Testamentary Trust Lawyers

What is a Testamentary Trust?

A testamentary trust is a type of trust created by your will, taking effect upon the death of the will-maker. It allows your estate to be distributed to a trustee, who then manages the assets held in the trust for the benefit of nominated individuals – the beneficiaries of the trust.

In simple terms: a trust is a trust, but a testamentary trust provides greater flexibility, asset protection, and control than a basic will.

Why Establish a Testamentary Trust in Queensland?

✅ Protecting Assets from Family Law Risks
Assets held in the trust are less exposed to family law claims, bankruptcy, or poor financial decisions—ideal for vulnerable beneficiaries, those in high-risk situations or those who just want to secure the inheritance for their bloodline.

✅ Tax Efficient Planning
Income earned by the trust can be split among multiple beneficiaries. This helps reduce the overall tax burden by using marginal tax rates – especially when distributing income or capital to minors or low-income earners. Testamentary trusts are one of the most tax efficient ways to pass on wealth.

✅ Tailored for a Specific Purpose
Each trust is designed with a specific purpose in mind – whether it’s long-term financial support, managing a child’s inheritance, or setting up a protective trust for a loved one with a disability or limited capacity.

✅ Support for Vulnerable Family Members
Ensure vulnerable beneficiaries are looked after by appointing a trusted person to manage the trust. You can control how they receive income or access funds—minimising risk and misuse.

✅ Discretionary Trust-Like Control
A testamentary trust functions similarly to a discretionary trust, giving the trustee broad powers under the trust deed to decide when and how to distribute income and capital.

How a Testamentary Trust Works

When you pass away, your deceased estate is managed by the executor. Once debts and taxes are settled, the remaining assets are held in the trust created by your will.

The trustee—who can be a family member, trusted friend, or professional—then distributes income or capital to the beneficiaries of the trust, in accordance with the trust deed. These trusts established through your will allow for flexibility, control, and legal protection that a basic will simply doesn’t provide.

Is a Testamentary Trust Right for You?

You should consider a testamentary trust if you:

• Have young children, dependants, or vulnerable beneficiaries

• Want to reduce tax liabilities through tax efficient distribution

• Are concerned about family law disputes or future relationship breakdowns

• Have a blended family or complex estate

• Want to maintain long-term control over how beneficiaries receive income

Why Choose Direct Lawyers?

We make estate planning simple, mobile, and personal. Our testamentary trust lawyers in Queensland take the time to understand your family’s goals and design tailored solutions that ensure your wishes are followed and your assets are protected.

🔹 Local experts in Brisbane and South East Queensland
🔹 We come to you – home visits available
🔹 Fixed-fee pricing – no hidden costs
🔹 Plain-English legal advice – no jargon
🔹 Trusted guidance through trusts established under your will

Secure Your Family's Future – Start Today

Creating a testamentary trust ensures that assets held in your estate are distributed wisely and fairly. With expert help, you can structure your legacy to support your family for the long term, minimise tax, and avoid future disputes.

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