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Testamentary Trust Wills

Smarter estate planning is no longer a benefit reserved only for the wealthy.

What is a Testamentary Trust Will?

A Testamentary Trust Will is a smart and effective estate planning tool for managing the future of your hard-earned wealth. Properly drafted, it protects assets and reduces unnecessary tax.

A Testamentary Trust Will establishes a discretionary trust for each of your beneficiaries. It only comes into existence on your death, and enables your assets to be transferred for the overall benefit for each of your beneficiaries.

Usually, a Testamentary Trust Will establishes a beneficiary controlled trust (i.e. the beneficiary is in complete control of their trust / inheritance). This can be tailored to suit your personal circumstances (and your beneficiaries) and can include Protected Trusts, Staggered Release Trusts, Superannuation Death Benefits Trusts and Special Disability Trusts.

What are the benefits of a Testamentary Trust Will?

A Testamentary Trust Will has significant advantages and offers:

  • Protection of family assets
  • Significant taxation opportunities
  • The power to stream income in the most tax-efficient manner
  • Flexibility by giving your executors capacity to more effectively deal with your assets
  • Protection for bankrupt beneficiaries, spendthrift, vulnerable children and exploitation of a disabled beneficiary
  • Some protection in Family Law claims
  • Beneficiaries given the opportunity to receive superannuation in the most tax-efficient manner.

Is a Testamentary Will relevant for you?

A Testamentary Trust Will can be the smarter solution in putting in place a well-structured and considered estate plan.

For the right professional advice, contact our experienced estate planning lawyers for a consultation.

Kells makes estate planning easy.¬†Whether you’re making a Will or changing one, executing a Will or disputing one, Kells is your cornerstone. Let our expert estate planning lawyers assist you.


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