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When it comes to protecting family wealth, many people are unsure how to best protect such wealth for their loved ones.  This is particularly important when you have children, other beneficiaries who financially depend on you, real property or family businesses.  For those wanting to ensure their assets are protected and responsibly managed, a Testamentary Trust may be advantageous.

A Testamentary Trust  is a trust made under your Will and only begins at the date of your death.  They function similar to a discretionary Family Trust, however, the Will’s provisions act as the trust deed.  Some of the advantages of having Testamentary Trusts include:-

  1. Asset Protection – the beneficiaries of your Testamentary Trust do not legally own the assets of the Trust until your Trustee has distributed those assets to them.
  2. Flexibility – you can choose to make your Testamentary Trust discretionary.  In this instance, your Trustee has some freedom in distributing the income and capital of the Trust.
  3. Reduction in tax liabilities – there are tax benefits in having a Testamentary Trust, and your Trustee may be able to distribute assets to beneficiaries in a tax-effective way.  However, this should always be discussed with your solicitor and accountant.
  4. Enduring financial security for beneficiaries – if you know that your beneficiaries are minors, spendthrifts or persons with disabilities, placing your assets in a Testamentary Trust can ensure that those assets are protected and used in your beneficiaries’ best interest.

Testamentary Trusts are a powerful estate planning tool designed to protect your family’s wealth across generations.  The experienced Wills & Estates lawyers at McNamara Law assist in creating Testamentary Trusts that suit your specific needs.  If you believe a Testamentary Trust may be the right estate plan for you, contact our Wills & Estates team today on 1300 285 888 to discuss.

Author:  Therese Wilkes, Wills & Estates Solicitor at McNamara Law

wills and estates

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