Trusts
Testamentary Trust
A trust created by your Will that takes effect on your death, holding assets for your beneficiaries instead of paying them outright.
What it means
A testamentary trust is built into your Will and springs into life only when you die and the Will takes effect. Instead of handing an inheritance directly to a beneficiary, the assets are held by a trustee who manages and distributes them under the terms you set. This is one of the most powerful estate-planning tools available, offering asset protection, control over timing, and significant tax advantages for children and other beneficiaries.
How it's used
Testamentary trusts are commonly used to protect inheritances from a beneficiary's bankruptcy or divorce, to provide for minor children, and to split income tax-effectively among family members. Example: Maria's Will creates a testamentary trust so her young children's share is invested and used for their education until they are old enough to manage it themselves. A key tax benefit is that income distributed to minors from such a trust is generally taxed at adult marginal rates, not penalty rates.
Related terms
This page is general information about Australian estate-planning terms, not legal advice. See our Legal Disclaimer.
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