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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.
Testamentary trust example Let's say you're planning your estate and have $100,000 you want to leave to your young child. You create instructions for a testamentary trust to be established after your death and choose your best friend as the testamentary trustee.
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.
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.