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Testamentary Trusts

A testamentary trust is created by a Will and only comes into existence on the death of the Will maker.

The person appointed Trustee of the trust holds and controls the assets of the trust for the benefit of beneficiaries. The Will-maker can appoint the trustee.

A testamentary trust can have taxation advantages in terms of income splitting and for any income distributed to minors, which is taxed in the same way as if the minor was an adult. 

The team at Commins Hendriks has the specialised knowledge and experience to assist you in preparing a testamentary trust which protects your estate and also delivers benefits to your beneficiaries through the following:

  • Protecting beneficiaries who cannot manage their affairs
  • Setting aside assets to be used to care for minor children or a beneficiary with a disability
  • Quarantining the gift to beneficiaries from property proceedings if they are involved in family law dispute
  • Protecting inheritance from creditors of a bankrupt beneficiary
  • Protecting a beneficiary from reduction to Centrelink benefits in certain circumstances

For more details and assistance please contact 1800 643 779 or a member of our specialised team.

Glen Lollback

Tammy Holzheimer

Michael Commins