testamentary trust
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What is a Testamentary Trust?

A testamentary trust can guarantee children or others that need assistance overseeing the proceeds of your will are safeguarded.

With so many kinds of trusts available, you may be wondering what places a testamentary trust apart from the others.

The below you are going to find answers to frequently asked questions concerning a testamentary trust.

  1. A testamentary trust, what is it?

A testamentary trust is one that is included in a last will and testament.

It stipulates for the allocations of all or a portion of an estate and usually revenue from a life insurance policy held on the individual setting up the trust.

There could be multiple testamentary trusts for each will.

  1. Who are testamentary trusts devised for?

Typically, testamentary trusts are devised for younger children, family members with disabilities, or others that might inherit large sums of money that enters the estate following the testator’s passing.

  1. How is a testamentary trust devised?

This type of trust is outfitted for in a last will by the “settlor,” that names a “trustee” to oversee the funds through the trust pending the “beneficiary,” or individual receiving the funds, assumes the role.

  1. When is a testamentary trust devised?

The trust goes into effect at the conclusion of the probate process following the passing of the individual that has devised it for the benefit of their children or others.

Note: This varies from “inter vivos” trusts, which are devised throughout the lifetime of the settlor.

  1. How long do testamentary trusts last?

A testamentary trust continues until it becomes invalid, which is given for in its conditions. General expiration dates could be when the beneficiary graduates from college, turns twenty-five, or marries someone.

  1. What is the probate court’s purpose in a testamentary trust?

After the date of the settlor’s passing until the termination of the trust, the probate court looks in on the trust to be sure it is getting managed appropriately. Subject to how long this time period lasts, legal fees could accrue, so this should be a concern when deciding whether to decide on a testamentary trust.

  1. Who is able to be the trustee of a testamentary trust?

The individual devising the trust can select anyone, but it must be someone the individual trusts to act in the children or others getting the trust funds best interests. If, for some reason, the individual selected refuses to take on the responsibility of trustee, somebody else may come forward or the court is going to appoint one.

  1. Should the trustee respect the conditions set out for expenses in the will?

Not exactly, which is why it’s vital that the settlor selects someone trustworthy. Nevertheless, if the trustee is in violation the conditions of the trust, they could be accountable for damages.

  1. When does it stand to reason to choose a testamentary trust?

When you devise a Last Will with minor children, it is typical to place their assets in a testamentary trust before they come to an age that you select. However, everyone’s situation is different, and you can speak with an attorney for legal counsel.

  1. What is the expense to set up a testamentary trust?

It is typically affordable to include testamentary trust conditions throughout will preparation.


  1. 10 things you should know about a testamentary trust. LegalZoom. (n.d.). Retrieved February 28, 2023, from https://www.legalzoom.com/articles/10-things-you-should-know-about-a-testamentary-trust

Attorney Arizona

There’s nothing better than the peace of mind you will have knowing you’ve protected your family at a time when they need it most. Let us help. Schedule a consultation or contact Ogborne Law, PLC of Arizona today.

You’ve worked hard for your life, and you need to protect it. You owe it to your family and your legacy to take care of planning now. Contact Ogborne Law to schedule your estate-planning session.

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