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How is a testamentary trust created? A testamentary trust is provided for in a last will by the ?settlor,? who appoints a ?trustee? to manage the funds in the trust until the ?beneficiary,? or person receiving the money, takes over.
Sample Wording for a Testamentary Trust Will "All property left to Johnny Doe in this will shall be held in a separate trust for Johnny Doe until he reaches the age of twenty five and shall only devolve upon him at that time.
It is a trust structure that is often used to protect family assets by having greater control over management and distributions of the deceased estate to beneficiaries. It is crucial that the planning and appointing process of the trustee is well governed.
These elements are: Intention to create a trust; Permissible purpose for the trust; Identification of beneficiaries; and. Existence of trust res.
Disadvantages of a Testamentary Trust Lack of Privacy: Testamentary trusts are part of a person's will, which becomes public record upon their death. This means that the details of the trust and its beneficiaries are accessible to the public.