Testamentary Trust Lawyers
Protect your family's future with a well-structured testamentary trust
Planning your Estate can feel overwhelming - that's where we come in.
At Direct Lawyers, we specialise in creating testamentary trusts that offer strong asset protection, tax benefits, and peace of mind.
Whether you're planning for your loved ones or managing a deceased estate, our experienced estate lawyers in Queensland will help you structure a trust designed to support your family's future.
What is a Testamentary Trust?
A testamentary trust is a type of trust created by your will, taking effect upon the death of the will-maker. It allows your estate to be distributed to a trustee, who then manages the assets held in the trust for the benefit of nominated individuals – the beneficiaries of the trust.
In simple terms: a trust is a trust, but a testamentary trust provides greater flexibility, asset protection, and control than a basic will.
Why Establish a Testamentary Trust in Queensland?
✅ Protecting Assets from Family Law Risks
Assets held in the trust are less exposed to family law claims, bankruptcy, or poor financial decisions—ideal for vulnerable beneficiaries, those in high-risk situations or those who just want to secure the inheritance for their bloodline.
✅ Tax Efficient Planning
Income earned by the trust can be split among multiple beneficiaries. This helps reduce the overall tax burden by using marginal tax rates – especially when distributing income or capital to minors or low-income earners. Testamentary trusts are one of the most tax efficient ways to pass on wealth.
✅ Tailored for a Specific Purpose
Each trust is designed with a specific purpose in mind – whether it’s long-term financial support, managing a child’s inheritance, or setting up a protective trust for a loved one with a disability or limited capacity.
✅ Support for Vulnerable Family Members
Ensure vulnerable beneficiaries are looked after by appointing a trusted person to manage the trust. You can control how they receive income or access funds—minimising risk and misuse.
✅ Discretionary Trust-Like Control
A testamentary trust functions similarly to a discretionary trust, giving the trustee broad powers under the trust deed to decide when and how to distribute income and capital.
How a Testamentary Trust Works
When you pass away, your deceased estate is managed by the executor. Once debts and taxes are settled, the remaining assets are held in the trust created by your will.
The trustee—who can be a family member, trusted friend, or professional—then distributes income or capital to the beneficiaries of the trust, in accordance with the trust deed. These trusts established through your will allow for flexibility, control, and legal protection that a basic will simply doesn’t provide.
Testamentary Trusts vs Simple Wills
| Feature | Simple Will | Testamentary Trust |
| Asset Protection | ❌ None | ✅ High |
| Tax Planning | ❌ Limited | ✅ Income and capital strategies |
| Long-Term Control | ❌ No | ✅ Yes |
| Support for High-Risk Beneficiaries | ❌ Minimal | ✅ Strong |
| Income Distribution Flexibility | ❌ No | ✅ Yes |
Is a Testamentary Trust Right for You?
You should consider a testamentary trust if you:
Have young children, dependants, or vulnerable beneficiaries
Want to reduce tax liabilities through tax efficient distribution
Are concerned about family law disputes or future relationship breakdowns
Have a blended family or complex estate
Want to maintain long-term control over how beneficiaries receive income
Why Choose Direct Lawyers?
We make estate planning simple, mobile, and personal. Our testamentary trust lawyers in Queensland take the time to understand your family’s goals and design tailored solutions that ensure your wishes are followed and your assets are protected.
🔹 Local experts in Brisbane and South East Queensland
🔹 We come to you – home visits available
🔹 Fixed-fee pricing – no hidden costs
🔹 Plain-English legal advice – no jargon
🔹 Trusted guidance through trusts established under your will
Secure Your Family's Future – Start Today
Creating a testamentary trust ensures that assets held in your estate are distributed wisely and fairly. With expert help, you can structure your legacy to support your family for the long term, minimise tax, and avoid future disputes.
📞 Book your consultation today
📍 Brisbane & South East QLD – We Come to You
📝 Clear, practical advice from experienced estate lawyers
Speak to Testamentary Trust Lawyers in Queensland – We're Here to Help
Want to know if a Testamentary Trust is right for your estate plan?
Call Us Today!
At Direct Lawyers, we make it easy. Based in South East Queensland? We can come to you—home or office. Prefer to meet in person? Visit our Milton office with free client parking. Or, book a convenient online consultation.
✅ Speak with a Queensland-based Testamentary Trust Lawyer
✅ Get clear answers tailored to your situation
✅ In-person, online, or mobile appointments available
✅ Free parking at our Milton office
✅ No-obligation 15-minute consultation
Why Clients Trust Our Testamentary Trust Lawyers in Queensland
At Direct Lawyers, client satisfaction drives everything we do. Our testimonials say it best — real stories of professionalism, compassion, and outstanding results.
See why Queenslanders choose us for Testamentary Trusts:
Frequently Asked Questions About Testamentary Trusts Qld
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While both are legal structures used to manage and distribute assets to beneficiaries, the key difference lies in when they are created and how they operate.
A testamentary trust is established through a will and only comes into effect after the will-maker’s death. A family trust, on the other hand, is set up during a person’s lifetime and can be used for wealth management, asset protection, and tax planning.
Click here to read our full guide comparing testamentary trusts and family trusts.
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If you want to provide long-term protection and support for your loved ones, a testamentary trust can be a valuable part of your estate plan. It’s especially useful if:
You have minor children or vulnerable beneficiaries
You want to protect assets from family law claims, bankruptcy, or poor financial decisions
You want tax flexibility in how income or capital is distributed
We recommend speaking to an experienced estate lawyer to assess your specific needs.
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Yes. Testamentary trusts offer tax benefits, especially for families with children under 18. Income from the trust can be distributed to minor beneficiaries and taxed at adult rates, which can result in significant tax savings. It’s considered a tax-efficient way to manage income and capital after your passing.
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The trustee is appointed in your will and is responsible for managing the assets held in the trust and distributing them according to your instructions. You can nominate a trusted family member, friend, or professional to act as trustee. Their powers and duties will be outlined in the trust deed.
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One of the key benefits of a testamentary trust is that it protects assets from being misused or lost in situations such as divorce, bankruptcy, or disputes. The trust is designed to give the trustee discretion when distributing funds, offering greater protection for high-risk or vulnerable beneficiaries.
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A testamentary discretionary trust is a type of testamentary trust that gives the trustee flexibility to decide who receives what, and when. It functions much like a discretionary family trust, but it is only activated after death and follows the rules set in the will. It combines the protective elements of a trust with the flexibility needed to respond to your beneficiaries' changing needs.
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A testamentary trust must be written into your will. It’s essential to work with a qualified estate lawyer to ensure the trust is legally valid, clearly structured, and reflects your wishes. At Direct Lawyers, we’ll guide you through the process and draft a will that includes a testamentary trust tailored to your family’s needs.