Testamentary Trust Will

A testamentary trust will is a powerful way to protect your family, preserve wealth and give your beneficiaries more flexibility after you pass away.

Our testamentary trust will lawyers prepare clear, practical and legally sound wills that help ensure your estate is managed in the right way, by the right people, for the right reasons.

Whether you want to protect your children, improve tax flexibility for your family or reduce the risk of future disputes, we help you prepare a will that reflects your wishes.

What is a testamentary trust will?

A testamentary trust will is a will that creates one or more trusts after you pass away. Instead of your estate passing directly to your beneficiaries, some or all of your assets can be held in a trust for their benefit.

This can provide greater control, protection and flexibility. For example, a testamentary trust can allow a trustee to manage an inheritance for children or family members who may need help managing money.

It can also give adult beneficiaries flexibility in how income and capital are distributed, which may assist with tax planning and asset protection.

How is a testamentary trust different from a simple will?

A simple will usually gives assets directly to your beneficiaries. Once the estate is distributed, those assets generally become the beneficiary’s personal property.

A testamentary trust will is different because it can hold assets within a trust structure. This may help protect the inheritance from risks such as:

relationship breakdowns;
creditor claims;
poor financial decisions; or
a beneficiary’s personal vulnerabilities.

A simple will may be suitable for straightforward estates. A testamentary trust will is often more appropriate where you want stronger protection, more flexibility or a longer-term estate planning structure.

Who should consider a testamentary trust will?

You should consider a testamentary trust will if you have:

children;
blended family arrangements;
significant assets;
business interests;
vulnerable beneficiaries; or
concerns about a beneficiary’s financial position.

It may also be suitable if you want to give your beneficiaries the option of receiving their inheritance through a trust rather than directly in their own name.

Not every estate requires a testamentary trust. We help you weigh the benefits, costs and practical issues so your will is properly tailored to your family and your assets.

What are the benefits of a testamentary trust will?

A testamentary trust will can provide asset protection, tax flexibility and greater control over how your estate is managed.

It can be particularly useful where a beneficiary is:

young;
financially inexperienced;
exposed to business or creditor risk;
going through a relationship breakdown; or
receiving government support.

It can also help reduce family conflict by clearly setting out who controls the trust, who benefits from it and how decisions should be made.

What happens if you die without a will?

If you die without a will, your estate will be distributed under the intestacy provisions of the Succession Act 2006 (NSW).

This means the law determines who receives your assets, which may not reflect your wishes.

For example, if you have a partner and children from a previous relationship, your estate may be divided between them according to statutory rules. This can create uncertainty, disputes, or unintended financial consequences.

Having a will ensures:

your assets go to the people you choose;
your estate is administered efficiently; and
your family has clarity during an already difficult time.

Protecting Families, Preserving Legacies

A testamentary trust will can protect your family and give your beneficiaries greater flexibility.

We prepare tailored wills that preserve wealth, reduce uncertainty and help ensure your legacy is managed the way you intended.

Further Estate Solutions

Why Prepare a Testamentary Trust Will?

A testamentary trust will gives your family more than a basic inheritance. It can provide protection, flexibility and structure at a time when your loved ones need clarity most.

With the right advice, your will can do more than distribute assets, it can help preserve them for the people you care about.

Protection

A testamentary trust can help protect an inheritance from risks like creditors and relationship breakdowns.

Flexibility

A testamentary trust allows income and capital to be distributed in a way that suits changing circumstances.

Control

You decide who controls the trust and how assets are distributed and managed.

Legacy

A testamentary trust helps preserve wealth across generations.

We’re here to protect your family’s future

Our wills and estates lawyers help you prepare a testamentary trust will that protects your family, your assets and your wishes.

Why Choose Us to Prepare Your Testamentary Trust Will?

When your estate plan involves family wealth or tax flexibility, you need a lawyer who combines technical precision with understanding and care.

Our testamentary wills lawyers take the time to know you, your family and your goals – delivering a will that is clear and practical.

Proven Experience

We’ve prepared countless testamentary wills across Australia, with deep knowledge of family, property and succession law.

Tailored Structure

We consider your family, assets, beneficiaries and risk areas before recommending how your will should be structured.

Ongoing Support

We make updating your will easy, providing ongoing guidance as your life, family or assets change.

Fixed Fees

We provide fixed-fee pricing and clear explanations upfront, so you know exactly what to expect.

Client Testimonials

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