You are both right!  (wasn't that diplomatic?)  However, I will respectfully agree with you.  What your husband is describing is a testamentary trust (created in the will).  In Massachusetts a testamentary trust remains under the jurisdiction of the probate court, meaning the trustee, someone you obviously trust to do a good job without much supervision, must spend time and money making yearly accountings to the probate court.  If your children are minors, the court may also appoint a guardian ad litem to review the accounts and determine whether the trust is being administered properly and in the best interest of the beneficiaries.  These requirements create extra work for your trustee, a person who often works for your trust (and your children) without compensation, and can cost the trust (and your children) thousands of dollars a year.  Accordingly, unless you are not sure of your appointed trustee’s abilities to manage the trust effectively and want him to be supervised by the probate court, the better practice is to set up a trust outside of the will, usually known as a “living” or “inter-vivos” trust.  If at all possible, I would 'encourage' you husband to talk to an estate planning attorney about this issue and many others he probably has not thought of.  Good luck, please tell your friends about The Forum.