Testamentary Trust Lawyers in Sydney & NSW
- Protecting your assets for future generations.
- Strategic trusts for tax benefits & flexibility.
- Safeguarding inheritances from external claims.
- Expert guidance for complex estate planning.
Speak to a Lawyer Today
NSW Testamentary Trust Lawyers Serving:
High Net Worth Individuals
Providing sophisticated asset protection and tax-effective wealth transfer strategies for clients with significant asset portfolios.
High Net Worth Individuals
Business Owners
Protecting business and personal assets with integrated trusts as part of a comprehensive business succession and estate plan.
Business Owners
Parents with Young Children
Establishing trusts to protect and manage a child's inheritance, ensuring their financial security until they reach a mature age.
Parents with Young Children
Blended Families
Creating tailored trusts to protect the inheritance of children from previous relationships while still providing for a current spouse.
Blended Families
Families with Vulnerable Beneficiaries
Drafting specialised trusts to provide for the long-term care and financial needs of beneficiaries with disabilities, addiction, or money management issues.
Families with Vulnerable Beneficiaries
Our Specialised Testamentary Trust Services
Discretionary Testamentary Trusts
We draft flexible discretionary trusts, giving your Trustee control over how and when assets are distributed for maximum asset protection and tax-effectiveness.
Protective & Special Disability Trusts
Our team specialises in creating protective trusts to safeguard the inheritance of vulnerable beneficiaries or Special Disability Trusts for those with specific needs.
Trusts for Blended & Complex Families
We design tailored trust structures to meet the unique needs of blended families, ensuring children from all relationships are provided for as you intend.
Speak to us Now or Request a Consultation.
Our Testamentary Trust Process
1
Initial Consultation & Strategic Design
We start with a detailed consultation to understand your goals, assess your assets, and design the most effective Testamentary Trust structure.
Initial Consultation & Strategic Design
We start with a detailed consultation to understand your goals, assess your assets, and design the most effective Testamentary Trust structure.
2
Drafting the Trust within Your Will
Our lawyers meticulously draft the trust provisions within your Will, ensuring they are legally robust and perfectly aligned with your asset protection strategy.
Drafting the Trust within Your Will
Our lawyers meticulously draft the trust provisions within your Will, ensuring they are legally robust and perfectly aligned with your asset protection strategy.
3
Document Review & Explanation
We review the complete Will and trust clauses with you, clearly explaining how the trust operates and the roles of the Trustee and beneficiaries.
Document Review & Explanation
We review the complete Will and trust clauses with you, clearly explaining how the trust operates and the roles of the Trustee and beneficiaries.
4
Formal Signing & Finalisation
We guide you through the formal signing and witnessing of your Will, ensuring the Testamentary Trust is validly established and ready to be enacted.
Formal Signing & Finalisation
We guide you through the formal signing and witnessing of your Will, ensuring the Testamentary Trust is validly established and ready to be enacted.
Rated 5-Star By Our Clients
Why Clients Choose Us
Decades of Experience
Our Wills & Estates lawyers have over 50 years of experience in drafting sophisticated Testamentary Trusts to achieve our clients’ specific goals.
Decades of Experience
Our Wills & Estates lawyers have over 50 years of experience in drafting sophisticated Testamentary Trusts to achieve our clients’ specific goals.
Tailored Asset Protection
We take the time to understand your family and assets, designing a tailored trust structure that provides maximum protection for your beneficiaries.
Tailored Asset Protection
We take the time to understand your family and assets, designing a tailored trust structure that provides maximum protection for your beneficiaries.
Strategic Tax & Succession Advice
We provide expert legal advice on how trusts can be used for tax-effective wealth transfer and to seamlessly integrate with your business succession plan.
Strategic Tax & Succession Advice
We provide expert legal advice on how trusts can be used for tax-effective wealth transfer and to seamlessly integrate with your business succession plan.
Clarity & Peace of Mind
Our meticulous drafting process ensures your wishes are clear and legally binding, providing you with peace of mind that your legacy is secure.
Clarity & Peace of Mind
Our meticulous drafting process ensures your wishes are clear and legally binding, providing you with peace of mind that your legacy is secure.
Speak to us Now or Request a Consultation.
What is a Testamentary Trust?
A Testamentary Trust is a specialised trust created within your Will that only comes into effect after you pass away. Instead of your assets being transferred directly to your beneficiaries, they are held in the trust and managed by a person you appoint, known as the Trustee.
This structure allows you to have greater control over your legacy. The Trustee, guided by your instructions, can then distribute the income and assets to your chosen beneficiaries over time. This offers significant advantages over a simple Will, especially for asset protection and tax planning.
