When people come to me to start estate planning, one of the first questions I hear is:
“Do I even need a will if I’m doing a trust?”
It’s a fair question—and an important one.
Because while a will may not be the only document in your plan, it is still one of the core documents. And understanding what it actually does (and just as importantly, what it doesn’t do) is what helps everything else work the way it’s supposed to.
Let’s walk through this in a practical, real-life way.
What a Will Actually Does
At its core, a will is a set of instructions that answers a few key questions:
- Who is in charge of handling your estate (your executor)
- Who receives anything that is in your name alone when you pass
- Who will serve as guardian for your minor children
- How final expenses, taxes, and administrative details should be handled
That’s it.
A will is not a “catch-all” for everything you own—and that’s where a lot of confusion starts.
What a Will Does Not Control
This is the part that surprises people.
A will only controls assets that are:
- in your individual name
- with no beneficiary designation
That means your will does not control:
- Retirement accounts (401(k), IRA)
- Life insurance
- Accounts with POD/TOD designations
- Assets titled in a trust
Those pass outside of your will, directly to the named beneficiary or the trust.
This is why I always say:
Your estate plan is not just your documents—it’s how everything is titled and coordinated.
The Role of a Will in a Trust-Based Plan
Even if you have a revocable living trust, you still need a will.
In that case, your will becomes what we call a pour-over will.
Its job is simple:
- Anything that was not properly titled in the trust gets “poured over” into the trust at your death
It’s essentially your backup plan.
And it also handles one thing your trust cannot:
👉 Naming guardians for minor children
That alone makes it a core document.
Why This Matters for Northern Virginia Families
Here in Northern Virginia, most families I work with have:
- a home
- retirement accounts
- growing assets and increasing complexity over time
A will ensures:
- someone you trust is in charge
- things don’t default to the court’s standard process
- your children are cared for by the people you choose
Without a will, Virginia law decides:
- who administers your estate
- who inherits
- who may be appointed as guardian
And that process is not designed around your family—it’s designed around default rules.
Choosing the Right Executor
Your executor is the person who will:
- gather your assets
- pay debts and expenses
- handle probate
- distribute what remains
In practice, this is an administrative role that requires:
- organization
- follow-through
- the ability to communicate with professionals
This doesn’t always have to be the same person as your trustee—but it often is.
The key is choosing someone who can actually do the job, not just someone you feel obligated to name.
Guardianship: One of the Most Important Decisions
If you have minor children, this is the part of your will that matters most.
Your will allows you to:
- name who you want to raise your children
- name a backup
- avoid leaving that decision entirely to a court
This is not a decision you want to leave open-ended.
And just as importantly, it’s one you should revisit over time as:
- relationships evolve
- children grow
- circumstances change
Common Mistakes I See with Wills
These are the things that come up again and again:
1. Thinking the will controls everything
It doesn’t—beneficiary designations and titling matter just as much.
2. Naming minor children outright
A will alone doesn’t create structure for how assets are managed for them long-term.
3. Not updating after major life changes
Marriage, divorce, new children, changes in assets—all of these should trigger a review.
4. Choosing the wrong executor
This is a practical role, and it should be treated that way.
5. Assuming “simple” means “complete”
Even straightforward estates benefit from thoughtful planning.
How to Know If Your Will Is Still Working for You
A will is not something you sign once and forget.
It’s worth revisiting if:
- you’ve had a child (or are expecting)
- you’ve moved states
- your financial picture has changed
- you’ve created a trust but never coordinated everything
- it’s been a few years since you’ve looked at it
The Bigger Picture
A will is just one piece of your estate plan—but it’s a foundational one.
It:
- fills in the gaps
- protects your family
- gives structure to everything else
And when it’s coordinated with your trust, your beneficiary designations, and your overall plan, it becomes part of a system that actually works.
Final Thought
If you’ve been meaning to revisit your plan—or you’re not quite sure how your will fits into everything else—you’re not alone.
This is exactly why I created this series.
Next week, we’re staying with C is for Core Documents and shifting into Part 2: Trusts—where we’ll talk about how trusts actually function and when they make sense.
Mary Ellen Bowman is the founder and Principal Estate Planning Attorney of The Bowman Firm, a Northern Virginia based firm focused on providing clear, strategic guidance to help families make confident decisions and avoid costly mistakes.