A trust created through your will

Give beneficiaries support, not an administrative burden they are not ready to carry.

A testamentary trust comes into operation after death under the terms of a valid will. It can guide how an inheritance is held, invested and applied for selected beneficiaries.

How it differs

Inter vivos versus testamentary

Inter vivos trust: established during your lifetime and administered immediately after the trustees are properly authorised.

Testamentary trust: written into a will and created only when the relevant person dies and the estate is administered.

The wording in the will matters. It should define the beneficiaries, trustee powers, purpose, distribution discretion, termination event and succession in a way that fits the intended family outcome.

Common planning scenarios

When immediate ownership may not be the best outcome

The correct age, duration, powers and safeguards are personal decisions—not default clauses to copy from someone else’s will.

01

Minor children

Provide for education, maintenance, housing and development without paying the inheritance directly to a minor.

02

Vulnerable beneficiary

Create ongoing stewardship where a person may need assistance because of disability, incapacity, addiction, exploitation risk or financial vulnerability.

03

Blended family

Balance support for a surviving spouse or partner with the long-term inheritance intended for children or other family lines.

04

Business or property

Allow trustees time and authority to manage, preserve, restructure or dispose of an asset rather than forcing an immediate transfer or sale.

Design questions

Seven decisions behind a useful clause

The consultation focuses on the real-life decisions the future trustees will face.

Who?

Which beneficiary or class of beneficiaries should be covered?

Why?

What support, protection or continuity is the trust meant to provide?

Until when?

Age, milestone, capacity, period or trustee discretion?

By whom?

Who should act as trustee and how should successors be appointed?

For what?

Maintenance, education, health, housing, enterprise or broader welfare?

How invested?

What mandate, risk and liquidity should guide the trustees?

What if?

Death, emigration, incapacity, conflict or changed circumstances?

What remains?

Who receives the balance when the trust ends?

Build the trust clause around the child—not a template.

Start with the free will request and flag that you want to discuss a testamentary trust.

Start my will