An inheritance held
for your family.

A testamentary trust is created by your will and holds an inheritance for your family. It can help protect assets if a beneficiary faces creditors or a relationship breakdown, and can allow income to be shared within the family.

Client reviews

In our clients’ own words.

Is this you?

When people come to us about testamentary trusts.

Each of these is a good reason to call, and none of them is too early.

  • You want to leave your estate to your children but protect it from their relationships.
  • A beneficiary runs a business, or has debts.
  • You have young grandchildren and want income from the inheritance shared with them.
  • A beneficiary is not ready to manage a large sum.

How we help

The same inheritance can do much more for your family inside a trust.

Inside a testamentary trust, the trustee decides how income and capital are shared among the family. Income paid to children from a testamentary trust is generally taxed at adult rates, which can reduce the tax the family pays. Assets held in the trust are also harder for a beneficiary’s creditors or former partner to reach.

We draft testamentary trusts tailored to your family, and explain how control passes and how each beneficiary can choose to take their share outright instead.

What we do

  • Testamentary trusts drafted into your will
  • A trust for each beneficiary, or for the family together
  • Trustee, appointor and control provisions
  • Protective trusts for vulnerable beneficiaries
  • Advice with your accountant on tax outcomes
  • An option for beneficiaries to take their share outright

What happens first

How it works.

Four steps, with a lawyer the whole way.

What it costs
  1. Online, in your own time

    Answer the questions from home, at your own pace. Your answers are saved as you go.

  2. Within one business day: your draft

    Our lawyers prepare your documents and send you a link to read them.

  3. Your changes, in your own words

    Tell us anything you would like changed. One round of changes is included.

  4. Signed with a lawyer

    A meeting with one of our lawyers, by video or at our office, where we explain the documents and guide you through signing.

Questions

Frequently asked questions

If your question is not here, it is a good reason for the free call.

  • Is a testamentary trust worth it for a modest estate?

    It depends on the family more than the size of the estate. For beneficiaries with young children, business risk or relationship concerns, it is often worth considering.

  • Can I add a testamentary trust to a will made online?

    Yes. It is available as an option when you make your will, and we explain it at the consultation.

  • What does it cost?

    Wills and powers of attorney made online have a fixed price, shown before you pay. Probate, estate administration and estate disputes are quoted in writing before the work starts, and you are told early if anything changes.

Tell us what is going on. We will tell you where you stand.

A free 15-minute call. If it is a matter for us, you are booked in with the right solicitor before the call ends. If it is not, we will say so.