Testamentary Discretionary Trust Guide

Learn how a testamentary discretionary trust can protect your family's inheritance.

Thinking about including a testamentary discretionary trust in your Will?

Our free guide explains how testamentary discretionary trusts work, their potential benefits and limitations, and when they may be worth considering as part of your estate plan.

Inside you'll learn:

✓ What a testamentary discretionary trust is

✓ How it works after someone dies

✓ Asset protection benefits

✓ Tax considerations

✓ Protecting children's inheritances

✓ Protecting vulnerable beneficiaries

✓ Real life examples

✓ Common misconceptions

Testamentary Discretionary Trusts

[Not legal advice – General information only]

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A testamentary discretionary trust is a trust that is established by a Will. This flyer explains how a testamentary discretionary trust works and why it can be a powerful strategy in your estate plan. 

The information in this ebook is general information only and not legal advice.

What Is a Testamentary Discretionary Trust?

A testamentary discretionary trust is a trust created by your Will that only comes into existence after your death.

Instead of beneficiaries receiving their inheritance outright, assets are held within a trust and managed by a trustee for the benefit of one or more beneficiaries.

Depending on a family's circumstances, this structure can provide greater flexibility, asset protection and tax planning opportunities than leaving assets directly to beneficiaries.

This guide explains how testamentary discretionary trusts work in Queensland and when they may be appropriate.

Who Should Download this Guide?

This guide is ideal if you:

✔ have children or grandchildren

✔ own a home or investment property

✔ have significant superannuation

✔ have investments or growing wealth

✔ own a business

✔ have a blended family

✔ have beneficiaries with additional needs

✔ want to provide long-term asset protection

✔ want flexibility for future generations

Why We Created this Guide

Testamentary discretionary trusts are often misunderstood.

Some people assume they're only for wealthy families.

Others believe everyone should have one.

The reality is that the right answer depends on your family, your assets and the people you want to protect.

This guide explains the concepts in plain English so you can understand the advantages, disadvantages and practical considerations before deciding whether a testamentary discretionary trust is right for you.

Why Choose Sun Wills & Estates?

Testamentary discretionary trusts are one of our areas of focus.

We regularly advise Queensland families on whether a testamentary discretionary trust is appropriate for their estate plan and draft Wills that reflect each client's individual goals, family dynamics, and asset protection needs.

We believe people make better decisions when they understand how these structures work, which is why we've created this free educational guide.