
Testamentary trusts: what are they and why are they so beneficial?
Introduction A testamentary trust is a trust created under an individual’s will following their death. They may be contrasted with inter vivos trusts, which are ordinary trusts created during the settlor’s lifetime. Testamentary trusts may be: simple (for example, where the legal personal representative is to hold an asset for a minor beneficiary until they reach a specified age); or complex (for example, where an ordinary discretionary trust deed is essentially built into the testator’s will in order to govern the testamentary trust over its lifetime). Like ordinary