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Trusts vs. Wills: A Better Option for Your Children?
For many parents, writing a will is the first step in securing their children’s future. It is a familiar tool, easy to understand, and widely recommended in estate planning conversations. But as family structures grow more complex and assets stretch across borders, is a will enough to provide the control and flexibility that modern families require?
In the UAE, this reality is amplified by the convergence of different legal systems and the increasingly global nature of family wealth. For parents who want more than a one-time set of instructions, the discussion of trusts vs. wills is becoming critical. Often, a trust offers a more robust framework for legacy planning.
Where Wills Can Fall Short
A will’s primary role is to express how assets should be distributed and who should care for minor children. But its power is only realised after a probate process – one that can take months and, in some cases, make the details of your estate part of the public record.
In the UAE, unless a will is registered with a recognised authority like the DIFC or ADGM, its instructions may be overridden by default inheritance rules. These rules can differ significantly from the parents’ wishes.
Even with proper registration, wills are static documents. They reflect your circumstances at the time they were written, but life rarely stands still. Changes in family dynamics, new assets acquired in different jurisdictions, or shifts in personal priorities require updates. Without them, the will may no longer match the reality it is meant to govern.
Trusts Offer More Control and Flexibility
A trust can be established to begin operating immediately, not only after the settlor’s death. This makes it possible to design a plan that unfolds over time, with assets distributed in stages or upon certain milestones.
For example, funds can be made available for education at 18, a first property purchase at 25, and a business investment at 30. The terms can also specify how assets are to be managed until those milestones arrive, ensuring professional oversight and safeguarding against premature depletion.
This level of control is particularly valuable for protecting minor beneficiaries. It allows parents to address not only the “what” and “how much” of an inheritance, but also the “when” and “under what conditions.”
Key Advantages of a Trust:
- Asset Protection: Assets held in trust are generally protected from creditors, legal disputes, and other claims that might arise during a beneficiary’s lifetime. For blended families, trusts can ensure specific assets are preserved for certain children, regardless of future marital changes.
- Privacy: While probate makes the contents of a will public, trusts typically operate confidentially. For high-profile families or those who simply prefer discretion, this is an important factor.
- Faster Access to Assets: One of the practical frustrations with wills is the time it takes for beneficiaries to access assets. Assets in a trust are not part of the probate estate and can be made available more quickly, supporting immediate needs like school fees or living expenses.
Built for a Borderless World
For families who own operating companies, succession planning is more than wealth transfer; it is about keeping the enterprise running smoothly. A trust can clearly set out who will have decision-making authority, how shares will be managed, and what role the next generation will play.
This clarity can also extend to philanthropic commitments. A charitable trust can ensure that long-term projects continue to be funded, with trustees carrying forward the founder’s values long after the initial gift is made.
Combining a Will and a Trust for a Complete Plan
Choosing a trust does not mean discarding the idea of a will. In fact, the two structures work best together. A will can address personal matters and any assets not placed into the trust, while the trust manages the ongoing stewardship and distribution of core assets.
In combination, they provide a more comprehensive plan that balances legal formality with long-term adaptability. To design the right structure for your family, our advisory team can work with you to understand your goals and build a lasting legacy.
In the UAE, legacy planning cannot be lifted wholesale from another jurisdiction. It must be shaped around the family’s values, while accommodating the realities of a globalised balance sheet.
For some, this means integrating Sharia-compliant structures into a broader cross-border plan. For others, it involves using foundations or trusts to protect assets, while maintaining control mechanisms that reflect the founder’s philosophy.
The most successful transitions are neither purely traditional nor purely modern. They take the discipline of governance from global best practices and anchor it in the cultural context of the family. They preserve the principles that built the wealth while allowing the flexibility to meet the opportunities and risks of the next economy.
The future of wealth management lies in a hybrid model, where AI and human expertise work in tandem to deliver superior outcomes. AI tools serve as an extension of the advisor’s capabilities, enabling them to focus on high-value tasks while automating repetitive ones. We will increasingly see a new pattern over the next decade, where an advisor might use AI to identify trends in a client’s portfolio but rely on their own judgment to tailor the recommendations to align with the client’s broader life goals.
As firms adopt AI-driven platforms, they must do so with a clear understanding of their strengths and limitations. Investors, too, should be cautious not to rely solely on technology.