Simple will vs trust will: which do you need?
A simple guide to straightforward wills
Many people assume a will needs a trust. It doesn't. For lots of people, a simple will without a trust is exactly right, as long as you know what it does and does not do.
What a simple will does
It sets out who gets your home, savings and belongings when you die. It lets you:
- Choose who inherits and in what shares.
- Appoint executors, the people who sort out your affairs.
- Name guardians for any children under 18.
Our guide to how to write a will covers what to include and how to sign it.
How a simple will works
With a simple will, people receive their inheritance outright once your affairs have been sorted out.
What happens when you die
- Your executors list everything you owned and owed.
- They deal with any tax and apply for probate if needed.
- They pay your debts.
- They pass on what is left, as your will says.
From then on, it is theirs to use as they wish. Our guide to what an executor does explains more.
Children under 18
Children cannot inherit until they are 18, so their share is held until then and paid in full on their 18th birthday. If you would prefer 21 or 25, your will must say so. You should also name guardians.
Simple will vs trust will: the key differences
The biggest difference is control over what happens to the money after you die.
| Simple will | Will with a trust | |
|---|---|---|
| When they inherit | Straight away (children at 18) | When and how you decide |
| Control after you die | None | Trustees follow your rules |
| Protection from divorce or debt | Limited | Can be greater |
| Means-tested benefits | Can be affected | Can be protected |
| Paperwork | Ends once the estate is shared out | Ongoing records and tax returns |
When a simple will may be right
- The people inheriting are adults you trust with money.
- Your family situation is straightforward.
- You are happy for them to inherit outright.
The limitations of a simple will
Once an inheritance is paid out, you have no say in what happens to it.
- It could be lost in a divorce.
- It could be claimed by creditors or lost in bankruptcy.
- It could affect means-tested benefits.
- It could be spent in ways you would not have chosen.
Couples who leave everything to each other
This works well for many couples, but the survivor then owns everything. If they remarry or change their will, children from the first relationship can be left out. Our blended family wills guide shows how.
When a simple will may not be enough
- You have a blended family or an unmarried partner.
- Someone inheriting is vulnerable or on means-tested benefits.
- You want to protect property or savings for future generations.
Choosing the right will for your family
Start with what you want your plan to achieve.
If your situation is simple and you are happy for people to inherit outright, a simple will may be all you need. If you want more control, a will with a trust is worth considering.
What if you have no will at all?
The law decides who inherits, and the people you would choose may get nothing.
How PJH Estate Planning can help
PJH Estate Planning can talk through your family situation, explain whether a simple will or a will with a trust suits you best, and then write it for you. Find out what you could face in your current situation with our free Estate Health Check: 10 quick questions that show any gaps in your plans. You can visit our offices, or we can visit you at home.
Sources
General information for England and Wales as at October 2026. Not legal, financial or tax advice.