What Is A Testamentary Trust Will And Why Do You Need One?

A testamentary trust will is a legal document that establishes a trust to manage assets and distribute them to beneficiaries upon the death of the will-maker (testator). This type of will is becoming increasingly popular, especially in Perth, Western Australia, due to its numerous benefits and flexibility in estate planning. Testamentary trust wills are crafted with the assistance of skilled wills lawyers in Perth WA, who specialize in estate planning and ensuring that the testator’s wishes are carried out effectively.

So, what exactly is a testamentary trust will, and why do you need one? Let’s delve deeper into this topic to understand its significance and advantages.

What is a Testamentary Trust Will?

A testamentary trust will incorporates one or more trusts that come into effect upon the death of the testator. These trusts are established within the will itself and are designed to hold and manage assets for the benefit of specified beneficiaries. Unlike other types of trusts, which are established during the lifetime of the settlor (the person creating the trust), testamentary trusts are created through the will and only take effect after the testator’s death.

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Key Components of a Testamentary Trust Will:

  1. Testator’s Instructions: The will-maker outlines their wishes regarding the distribution of assets and the establishment of trusts for specific beneficiaries.
  2. Trustee Appointment: The testator appoints a trustee or trustees responsible for managing the trust assets and ensuring they are distributed according to the terms of the will.
  3. Beneficiaries: The will specifies who the beneficiaries of the trusts are and the conditions under which they will receive distributions from the trust.
  4. Trust Terms: The terms of the trust, including its duration, investment strategies, and distribution rules, are laid out in the will.
  5. Contingency Plans: Provisions are made for any unforeseen circumstances or changes in beneficiaries’ circumstances to ensure the trust remains effective and relevant over time.

Why Do You Need a Testamentary Trust Will?

  1. Asset Protection: One of the primary reasons individuals opt for testamentary trust wills is to protect their assets, especially in complex family situations or when beneficiaries may be vulnerable to financial risks. By placing assets in a trust, they can be shielded from creditors, bankruptcy proceedings, or legal claims.
  2. Tax Efficiency: Testamentary trusts offer potential tax benefits, allowing trustees to distribute income and capital gains among beneficiaries in a tax-effective manner. This can help minimize tax liabilities and maximize the amount passed on to beneficiaries.
  3. Control and Flexibility: With a testamentary trust will, the testator retains control over how their assets are managed and distributed even after their death. They can tailor the terms of the trust to suit the unique needs and circumstances of their beneficiaries, including minors, individuals with disabilities, or those who may require ongoing financial support.
  4. Estate Planning: Testamentary trust wills are valuable tools in estate planning, enabling individuals to provide for their loved ones while ensuring that their assets are distributed according to their wishes. They can also help avoid family disputes and minimize the risk of assets being squandered or mismanaged.
  5. Privacy: Unlike assets passing through a standard will, assets held in a testamentary trust may offer increased privacy, as trusts are not subject to probate proceedings, which are public records.

How Perth Wills Lawyers Can Help:

Crafting a testamentary trust will requires careful consideration of various legal and financial factors, making it essential to seek guidance from experienced wills lawyers in Perth, WA. These legal professionals specialize in estate planning and have the knowledge and expertise to draft testamentary trust wills that accurately reflect the testator’s intentions and comply with applicable laws.

Perth wills lawyers can assist with:

  • Legal Advice: Providing personalized advice tailored to your specific circumstances and estate planning goals.
  • Drafting the Will: Drafting a comprehensive testamentary trust will that addresses all relevant aspects, including trust terms, trustee appointments, and beneficiary provisions.
  • Review and Updates: Reviewing existing wills and trusts to ensure they remain up-to-date and making any necessary amendments or updates.
  • Estate Administration: Assisting with the administration of the estate, including probate proceedings and trust management.


Testamentary trust wills offer a range of benefits, including asset protection, tax efficiency, and control over the distribution of assets. By consulting with experienced wills lawyers in Perth, individuals can ensure their estate planning objectives are met and their loved ones are provided for according to their wishes. Whether you’re considering establishing a testamentary trust will in perth or need assistance with estate planning matters, seeking professional legal advice is essential for achieving peace of mind and safeguarding your legacy.

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