When a loved one leaves behind both a will and a trust with conflicting terms, it puts you in a difficult position. You want to respect their wishes, but it’s not always obvious which document takes priority or how to move forward without making costly mistakes. Here’s how to sort it out and handle it correctly.
Start by checking which document controls which assets
A trust governs only the assets that were properly transferred into it, and anything left out, whether by oversight or design, falls under the will. If the home, financial accounts or other property were titled in the name of the trust, the trust terms apply. But if those assets weren’t moved into the trust, they likely fall back to the will and proceed through probate.
Understand that the trust usually overrides the will
When both documents speak to the same asset, the trust typically prevails, provided the trust holds legal title. A will cannot revise or nullify an established trust once it’s in effect, so if the asset in question was funded into the trust, Virginia courts will generally enforce the trust’s terms, not the will’s.
Your next steps
Begin by confirming how each asset is titled, and review both the will and trust in full before taking action. Don’t assume either document speaks for everything. If you’re acting as executor, trustee or simply trying to carry out your loved one’s intentions, it’s worth getting legal guidance early. A clear understanding now can prevent unnecessary delays, disputes and stress later on.