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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.
To create the actual testamentary trust, the settlor must select the trustee and the beneficiary. Then, the settlor selects which assets are to be placed in the trust. This also includes the specification of how and when these assets are disbursed to the beneficiary.
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.
These elements are: Intention to create a trust; Permissible purpose for the trust; Identification of beneficiaries; and. Existence of trust res.