‘Ever thought about how to keep your family safe and your wealth secure after you’re gone? That’s where testamentary trusts can come into Protective Estate Planning. They’re like a perpetual safety net for your hard-earned assets, making sure your wishes are followed and your chosen loved ones are looked after.

The Essence of Testamentary Trusts

At its heart, a testamentary trust is born from your will, creating a protective bubble around the assets you’ve dedicated your life to amassing. This isn’t just about keeping wealth within the family; it’s about ensuring it serves your loved ones in the ways you find most meaningful, shielded from external threats like creditors or complex family law entanglements.

A Real-World Scenario: The “Smith” Family

Consider John Smith’s predicament: a widower with two children, Sarah and Jacob, each walking distinct paths in life. John’s estate, valued at a neat $1M, needed careful handling to support Jacob’s challenges while empowering Sarah’s stewardship. By crafting a TT, John placed his trust in Sarah to manage brother-Jacob’s share wisely, ensuring the legacy was nurtured and protected for future generations, all within the bounds of his explicit wishes.

The Pros and Cons Unveiled

The advantages of integrating a TT into your will are many and profound: from offering a tax-efficient conduit for your assets, to providing a tailored approach to beneficiary care. Yet, the path to establishing a TT is laden with complexity, demanding meticulous legal drafting to avoid unforeseen pitfalls and to ensure the trust operates as intended……and indefinitely, if you wish. And the legal drafting comes from a SAPEPAA adviser like John Gowing who has grasped an understanding of the family dynamics and the family business structure from an accounting and tax perspective, who provides the lawyer with comprehensive briefing material.
Tax planning opportunities arise from the fact that infant beneficiaries, like your multiple grandchildren, can receive distributions of future TT income tax-free!

Navigating the Path Forward

Whether considering a TT for each child or a unified approach for the entire family, the strategy must reflect a deep understanding of your family dynamics and future aspirations. The creation of a TT, while intricate, opens a realm of possibilities for preserving your wealth in ways that align with your most heartfelt intentions.

The Testamentary Trust: A Linchpin in Estate Planning

As we delve deeper into the nuances of testamentary trusts, from their operational mechanics to the strategic advantages they offer, it’s clear that a TT is not just a tool but a legacy companion. With the expert guidance from EPI-centre, in briefing Abbott and Mourly Lawyers for legal advice and drafting, you can embark on a journey to discover how a testamentary trust can be the cornerstone of your thoughtful, resilient protective estate plan.

This isn’t just about money – it’s about making sure your family’s future is bright…..and happy. With a well-crafted TT embedded in your Will….maybe one specifically for each adult beneficiary, you can do just that. It’s a powerful way to protect your chosen beneficiaries’ inheritance…to enshrine your love, long after your final deadLine.

Embrace the journey with EPI-centre, and together, let’s craft a legacy that stands the test of time.

For a deeper dive into the transformative power of testamentary trusts and how they can fortify your estate plan, our eBook ( The Guide to Testamentary Trusts) dives deep into everything you need to know about testamentary trusts, filled with tips and tricks to make sure your legacy is protected. Plus, with a handy data capture, you can tailor the advice to fit your family’s needs perfectly.

Click Here to download your FREE copy of our eBook and begin the journey of securing your family’s future …Now!


These notes and preliminary recommendations are in summary form prepared exclusively for our clients, to identify scope and alert you to risks, opportunities taxation implications and other possibilities. They are not comprehensive and therefore should not to be used in isolation as a substitute for detailed advice or as a basis for formulating family wealth protection or protection or protective estate planning decisions.