Creating a Valid & Effective Trust
Establishing a Testamentary Trust is a complex legal process that must be done within your Will. You must appoint a trustworthy and capable Trustee, clearly define the beneficiaries, and specify the rules for how the trust is to be managed and its assets distributed.
While the trust can be changed at any time during your lifetime by updating your Will, it becomes irrevocable after you pass away. Seeking expert legal advice from PBL Law Group is crucial to ensure your Testamentary Trust is drafted precisely to be legally robust, achieve your goals, and withstand any potential future claims.
The Key Benefits of a Testamentary Trust
The primary benefit of a Testamentary Trust is superior asset protection. Because the trust legally owns the assets, they are generally shielded from claims against a beneficiary, such as from creditors in a bankruptcy or from a former spouse in a relationship breakdown. This protection ensures your legacy remains with your intended loved ones.
Furthermore, these trusts offer significant tax advantages. Income can be split among multiple beneficiaries, including children and grandchildren, who can utilise the full adult tax-free threshold. This tax-effective distribution means more of your estate’s wealth is preserved for your family.
Who Needs a Testamentary Trust?
Testamentary Trusts are not just for the wealthy; they are a powerful tool for many different family situations. They are particularly beneficial for protecting the inheritance of young children or beneficiaries who may be vulnerable due to disability, addiction, or poor financial management skills.
They are also essential for individuals with complex asset structures, such as business owners who need to plan for succession, or for those in blended families who want to ensure assets are directed specifically to their children from a previous relationship. A trust provides the control and flexibility needed to handle these complex scenarios.
Speak to us Now or Request a Consultation.
How Can Our Expert NSW Wills & Estate Lawyers Help?
Wills Drafting & Review
Crafting & updating clear, legally sound Australian wills to ensure your specific wishes for your domestic assets are documented & protected & more…
Wills Drafting & Review
Domestic Estate Planning
Developing tailored Australian estate plans to safeguard domestic assets, minimise tax, & provide for your loved ones effectively & more…
Domestic Estate Planning
International Estate Planning
Expert advice on cross-border estate planning, international wills & trusts, managing overseas assets & navigating tax-efficient wealth transfer strategies & more…
International Estate Planning
Challenging a Will
(Validity Issues)
(Validity Issues)
Expertly challenging the validity of a will based on grounds like undue influence, lack of testamentary capacity, suspicious circumstances, or fraud & more…
Challenging a Will
(Validity Issues)
Contesting a Will
(Family Provision Claims)
(Family Provision Claims)
Assisting eligible persons to contest a will for adequate provision under the Succession Act 2006 (NSW), navigating negotiations & court claims for a fair share & more…
Contesting a Will
(Family Provision Claims)
Defending a Will
Representing executors & beneficiaries in defending the validity of a will against challenges or defending against family provision claims & more…
Defending a Will
Grant of Probate
Guiding Executors through the Supreme Court process to obtain a Grant of Probate, which officially validates the Will and authorises them to act.
Grant of Probate
Appointment of Enduring Power of Attorney
Preparing essential enduring powers of attorney to appoint trusted individuals for your critical financial & legal decisions if you lose capacity & more…
Appointment of Enduring Power of Attorney
Appointment of Enduring Guardian
Drafting appointments of enduring guardians to make crucial personal, lifestyle & healthcare decisions on your behalf if you’re unable & more…
Appointment of Enduring Guardian
Testamentary Trusts
Establishing effective testamentary trusts within your will for asset protection, tax benefits, and flexible provision for beneficiaries & more…
Testamentary Trusts
Intestacy Law & Advice
Guiding families through the complexities of intestacy when a loved one dies without a valid will, ensuring legal distribution of assets & more…
Intestacy Law & Advice
Letters of Administration
Resolving disputes between executors, administrators, or beneficiaries regarding the management & administration of a deceased estate & more…
Letters of Administration
Administration of Estate
Assisting Executors with the administration of deceased estates, ensuring the lawful and efficient collection, management, distribution of assets & more…
Administration of Estate
Advance Care Directive
Drafting clear and legally sound directives to outline your future medical treatment and end-of-life care wishes & more…
Advance Care Directive
Special Disability Trusts
Establishing specialised trusts to provide for the long-term care and financial security of a loved one with a severe disability & more…
Special Disability Trusts
Testamentary Trust FAQs
What is a Testamentary Trust?
A Testamentary Trust is a trust created within your Will that comes into effect after your death. Instead of assets passing directly to beneficiaries, they are held in the trust and managed by a Trustee on their behalf.
What is the main benefit of a Testamentary Trust?
