Testamentary Trusts

Protecting the future of your assets.

Creating a trust within your will can provide greater protection and flexibility for managing assets for your beneficiaries.

Testamentary trusts are often used to protect family wealth and support beneficiaries over time. Careful planning ensures the trust operates effectively and in accordance with your wishes.

What is a testamentary trusts?

Testamentary trusts allow assets from your estate to be managed by a trustee on behalf of beneficiaries. Instead of receiving their inheritance directly, beneficiaries may receive income or distributions from the trust over time.

These trusts can be particularly useful where beneficiaries are minors, where asset protection is important, or where greater control over how funds are distributed is desired.

We’re here to help

Moore Lawyers can assist in structuring testamentary trusts as part of your overall estate planning strategy. We work with you to understand your family circumstances and ensure the trust is designed to achieve your long-term goals.

Our team ensures the trust provisions are clearly drafted and legally effective, helping protect your assets and support your beneficiaries well into the future.

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Frequently asked
questions

Why would someone include a testamentary trust in their will?

Testamentary trusts are often used to protect assets for minors, beneficiaries with special needs, or in cases where you want to control how your estate is distributed over time. They can also help reduce tax liability and protect the estate from creditors or claims.

Who manages a testamentary trust?

The trust is managed by a trustee, who is responsible for administering the trust and making decisions in accordance with the terms set out in the will. Trustees have a legal duty to act in the best interests of beneficiaries and are responsible for investing and distributing assets as directed by the trust document.

Are testamentary trusts only for large estates?

No. While often used for larger estates, testamentary trusts can also benefit smaller estates, particularly where there is a desire to manage how assets are distributed to beneficiaries or to provide for children or other dependents over time.