When it comes to securing your family’s financial future, estate planning is a vital step. Two of the most commonly used tools in this process are wills and family trusts. While both are designed to transfer assets after death, they differ significantly in terms of legal protection, flexibility, and succession planning. In many parts of Africa, these differences can have major implications for how smoothly assets are transferred and whether your wishes are fully respected.

In this article, we compare a family trust vs will in the context of estate planning in Africa, exploring their advantages and limitations to help you make the best choice for your family’s future.

Understanding the Basics

What is a Will? A will is a legal document that outlines how a person’s assets should be distributed after death. It allows you to appoint executors, name guardians for minor children, and specify how property, money, and personal belongings should be shared among your beneficiaries.

What is a Family Trust? A family trust is a legal arrangement where assets are transferred into a trust, managed by a trustee for the benefit of beneficiaries. Trusts can be inter vivos (created during your lifetime) or testamentary (created through a will and activated upon death). A living or inter vivos trust is most common for estate planning purposes in Africa.

One of the biggest differences between a family trust vs will is the level of legal protection they offer.

Wills Are Public and Can Be Contested Once a will is submitted to probate, it becomes a public document. This can expose your estate to legal challenges, especially from disgruntled family members who feel excluded or unfairly treated. In some African jurisdictions, customary laws can override the contents of a will, especially in rural communities or traditional families.

Family Trusts Offer More Privacy and Security A trust does not go through probate, meaning it remains a private arrangement. Assets are transferred directly to beneficiaries without the need for court processes, reducing the risk of disputes or delays. This is particularly beneficial in African contexts where family dynamics can be complex, and extended relatives may attempt to intervene in the distribution of an estate.

Winner in Legal Protection: Family Trust

Flexibility: Managing Assets Now and Later

Wills Only Take Effect After Death A will has no power while the testator (the person who made the will) is alive. It cannot manage assets or provide for dependents in case of incapacity or disability before death. Furthermore, any changes to a will must follow strict formalities, which can sometimes be burdensome.

Trusts Can Be Active While You’re Alive An inter vivos trust allows you to start managing and distributing assets during your lifetime. You can appoint yourself as the initial trustee and later transition this role to someone else as you age. You can also set conditions for how beneficiaries access the assets, such as reaching a certain age or fulfilling education requirements. In African families, this flexibility can help ensure that wealth is transferred responsibly, especially when heirs are young or financially inexperienced.

Winner in Flexibility: Family Trust

Succession Planning: Ensuring Continuity

Succession planning goes beyond asset distribution—it involves ensuring your business, property, and family responsibilities continue smoothly after your death.

Wills Can Cause Delays and Disruptions In many African countries, it may take months or even years to finalize probate processes. During this time, your business may stall, tenants may stop paying rent, and family conflicts can erupt over who controls what. This lack of continuity can be detrimental, especially if you are a business owner or landlord.

Family Trusts Ensure Continuity of Ownership and Control Because trusts operate independently of your death, they can continue without interruption. For instance, if your business is owned by a trust, it does not change hands upon your death. The trustee continues managing it according to the trust deed. This makes trusts particularly powerful for African entrepreneurs and landowners who want their legacy to endure without being trapped in legal limbo.

Winner in Succession Planning: Family Trust

Cost and Complexity

Wills Are Simpler and Cheaper to Set Up A basic will is relatively easy and inexpensive to create. You can draft it with the help of a lawyer or even use a template, though professional assistance is recommended for complex estates. However, the costs associated with probate—including legal fees, taxes, and executor commissions—can reduce the value of the estate.

Trusts Require More Upfront Effort and Cost Setting up a trust involves legal and sometimes accounting advice. You’ll need a trust deed, trustee appointments, and asset transfers to the trust. The administrative burden is higher, but it often pays off in the long term by avoiding probate and reducing estate taxes.

Winner in Simplicity and Cost: Will (but with long-term trade-offs)

Considerations Unique to Africa

Customary Law and Heirship In many African countries, statutory law exists alongside customary law. A will can sometimes be invalidated or challenged under customary practices, especially in patriarchal societies where male lineage is prioritized. Trusts, being legal entities, often provide a more secure mechanism to enforce the asset distribution as per your intentions.

Blended Families and Polygamy Estate planning in Africa must often consider polygamous unions or blended families. A will might leave room for contestation by spouses or children not explicitly mentioned. A trust, with clearly defined beneficiaries and trustees, helps reduce ambiguity.

Rural Property Rights Land held under customary tenure systems is often not titled in a way that can be easily bequeathed in a will. In some cases, these assets may not be transferable at all. However, a trust can sometimes provide a legal structure to manage these properties within extended families.

Final Verdict: Family Trust vs Will in African Estate Planning

Category

Winner

Legal Protection

Family Trust

Flexibility

Family Trust

Succession Planning

Family Trust

Simplicity & Cost

Will

While wills remain a popular and practical tool for many, the family trust is emerging as a superior estate planning instrument in Africa. It offers enhanced legal protection, greater control over asset distribution, and continuity that can be critical in maintaining family wealth and harmony. However, for simpler estates or families with minimal property, a will may suffice.

Ultimately, the best solution may be a combination: using a will to cover personal wishes and non-trust assets, while employing a family trust to protect major assets like businesses, real estate, and investments.

Before making a decision, consult an estate planning attorney familiar with both statutory and customary laws in your country. Planning early and wisely ensures that your legacy endures and your loved ones are protected.