The primary benefits are superior asset protection and potential tax advantages. Assets held in the trust are protected from creditors or family law claims against a beneficiary, and income can be distributed in a more tax-effective way.
What’s the difference between a Will and a Testamentary Trust?
A Will outlines how your estate is distributed. A Testamentary Trust is a specific structure within a Will that dictates how some or all of that estate is managed and protected for your beneficiaries after you die.
How does a Testamentary Trust protect assets?
Because the assets are legally owned by the trust, not the beneficiary, they are generally shielded if a beneficiary faces bankruptcy, business failure, or a relationship breakdown.
Are there tax advantages to a Testamentary Trust?
Yes. A key benefit is that income distributed from the trust to beneficiaries under 18 is taxed at adult marginal rates, allowing access to the full tax-free threshold, which is a significant advantage.
Who is the 'Trustee' and what do they do?
The Trustee is the person or company you appoint in your Will to manage the trust. They have a legal duty to manage the trust’s assets and make distributions to beneficiaries according to the rules you set out.
Who can be appointed as a Trustee?
You can appoint a trusted family member, a friend, or a professional like your solicitor or an accountant. It should be someone capable and reliable, who will act in the best interests of the beneficiaries.
Who can be a 'beneficiary' of a Testamentary Trust?
You can name anyone as a beneficiary, including your spouse, children, grandchildren, other relatives, friends, or charities. You can also include beneficiaries who are not yet born, like future grandchildren.
Can I have more than one Testamentary Trust in my Will?
Yes. You can establish multiple trusts, for instance, a separate trust for each child or beneficiary. This can be useful for tailoring the trust’s rules to the specific needs of each person.
Can a Testamentary Trust protect a 'high-risk' beneficiary?
Yes. A trust is an excellent tool for protecting the inheritance of a beneficiary who may be vulnerable to addiction, gambling issues, or poor financial management, as the Trustee controls the distribution of funds.
What is a 'discretionary' Testamentary Trust?
This is the most common type, where the Trustee has the ‘discretion’ to decide which beneficiaries receive income or capital, how much they receive, and when. This provides great flexibility.
What assets can be placed in a Testamentary Trust?
Almost any asset from your estate can be placed in the trust, including cash, real estate, shares, investments, and other valuable items.
When does a Testamentary Trust come into effect?
The first step is to publish a notice of your intention to apply for Probate on the Supreme Court’s online registry. You must then wait at least 14 days before you can file your main application.
Can a Testamentary Trust be changed or revoked?
While you are alive, you can change or revoke the trust provisions at any time by updating your Will. Once you pass away, the trust becomes irrevocable and its terms cannot be easily changed.
Can a Testamentary Trust be contested?
Yes. Since the trust is part of the Will, it can be subject to a Family Provision Claim if an eligible person believes they have been inadequately provided for. However, a well-structured trust can be a key part of defending against such claims.
What is a Special Disability Trust?
This is a specific type of protective testamentary trust designed to provide for the reasonable care and accommodation needs of a beneficiary with a severe disability, while helping to preserve their entitlement to government pensions.
What is the difference between a Testamentary Trust and a Living Trust?
A Testamentary Trust is created by a Will upon your death. A ‘Living Trust’ (or inter vivos trust) is created and operates during your lifetime.
How long can a Testamentary Trust last?
In NSW, a standard Testamentary Trust can last for up to 80 years, allowing it to provide benefits for multiple generations.
How much does a Testamentary Trust cost?
The cost is higher than a simple Will due to its complexity. At PBL Law Group, we provide a clear fee estimate upfront. The long-term benefits in asset protection and tax savings often far outweigh the initial cost.
Why do I need a lawyer to create a Testamentary Trust?
Testamentary Trusts are complex legal structures that must be drafted precisely to be effective. An experienced lawyer ensures the trust is legally valid, achieves your asset protection and tax goals, and accurately reflects your wishes.
Expert Legal Help For All Your Needs
Strata Law
Property and strata disputes, building defects claims, setting up new Owners Corporations and more…
Construction & Building Law
Construction and building disputes, building defects, delays and claims, debt recovery and more…
International Estate Planning
Cross-border estate planning, international wills and trusts, tax-efficient wealth transfer strategies and more…
Commercial & Business Law
Starting and scaling your business, banking and business financing, bankruptcy and insolvency and more…
Planning & Environment Law
Environment and planning regulation, land and environment court disputes, sub-divisions and more…
Wills & Estates
Creating, updating and contesting wills, estate planning and administration, probate applications and more…
Speak to us Now or Request a Consultation.
Helpful Links
Site information
How We Can Help
Liability limited by a scheme approved under Professional Standards Legislation.
Copyright © 2025 PBL Law Group. All Rights Reserved
