Testamentary Trusts

A testamentary trust is a trust created by a will that comes into effect upon death. These trusts can provide flexibility, asset protection, and tax planning opportunities for beneficiaries, particularly where estates involve significant assets or complex family arrangements.

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Crownmark Lawyers provides advice on testamentary trusts, assisting clients to understand when such structures may be appropriate and how they operate within an overall estate plan. Our approach is measured and practical, focused on ensuring trusts are structured clearly and aligned with the client’s objectives.

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Testamentary trusts may be used to manage distributions over time, protect assets for minors or vulnerable beneficiaries, or address blended family circumstances. We advise clients on trustee appointments, powers and discretions, and how trust provisions interact with taxation and superannuation considerations.

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Where a testamentary trust is appropriate, we assist with drafting and integrating the trust into a broader will and estate plan. In suitable matters, advice may be offered on an agreed, fixed-fee basis through Crownmark Assured Pricing (CAP), providing clarity around scope and costs.

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Our services include:

• Advice on the use and suitability of testamentary trusts

• Drafting and incorporation of testamentary trust provisions

• Guidance on trustee roles, powers, and responsibilities

• Advice on asset protection and tax considerations

• Structuring distributions for minors or vulnerable beneficiaries