Estate planning is a critical yet often neglected aspect of financial and family well-being. In India, most people only think about preparing a will later in life, and even fewer consider setting up a trust deed. However, both are valuable legal tools that serve different purposes, and choosing the right one—or using both—can secure your legacy and prevent future disputes.
In this comprehensive guide, we break down the key differences between a trust deed and a will, their respective advantages, and how to choose the right instrument for estate planning in India.
What Is a Will?
A will is a legal declaration by which a person, known as the testator, appoints one or more persons as executors to manage their estate and declares how their assets are to be distributed after death.
Key Features of a Will:
- Comes into effect only after the testator’s death
- Can be modified or revoked anytime before death
- Must be signed by the testator in the presence of at least two witnesses
- Will registrationis optional but highly recommended for legal validity
A will provides clarity to surviving family members and prevents unwanted legal battles over property and wealth.
What Is a Trust Deed?
A trust deed is a legal document that creates a trust, allowing a settlor (the person creating the trust) to transfer assets to trustees for the benefit of beneficiaries. Unlike a will, a trust can come into effect during the lifetime of the settlor (living trust) or after their death (testamentary trust).
Key Features of a Trust Deed:
- Comes into effect immediately(for living trusts)
- Assets are transferred to the trust while the settlor is alive
- Trustees manage and distribute assets as per the deed
- Often used for minors, differently-abled beneficiaries, or long-term asset control
Trust deeds are commonly used in private, public, and family estate planning in India to retain control and avoid probate delays.
Trust Deed vs Will: A Detailed Comparison
| Feature | Trust Deed | Will |
| Activation Time | Immediate or post-death | After death only |
| Probate Requirement | Not required (if trust is registered) | Mandatory for property under will |
| Privacy | Confidential | Becomes public after probate |
| Revocability | Can be revocable or irrevocable | Always revocable till death |
| Asset Transfer | During lifetime | After death |
| Use Cases | Minors, disabled, asset protection | General distribution of property |
When Should You Choose a Will?
A will is ideal if:
- Your assets are relatively simple (e.g., one home, fixed deposits, and gold)
- You wish to retain full control of your property until death
- You want to avoid the complexity and expense of creating a trust
- Your beneficiaries are mature and capable of handling inheritance
In such cases, will registration ensures authenticity and makes it easier for your family to execute it after your passing.
When Is a Trust Deed Better?
A trust deed is beneficial if:
- You want to control how assets are used after your lifetime
- You have minor or financially irresponsible heirs
- You want to reduce inheritance tax and avoid probate
- You wish to make charitable donations or support a cause
- You own complex or high-value assets like business interests or multiple properties
Trusts are also helpful in protecting family wealth from legal disputes, creditors, and business liabilities.
Can You Use Both a Will and a Trust?
Yes. In fact, many individuals use both to ensure a comprehensive estate planning structure. For instance:
- Create a trust deedto manage and distribute key assets like properties or business shares
- Draft a willto allocate personal effects or residual assets not included in the trust
This hybrid approach offers the flexibility of a will with the control and protection of a trust.
Legal Aspects of Registration
Will Registration:
- Though optional under Indian law, it is advisable to register a will with the Sub-Registrar’s office to eliminate future challenges.
- Once registered, the will cannot be tampered with or lost easily.
Trust Deed Registration:
- Private trusts (for family or dependents) do not require registration unless immovable property is included.
- Public charitable trusts must be registered under the Indian Trusts Act or relevant state laws.
In both cases, it’s essential to consult legal professionals to ensure that documents are drafted and executed correctly.
How Jai Gajanan Associates Can Help
At Jai Gajanan Property Advisor LLP, we simplify the complexities of estate planning in India by offering professional services for:
- Drafting and registration of wills
- Creation of trust deeds(revocable and irrevocable)
- Property documentation and asset transfer
- Legal heirship certificates and succession planning
- Probate filing and dispute resolution
With over 25 years of expertise in family, estate, and property legal services, we ensure that your legacy is protected and your family’s future is secure.
Estate planning isn’t just for the wealthy—it’s a smart, responsible step for anyone who owns property, has dependents, or wishes to avoid family disputes. While a will gives you the freedom to plan distributions after death, a trust deed provides enhanced control, privacy, and continuity.
Understanding both tools will help you make an informed decision based on your goals, family structure, and financial assets.
Ready to plan your legacy with confidence?
Let Jai Gajanan Associates help you create a tailored estate plan—be it through a legally sound trust deed, secure will registration, or complete advisory on estate planning in India.
