Does a Will Override an Irrevocable Trust? Understanding How These Documents Really Work Together

When Estate Plans Collide: Will vs. Trust

It’s a question we hear often at Rutkowski Law:
"If I want to change something later, can’t I just update my will?"

It seems logical—especially if your will is more recent than your trust. But when it comes to irrevocable trusts, that assumption can lead to serious confusion, delays, and even legal disputes.

Let’s set the record straight.

What Happens When You Create an Irrevocable Trust?

An irrevocable trust, once signed and funded, is just that: legally binding and not easily changed. When you transfer assets into it, those assets are no longer considered part of your personal (or probate) estate. Instead, they’re governed by the rules and instructions outlined in the trust document.

This means that your will has no power over those assets, no matter what it says—because those assets technically don’t belong to you anymore. They're part of the trust.

So, Does a Will Override a Trust?

No. A willnever override an irrevocable trust.

If a conflict arises—say your trust leaves your home to your daughter, but your will says it should go to your son—the courts will honor the trust, as long as it was properly funded and valid. Your will only applies to assets that were not placed in the trust.

This is where many families get tripped up. They may update their will and think it changes everything—but without reviewing how it interacts with the trust, that update could unintentionally create contradictions.

The Risks of Conflicting Documents

Even if everything was done with the best intentions, misaligned documents can:

• Trigger unnecessary court involvement
• Delay distributions
• Lead to costly family disagreements
• Undermine your wishes

We’ve seen it happen: a trust and will that aren’t aligned can unravel years of planning.

How to Avoid a Legal Tangle

If you have both a trust and a will, here’s what to do:

1. Review both documents together, not in isolation.
2. Confirm which assets are in the trust and which are not.
3. Make sure your beneficiary designations match your overall wishes.
4. Work with an attorney to ensure everything is coordinated, especially if you've made changes to your family, finances, or estate goals.

At Rutkowski Law, we specialize in helping Michigan families avoid these common missteps. We’ll help you ensure your will and trust are not only valid, but working together the way you intended.

Bottom Line: A New Will Doesn’t Undo an Old Trust

An updated will is important—but it’s not a shortcut for changing a trust that’s already in effect. If you’re unsure whether your documents are aligned or if your trust has been sitting untouched for years, it’s time for a review.

Your legacy deserves clarity. Let’s make sure your plan tells one story—not two.