribution of these assets will depend on the local states laws, that generally will allocate a large portion of the estate to your surviving spouse and the remainder equally among any children. 

Factors that may influence how you would have divided your assets unequally among your heirs will not be considered. The time for these assets to be distributed will be higher and require a qualified adult relative or friend to apply as an administrator. Cicero Legal also provides will and estate planning for Perth.

To ensure that your assets and wishes are carried out how you would want them to be, contact Cicero Legal for a consultation. 

What is a trust?

A trust is created when the financial benefit of property is transferred to a third party while keeping legal ownership and control. They will set the terms for a trustee’s management of the assets.

A trust will cover the following aspects:

  • They name who the grantor or truster and who the trustee will be
  • State the terms for the trustee’s management of the assets
  • Distributions to one or more designated beneficiaries 
  • How the assets will be ultimately be distributed

Types of Trusts:

  • Revocable Trust
  • Irrevocable Trust
  • Special Purpose Trusts
  • Charitable Trusts
  • Special Needs Trusts

Call us today to discuss setting up a trust. We’ll be happy to provide you with a free 15-minute consultation.

Estate Planning Shelley

Estate planning can include both setting up a will and trust as by using both may better suit more complex estates.

When setting up a trust it is important to note that without a will it can present issues when having to distribute assets that are outside of the trust. For large more complex estates it may create an easier pathway to utilise both a trust and will.

  • Wills are less expensive to write and easier to implement however can be contested in probate court
  • By reducing assets held in probate will minimise tax exposure with a irrevocable trust
  • Irrevocable trust transfers the assets out of one’s name, however these are more expensive to draw up and implement


Contact Cicero Legal’s experienced will and estate lawyers for a consultation today.

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