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Wills & Succession

7. Testamentary Trusts

Authors: Savage Julia
Firm / Chambers:
Last updated: 24 Aug 2015
    7. Testamentary Trusts
  • A testamentary trust is a trust that is created by a will as opposed to a trust that is created in life by a trust deed. A testamentary trust’s property comes from the testator’s estate.
  • The trust is usually set up for the purpose of providing for dependent children such as minors or disabled children who are financially dependent on the testator or a surviving spouse.
  • A will that creates a testamentary trust will include the following:
  • appointment of at least one trustee to manage the trust’s property or the rules for appointment of a trustee;
  • a list of the property from the estate that is to become trust property;
  • instructions on how trust property it is to be invested and its purpose;
  • a ‘preservation age’ (the age at which the beneficiary or beneficiaries may take their benefit from the trust);
  • the powers of the trustee and beneficiary; and
  • any other rules and restrictions that the testator may wish to place on the trust.

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