How Trusts Help Avoid Probate Delay

Reduce stress and waiting times with lifetime planning

When someone passes away, their estate usually goes through a legal process called probate — where
the Will is verified and assets are gathered, valued, and distributed. It can be a time-consuming and
stressful experience for families, often taking months (or even years) to complete.

But it doesn’t have to be that way. Lifetime Trusts, such as the Family Asset Protection Trust (FAPT),
offer a way to reduce or even avoid probate delays altogether.

What Is Probate — and Why Does It Take So Long?

Probate is the legal process that gives someone (usually the executor) the authority to deal with the
deceased’s assets. It’s often needed to access bank accounts, sell property, and transfer ownership.
Delays can occur due to:

Locating and valuing all assets
Applying for the Grant of Probate
Paying Inheritance Tax
Resolving challenges or complications

For families, this can mean months of uncertainty before they’re able to access funds, settle debts, or
deal with property.

How a Lifetime Trust Can Help

By placing assets — such as your home or savings — into a Trust during your lifetime, they no longer
form part of your estate when you pass away. That means:

No need to wait for probate to access them
Faster and smoother transition for your chosen beneficiaries
Less stress at an already emotional time

Family Asset Protection Trust (FAPT)

This is a type of Lifetime Trust where you move assets (often your home) into Trust while you’re still alive — but you retain control and use of them. After your death, the Trust continues to hold the asset, managed by your Trustees.

Example:
Dionne transfers her home into a Family Asset Protection Trust. She continues to live there as usual. When she passes away, there’s no need for her children to go through probate to deal with the property.

The Trustees — people she appointed — already have legal authority to manage the home, rent it out, or allow a beneficiary to live in it. This avoids months of legal delay and reduces stress for the family.

Key Benefits of Avoiding Probate

Immediate access: Loved ones don’t have to wait to take action
Privacy: Probate is a public process — but Trusts are private documents, not part of the public record
Less paperwork: No need for court approval to handle Trust assets
Continuity: Trustees already have authority to act
Peace of mind: Families avoid bureaucratic delays at a difficult time

Take the First Step

Avoiding probate delays can make a world of difference to your loved ones. Talk to us today about
whether a Family Asset Protection Trust is right for your future plans.