Testamentary Trust Lawyers

A testamentary trust can provide greater structure around how estate assets are controlled, protected and distributed after death. Clear drafting and careful planning help ensure the trust reflects your intentions and works alongside your broader estate plan.

We help:

  • Clarify whether a testamentary trust is appropriate for your estate plan
  • Structure arrangements for beneficiaries and estate assets
  • Align your will, control arrangements and succession objectives
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Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)

First class advice, service, and communication. I have had the pleasure of working with Velocity Legal for many years across a range of challenging matters and they never fail to impress.

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They provided so much support and guidance through the process and I felt like they genuinely cared about getting the right outcome for me. They obviously know their stuff but were able to explain things in a simple and clear way.

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Approachable, honest, professional and transparent. An absolute pleasure to work with.

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86 Google Reviews
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We Undertand What You Are Going Through

Considering a testamentary trust often means thinking beyond a simple distribution of assets. You may be planning for young beneficiaries, blended family arrangements, asset protection concerns, business interests, or beneficiaries who may need support managing wealth over time.

These decisions can be difficult because they involve control, fairness, tax considerations, and family dynamics. You may be unsure who should act as trustee, how much flexibility should be built into the trust, or how the arrangements will operate after your death.

We help you approach these issues in a calm and structured way. Our role is to help you understand the practical implications, prepare clear documents, and ensure your testamentary trust arrangements fit within your broader estate planning framework.

Our Services Include

  • Advising on whether a testamentary trust is appropriate as part of your estate plan
  • Preparing wills that include testamentary trust provisionsReviewing and updating existing wills that contain testamentary trusts
  • Advising on trustee appointments, control mechanisms, and succession arrangements
  • Structuring testamentary trusts for minor beneficiaries, blended families, or vulnerable beneficiaries
  • Advising on how testamentary trusts interact with estate administration, tax considerations, and asset protection
  • Assisting executors and trustees with the establishment and administration of testamentary trusts after death

Our Difference

Accountability & Expertise

Every matter we handle comes with full accountability. You’ll deal directly with an expert – every time, no exceptions.

In Your Shoes

Understanding your unique circumstances and goals - so our advice is practical, personal, and never given in a vacuum.

Transparency & Communication

We speak your language. That means plain, clear advice - what’s happening, why it matters, and what comes next.

50+
Australian Based Team
4,000+
Matters Expertly Handled
10+
Awards & Industry Recognition

Our Process

  1. Book Meeting
    Fill in the contact form below or call our office to book an initial consult. You can choose between an in-person or video conference.
  2. Get Advice

    You’ll discuss your situation in depth with a senior lawyer. This includes exploring your requirements, goals, and desired outcomes. You’ll walk away from this meeting with a clear understanding of the next steps.
  3. Achieve Outcomes

    Our legal team will work tirelessly to achieve your desired objectives. We work hard, communicate regularly, and pride ourselves on delivering results.
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Take the First Step Today

You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

  • Transparent quotes (no ‘bill shock’)
  • Rapid response
  • Award winning team
Andrew Henshaw
Managing Director
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)

Our Directors

Managing Director

Andrew Henshaw

Director

Greg Thomas

Director

Jess Hill

Director

Rajan Verma

Director

Seamus Ryan

Frequently Asked Questions
What is a testamentary trust?
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A testamentary trust is a trust created under a will that comes into effect after a person dies. It can allow estate assets to be managed and distributed through a trust structure rather than being transferred directly to beneficiaries.
When might a testamentary trust be useful?
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A testamentary trust may be considered where an estate plan involves young beneficiaries, blended families, asset protection concerns, business or investment assets, or beneficiaries who may benefit from structured control over distributions. Whether it is appropriate depends on the person’s assets, family circumstances, and estate planning objectives.
Who controls a testamentary trust?
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Control usually sits with the trustee or trustees appointed under the will or trust provisions. Choosing the right trustee is an important decision because they may have significant responsibility for managing assets and making distribution decisions.
Can an existing will be updated to include a testamentary trust?
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Yes. An existing will can usually be reviewed and replaced or updated if you have decision-making capacity. This is often worth considering where your family, assets, business interests, or planning priorities have changed.
Are testamentary trusts only for large estates?
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Not necessarily. Testamentary trusts are often associated with larger or more complex estates, but they can also be relevant where there are particular family, control, tax, or asset protection considerations. The key question is whether the structure adds practical value in your circumstances.
When should I speak to a lawyer about a testamentary trust?
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It is sensible to seek advice before preparing or updating your will if you are considering a testamentary trust. Early advice can help clarify whether the structure is appropriate and how it should be drafted to reflect your intentions.

Take the First
Step Today

You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

  • Transparent quotes (no ‘bill shock’)
  • Rapid response
  • Award winning team
Book Consult
4.9
86 Google Reviews
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)