Testamentary trust
A trust created by a valid will, usually coming into effect after death and administered through the estate and Master's Office process.
Definition
A testamentary trust should be reviewed through the will, deceased estate file, executor records, Master requirements, trustee appointment documents, beneficiary details, trust property, minor-child or heir provisions, tax records, and administration duties. It should be separated from an inter vivos trust because the source document and timing are different.
Key takeaways
A trust created by a valid will, usually coming into effect after death and administered through the estate and Master's Office process.
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Related legal problems
This glossary provides general information only and does not constitute legal advice.
Common situations
Testamentary trust administration
Will interpretation
Minor beneficiary provision
Related resources
Resources and guides
Will Drafting Checklist
Checklist for assets, beneficiaries, guardianship, executors, and practical will-drafting decisions.
Wills and EstatesClient Document PackTrusts Document Pack
Trusts Document Pack: prepare Trust deed, Letters of authority, Trustee resolutions and identify missing records before legal advice.
TrustsChecklistDeceased Estate Checklist
Deceased Estate Checklist for preparing documents, facts, dates, and questions connected to wills and estates.
Wills and EstatesChecklistTrust Administration Checklist
Trust Administration Checklist for preparing documents, facts, dates, and questions connected to trusts.
TrustsFAQs
Testamentary trust FAQs
What does Testamentary trust mean?
A trust created by a valid will, usually coming into effect after death and administered through the estate and Master's Office process.
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