Trusts, wills, and other estate planning instruments make it possible for individuals to assert some control over what happens to their assets after they die. An irrevocable trust can actually be created as a gift to a charitable organization and made active while a person is still living in order to garner tax advantages. It can also be set up to not distribute any assets to a beneficiary until the death of the grantor (the person funding the trust). Another option is to have the terms of the trust remain changeable (revocable) during life and become irrevocable upon death. This is called a living trust.

The terms of a will are not enforceable during life. This means the distribution of assets outlined in a will cannot be contested by relatives until the testator dies. One advantage of having a trust in addition to a will is that it is more difficult to contest the terms of a trust. Having a trust set up in advance makes it more likely that a person's final wishes regarding asset distribution will be honored.