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ARTICLE · 21 FEBRUARY 2012

Why do I need a will with a testamentary trust?

Having a testamentary trust in your will can have tax and asset protection benefits for your beneficiaries.

AustraliaFamily and Matrimonial

ADVANTAGES IN A NUTSHELL

Having a testamentary trust in your will:

  • Can have asset protection benefits for your beneficiaries, for instance, by protecting from loss caused by bankruptcy and in some cases, divorce.
  • Provides capital gains and income tax efficiencies.
  • Is prudent where a beneficiary to your will is either incapable of managing their own affairs or vulnerable to exploitation.

A testamentary trust is a trust that is established under a will. There are three major benefits which flow from utilising a testamentary trust in your will:

  1. Ability to split income;
  2. Asset protection benefits; and
  3. Other protective benefits.
  1. Ability to split income

If a beneficiary receives their inheritance in their personal name, they are taxed on any income and capital gains acquired from the investment of their inheritance at their personal marginal tax rate.

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