Wills and Probate


Legal Testamentary Trust Will. Testamentary Trusts are trusts established under a Will. Because a Will only operates upon the death of the Will-maker, a testamentary trust comes into operation after the Will-maker’s death-generally when the executor first transfers assets into the Trust. A Will may make provision for one or more Trusts. It is possible to draft a will that provides for a testamentary trust but at the same time allows a beneficiary to elect to take a distribution directly and avoid the expense of operating a testamentary trust.