Testamentary Trust Will

A Testimonial Trust is a trust initiated under a discretion that is structured to provide maximum flexibility and to allow the distribution of capital and income, as well as to protect its beneficiaries, such as third-party creditors.

The benefit of a Testamentary trust will be:

  • Flexibility on capital and income allocation
  • Protection of beneficiaries

The Testimonial Trust is sometimes referred to as Will Trust – which can be prepared according to a discretionary trust, Capital Trusts or your needs, similar to the trusts you have made during your lifetime. Our Deceased Estate Lawyers Perth can prepare testamentary trust wills for you or can advise on the advantages and disadvantages of such a will, and whether it is suitable for your circumstances or not.

What If The Same Beneficiary Is Left Out?

A trustee of Testamentary can be your surviving husband or child. If the flexibility is desired, the trustee will control the gift as if he owns the property in trust but enjoy the protection brought by the trust.

    If you want to restrict control, your spouse can do more than the trust properties you can do:

  • Use a third party as a trustee, but still, retain a discretionary trust.
  • Add a third party as a joint trustee with your spouse, but still, use a discretionary belief.
  • Even if there is a trustee, restrict access to capital into trust by allowing only income and/or access to the percentage of the capital you set.

Other special types of trusts (with some special tax relief) are available and if suitable, our Deceased Estate Lawyers Perth can discuss them with you.

For help and advice in matters of testamentary discretionary trusts; Contact our Estate Lawyers to discuss the circumstances. Our dedicated lawyers will conduct your case with care!

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