Testamentary trust

A typical Australian last will and testament for a man with a wife and three children. The testator leaves everything to his wife and only establishes a testamentary trust for the children if the wife predeceases him or fails to survive him for at least thirty days. If his wife predeceases him, the testator sets up three trusts after his death to provide for each of his three children and their direct descendants ("lineage" concerns), thereby excluding the issues of marriage and divorce from the determination of beneficiaries. (P-32140)

A typical Australian (template) last will and testament for a man with a wife and one child. The marriage is de facto. The testator appoints his wife as sole executor and establishes two testamentary trusts, one for his wife and one for his child and splits the funds by percentage. (P-86759)

A clause that can be inserted in the Will to exclude particular persons from being a beneficiary under this Will. Not all Wills will need this clause but in some circumstances it could warn the non-beneficiary from pursuing a contest and make such a contest less likely to succeed. It will be inserted after SPECIAL GIFTS AND BEQUESTS and before RESIDUAL GIFTS DEVISES AND BEQUESTS. (P-21298)

In this example Australian last will and testament a man has two children, one of whom is disabled and intellectually impaired. The testator establishes a testamentary trust to look after his son for the rest of his life, following the death of his father. He gives the house and some money to his wife and some special gifts and bequests (probably something to his daughter) but his main focus is on the trust because the others are capable of looking after themselves while his son is not.

A typical last will and testament for a man with no family commitments. The testator leaves everything to a testamentary trust to pursue a particular public purpose. In the original will the mission was to provide scholarships in perpetuity. Australian legal instrument.

When you are getting ready to write your Will it is useful to sit down beforehand and list all the information you may need in the preparation of the Will, so you are not interrupted or distracted in the preparation of the document itself. This is a simplified list which is often all you need.

In this example Australian last will and testament a aingle-parent man has two children, one of whom is disabled and intellectually impaired. The testator establishes a testamentary trust to look after his son for the rest of his life, following the death of his father. He gives some special gifts and bequests (probably something to his daughter) but his main focus is on the trust because the others are capable of looking after themselves while his son is not. Others (such as his daughter) may benefit from the trust but only after the primary purpose of the trust has been satisfied.