family trust
Klublok Chung asked:


According to the Australian Tax Commission’s internet site, if a loved one becomes deceased, testamentary trust should be made.

A compact summary of testamentary trust can be stated as follows:

1.  It is created by a will, and does not come into effect until after the individual who has penned the will has passesd away.

2.  It is not the same as the trust that is made to carry out the estate plans.

3.  It could have a predetermined expiry date, or be prepared to carry on for an indefinite time period. 

4.  It can be supervised by the will executor, a different beneficiary, or an external party.

The internet site also suggests that the information provided will not be adequate details for you to be able to prepare a testamentary trust.

If you find this obscure, do not be anxious.  By talking to a professional estate planner, estate planning information can be acquired and additional particulars expressed.

A testamentary trust is a tool founded by a will that permits a legal guardian to be selected to administer a bequest on behalf of a beneficiary, in a way conveyed by the will.

A testamentary trust is especially accommodating if you are taking care of someone with an intellectual impairment.  It helps to ensure that they are cared for and will continue to be after your death.

Frequent questions related to a testamentary trust are:

Does the legal guardian have to be a relation or can they be anyone, including someone salaried to represent on my behalf?

Will the legal guardian adhere stringently to your desires, or can they make substitute decisions if required?

If my family feels that the trustee is not making proper conclusions, what can they do about it?

To receive answers to these inquiries and others, seek a professional to assist you in arrangements for a testamentary trust for your estate plan.



Tambra Sonderman

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