What is a testamentary trust Will?

A testamentary trust Will creates one or more trusts that come into existence when you die. Instead of paying an inheritance to a beneficiary, the Will leaves it to a trustee to hold for them. Your beneficiary can still benefit from it without owning the assets personally.

How much does a testamentary trust Will cost?

Our prices are published on the testamentary trust Wills page. We’ll give you a tailored quote after your estate planning conference, once we know how many trusts your Will needs and what other matters need to be included in your Will.

Do I need an estate planning conference first?

Yes. The conference is where we work out how many trusts your Will needs, who the trustees and appointors should be and how each trust is meant to work. The conference is a fixed price. We’ll give you a tailored quote for your Wills after your estate planning conference, once we know how many trusts your Will needs and what other matters need to be included in your Will.

Who controls a testamentary trust after I die?

The trustee you name in your Will controls it, within the terms the Will sets. You can name a beneficiary as trustee, a beneficiary together with someone independent or someone independent alone. See our post on who should be the trustee of a testamentary trust.

Can my beneficiaries still get the money?

Yes. The trustee can distribute income and capital to them and can also pay for things on their behalf. What changes is that they do not own the assets, so the assets are not exposed in the same way as money paid out to them directly.

Does a testamentary trust save tax?

The trustee decides which beneficiaries receive the trust income each year, so income can go to whoever is on the lowest marginal rate in that year. A minor beneficiary of a testamentary trust is taxed at adult rates rather than the penalty rates that apply to other trust income, which means their tax free threshold is available. Whether any of that helps depends on who your beneficiaries are and what the trust earns, which is something we work through at the estate planning conference. See testamentary trusts in WA: how they work and who needs one.

Does a testamentary trust protect an inheritance in a family law dispute?

It can help, but it is not a guarantee. Because the assets are held by the trustee rather than owned by the beneficiary, they are not treated the same way as an inheritance paid out to a person directly. How a court treats them depends on the facts. See testamentary trusts in WA: how they work and who needs one.

Is a testamentary trust the same as a special disability trust?

No. A special disability trust is a separate structure with its own rules, set up for a beneficiary who receives means tested support. See our special disability trusts page.

Testamentary Trust Wills Perth | Perth Wills Centre

A testamentary trust Will holds an inheritance in a trust rather than paying it out to your beneficiaries. They can still benefit from it without owning the assets personally.

We start with an estate planning conference so we can understand your needs and explain how a testamentary trust will work in your circumstances. Our prices are published, so you know the starting point before you book.

Why choose a testamentary trust Will?

A testamentary trust Will allows you to:

Reduce the tax burden on your beneficiaries by structuring distributions efficiently.

Help protect inheritances from creditors, legal claims and family law claims.

Ensure funds are used responsibly, especially for young or vulnerable beneficiaries.

Secure long-term wealth and keep assets within the family across generations.

our services

Testamentary trust Wills services and prices

Every testamentary trust Will starts with an estate planning conference. At the appointment we’ll work out whether a trust is the right structure for your family and explain how it works.

Testamentary trust Will

From $3,000 single / $4,000 partners

Considering a testamentary trust? Let’s talk strategy.

Start with an estate planning conference with one of our experienced lawyers. We’ll walk you through how a testamentary trust could benefit your family, and provide a tailored, fixed-price quote for your estate plan.

Book now