TESTAMENTARY TRUST LAWYERS IN SHELLHARBOUR

A simple Will sets out who receives your assets after you pass away. It provides clear instructions but doesn’t offer protection against financial risks or disputes, nor does it deliver any significant tax advantages.

A Testamentary Trust Will takes a more structured approach. Instead of distributing assets directly, it creates a discretionary trust that takes effect after your death. This allows greater flexibility in how and when inheritances are distributed. It also helps protect assets from creditors, legal challenges, and poor financial decisions, while potentially reducing tax obligations for beneficiaries.

At Kells, we assist with both types of Wills and help you choose the option that best reflects your intentions and long-term objectives.

A Testamentary Trust Will is a strategic way to preserve and manage wealth for future generations. It establishes a trust that is activated upon your death, giving beneficiaries long-term access to assets under conditions that support security and control.

Each trust is set up for an individual beneficiary and is designed to suit their personal circumstances. In most cases, the beneficiary has control over the trust, but the structure can include specific features depending on your goals. These may include:

• Protected Trusts – to prevent misuse or protect vulnerable beneficiaries
• Staggered Release Trusts – to distribute funds in stages over time
• Superannuation Death Benefits Trusts – to receive superannuation payouts
• Special Disability Trusts – to support beneficiaries with disability-related needs

Kells works closely with clients to draft Testamentary Trust Wills that provide clarity, security, and flexibility, all while keeping your estate plan aligned with your wishes.

Testamentary Trust Wills provide a strategic way to manage your estate, offering a range of advantages that go beyond a standard Will. These include:

• 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.

If you're looking for greater control over how your estate is handled and wish to protect your beneficiaries in the long term, this type of Will may be a strong fit. It allows you to take a more structured approach to asset distribution while reducing risk and improving tax outcomes.

To explore whether a Testamentary Trust Will suits your situation, speak with our estate planning team in Shellharbour today.