Wills vs. Trusts in Massachusetts and New Hampshire: How to Choose the Right Tool to Protect the People You Love

When you begin thinking about estate planning, one of the first questions you may ask is whether you need a will, a trust, or both. You may have heard conflicting advice from friends, social media, or TV “experts,” which can make the decision feel overwhelming. While both wills and trusts play important roles in an estate plan, the real question isn’t which document is better—it’s how to create a plan that actually works for your loved ones under Massachusetts or New Hampshire law.

In this article, you’ll learn the real differences between wills and trusts, how each works in practice in MA and NH, and what you should consider before deciding. More importantly, you’ll see why choosing the right tool is only one part of building a plan that keeps your family out of court, out of conflict, and out of costly mistakes.

What a Will Does—and What It Doesn’t—Under MA and NH Law

A will is often the first document people think of when they think about estate planning. In both Massachusetts and New Hampshire, a will allows you to state who should receive your assets at death and who you want to raise your minor children (also known as naming guardians for minors). However, a will has important limitations that many families don’t discover until it’s too late.

In both MA and NH, a will must go through probate, a court-supervised process that becomes public record. Even though Massachusetts adopted the Uniform Probate Code and New Hampshire has relatively streamlined probate procedures, probate can still take many months (or longer), cost thousands of dollars, and increase the likelihood of family conflict. Further, many lawyers charge hourly for these services, leading to unpredictable cost outcomes.

If you have minor children, a will alone does not ensure their immediate care and often does not name financial guardians (also known as Trustees). Because minors can't inherit directly, they will need a financial guardian. Without additional planning, your children's money could be held up in court.

A will also has no authority during your lifetime. If you become incapacitated, your will does nothing to help your loved ones manage your finances, make medical decisions, or care for you. While powers of attorney and health care documents do operate while you’re alive, they end at death, which often causes confusion.

Because of these limitations, many Massachusetts and New Hampshire families choose to include trusts in their estate plans.

How a Trust Works in Massachusetts and New Hampshire

A trust is a legal structure that can hold your assets during your lifetime and distribute them according to your instructions after your death. In both MA and NH, a properly funded trust avoids probate entirely, allowing your loved ones to manage affairs immediately—without court involvement and without public disclosure. While there are many types of trusts, most families choose simple revocable living trusts designed to avoid probate.

Trusts also provide greater control. You can:

• Protect a child’s inheritance from divorce, creditors, or lawsuits

• Set conditions for distributions based on age or life milestones

• Provide long-term support for loved ones with special needs or addiction challenges

With guidance from an experienced estate planning attorney and regular plan reviews, a trust can evolve as your assets, family dynamics, and wishes change.

One of the most common—and costly—mistakes is assuming that signing a trust is enough. It’s not. In Massachusetts and New Hampshire, assets must be properly funded into the trust. If accounts, real estate, or beneficiary designations are left outside the trust, those assets may still end up in probate, defeating the purpose of the plan.

The true value of a trust-based plan comes from ongoing guidance that ensures everything is titled correctly and kept up to date over time.

Key Factors to Consider When Choosing Between a Will and a Trust

This decision isn’t really about documents—it’s about your goals, your family, and your legacy. Here are key questions to consider if you live in Massachusetts or New Hampshire:

1. Do you want to keep your loved ones out of court?

If privacy, efficiency, and minimizing conflict matter to you, a trust is often the better option. Probate may look simple on paper, but real families often experience delays, legal fees, and emotional strain.

2. Do you have minor children?

A will alone is not enough. You need:

• Long-term and short-term guardian nominations

• Clear instructions to prevent temporary state custody

• Written exclusions for anyone you would never want raising your children

A trust also ensures assets are available for your children’s care—without handing them control too early.

3. Do you own a home or multiple accounts?

Even “modest” estates in MA and NH benefit from trusts. Real estate, retirement accounts, and multiple financial institutions increase the likelihood of probate and lost assets. A trust-based plan paired with an updated asset inventory prevents your life’s work from becoming unclaimed property.

4. Do you want someone you trust to step in if you become incapacitated?

A trust can grant immediate authority to someone you choose, avoiding a court-appointed conservator or guardian—both of which are common in Massachusetts and New Hampshire when planning is incomplete.

5. Do you want long-term protection for beneficiaries?

Trusts can protect inheritances from creditors, lawsuits, divorce, and poor decision-making—protections a will cannot provide under MA or NH law.

What to Do Next

As your trusted advisor, my role isn’t just to help you choose between a will and a trust. It’s to help you create a comprehensive Life & Legacy Plan® that works under Massachusetts or New Hampshire law, keeps your loved ones out of court and conflict, and ensures your wishes are honored.

We also build in systems to review and update your plan over time, so it continues to work when your loved ones need it most—and so our firm can be there for them when you can’t.

If this sounds expensive, consider the alternative: avoidable court costs, family conflict, frozen assets, or loved ones simply not knowing what to do. Thoughtful planning now is far less costly—financially and emotionally—than cleaning up a mess later.

Start with a 15-minute discovery call, where we’ll help you identify your next best steps toward an affordable, effective plan for yourself and the people you love.

Click here to book your discovery call: CLICK HERE or just call us at 978-351-8383.

This article is a service of Legacy Gurus™, a Personal Family Lawyer® firm serving Massachusetts and New Hampshire families. We don’t just draft documents—we guide you to make informed, empowered decisions about life and death for the people you love. That’s why we offer a Family Wealth Planning Session, where you’ll become more financially organized than ever before and make the best possible choices for your family