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Testamentary Trusts

A testamentary trust is a trust forming part of your will which only comes into effect upon your death.

Here are some reasons why you would consider implementing a testamentary trust:

  • You do not trust a beneficiary to use their inheritance wisely

  • You do not want family assets split as part of a divorce settlement

  • You do not want family assets to be available to your beneficiaries’ creditors

  • To save your beneficiaries from paying unnecessary tax

  • The beneficiaries are minors, and you want to ensure they do not receive their entire inheritance in a lump sum as a young adult

  • The beneficiaries have diminished mental capacity or health issues

  • You have a blended family and wish to ensure a fair distribution of assets after your death

We take the time to understand what you are trying to achieve and what you want to avoid. We identify any issues we see arising from your existing estate plan (where applicable) and provide straightforward advice as how those issues can be resolved.

You may find that a simple will adequately meet your needs or you may discover that a comprehensive and strategic review is in order.

There are many important considerations when deciding whether to utilise a testamentary trust and they are not always practical. We view testamentary trusts as an excellent estate planning tool, but contrary to the views of some, they are simply not for everyone.

We will properly consider your circumstances and give you straight advice about whether a testamentary trust is the right option for you.

Get the facts. Get help. Call our award-winning Estate Planning Team.

 

Meet the team

Andrew Smyth

Partner

Sean Powell

Partner

Christine Smyth

Special Counsel

Isabella Phillips

Senior Associate

Connie Ung

Associate

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