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    We picked the most highly specialised and talented lawyers

    Our team will guide you through setting up a testamentary trust that gives you strong asset protection and flexible control over how your estate is managed. We take the time to understand your circumstances and tailor the trust to your needs, so your beneficiaries receive long-term support that genuinely reflects your intentions.

    Stipe Vuleta

    Managing Director

    Angela
    Backhouse

    Director

    Ben Hatte

    Director

    Harold O’Brien

    Director

    Marissa Dimarco

    Director

    Mohamad
    Mourtada

    Senior Associate

    Reina Katsumata

    Law Graduate

    Mia Topen

    Paralegal

    Our process

    01Understanding Your Family and Financial Circumstances

    We begin by exploring your family dynamics, financial position, and potential risks such as bankruptcy, divorce, or vulnerability. This helps us determine the type of trust structure that will provide the best protection.

    02Designing the Trust Framework

    We discuss how you want the trust to operate, including who should control it and how funds should be distributed. This ensures the trust structure aligns with both your wishes and your beneficiaries’ needs.

    03Drafting Detailed Testamentary Trust Provisions

    We prepare clear, enforceable trust instructions within your will that outline how assets should be managed and used. These provisions provide certainty and long-term guidance for trustees and beneficiaries.

    04Appointing Suitable Trustees

    We help you choose trustees who are capable, trustworthy, and aligned with your values. Selecting the right trustee is essential to ensure the trust operates as you intended.

    05Ongoing Review and Support

    We assist with reviewing your trust instructions as circumstances change and provide ongoing guidance to your trustees if needed. This ensures the trust remains effective and relevant over time.

    Our services

    01 Testamentary Trust Setup and Drafting

    What We Do

    We create testamentary trust structures that are carefully designed to protect assets and provide flexibility in how distributions are managed. Each trust is drafted to reflect your personal, financial, and family circumstances, ensuring it aligns with your long-term goals.

    Why It Matters

    A well-drafted trust offers security and control over how your estate is handled after your passing. It reduces the risk of disputes, safeguards assets from external threats, and ensures your beneficiaries receive their inheritance in a structured and responsible way.

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    Shielding Your Legacy

    We design trusts that act as a protective barrier against external pressures such as divorce settlements, bankruptcy proceedings, or legal claims. This ensures that your assets remain secure and available for the people you intended to benefit.

    Why It Matters

    Without these protections, inheritances can be vulnerable to third-party claims or relationship breakdowns. Our approach ensures your wealth stays within your family and is preserved for future generations.

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    Controlled Access

    Testamentary trusts allow you to provide gradual or conditional access to funds for young beneficiaries or those who may be at risk due to health, financial habits, or other vulnerabilities. This prevents misuse and promotes responsible financial management.

    Long-Term Stability

    By structuring distributions over time, you create a safety net that supports beneficiaries throughout their lives, ensuring they have ongoing financial security rather than a single lump sum that could be mismanaged.

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    Maximising Benefits

    We structure trusts to allow income to be distributed in tax-efficient ways, reducing the overall tax burden on your estate and beneficiaries. This can significantly increase the net benefit your loved ones receive.

    Strategic Planning

    Our team considers current tax laws and future implications to ensure your trust remains compliant and optimised for long-term financial efficiency.

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    Choosing the Right People

    We help you select trustees who are reliable, impartial, and capable of managing complex responsibilities. This includes assessing their suitability and explaining the legal obligations involved.

    Ongoing Support

    Our guidance doesn’t stop at selection, we provide trustees with clear instructions and ongoing advice to ensure the trust is administered with care, accountability, and consistency.

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    Building a Legacy

    Testamentary trusts can be structured to benefit not only your children but also future generations. This creates a framework for preserving wealth and supporting your family for decades to come.

    Future-Proofing Your Estate

    We design trusts with flexibility and foresight, allowing them to adapt to changing circumstances while maintaining the core purpose of protecting and growing your family’s financial legacy.

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    What Is a Testamentary Trust?

    A testamentary trust is one of the most powerful legal structures available for estate planning. It is created through your Will and only comes into effect after your death, making it an ideal solution for protecting assets and ensuring your beneficiaries are supported in a structured and secure way. Unlike a simple Will, a testamentary trust provides ongoing control and flexibility, allowing you to safeguard wealth for years to come.

    Why It Matters

    Asset Protection

    This trust structure acts as a shield against risks such as family law disputes, bankruptcy, or creditor claims. By placing assets within a trust rather than transferring them outright, you reduce exposure to external pressures and ensure your wealth remains intact for those you intend to benefit.

    Beneficiary Support

    A testamentary trust allows you to provide tailored financial support to your beneficiaries. Whether it’s gradual access for young children, controlled distributions for vulnerable family members, or tax-effective income allocation, the trust ensures your estate is managed responsibly and in line with your wishes.

    Flexibility and Control

    Timing and Activation

    One of the key advantages of a testamentary trust is its flexibility. Because it only takes effect after the testator’s death, you retain full control of your assets during your lifetime while planning for a secure future for your loved ones.

    Customised Structure

    Our team works closely with you to design a trust that reflects your unique circumstances—considering family dynamics, financial goals, and long-term objectives. This ensures the trust is not only legally sound but also practical and aligned with your vision.

    Our Role in Creating Your Trust

    Expert Drafting: We prepare all necessary documentation to establish a testamentary trust that complies with current legislation and best practice standards. Every detail is considered to prevent ambiguity and ensure enforceability.

    Ongoing Guidance: Beyond drafting, we provide clear advice on trustee selection, tax implications, and administration requirements. This gives you confidence that your trust will operate smoothly and deliver lasting benefits to your beneficiaries.

    Call us at +61 1300 676 823
    Email us at hello@chamberlains.com.au

    FAQ

    01What is a testamentary trust?

    A testamentary trust is a trust created through your Will that only comes into effect after your death. It allows you to control how your assets are managed and distributed over time, providing flexibility and protection for your beneficiaries.

    Testamentary trusts offer significant benefits, including asset protection, tax advantages, and controlled distributions. They help safeguard inheritances from external risks and ensure your wealth is managed according to your wishes.

    Yes. When properly structured, a testamentary trust can shield inheritances from claims arising from divorce or bankruptcy. This means your beneficiaries are less likely to lose their inheritance due to personal financial issues.

    A testamentary trust can provide gradual or conditional access to funds, ensuring long-term financial stability for beneficiaries who may be young, inexperienced, or vulnerable. This prevents misuse of funds and supports their wellbeing over time.

    Yes. Testamentary trusts often allow income to be distributed among multiple beneficiaries, including minors, in a tax-efficient way. This can significantly reduce the overall tax burden on your estate.

    Choosing the right trustee is crucial. We help you select trustworthy individuals or professionals and explain their responsibilities, which include managing assets, making distributions, and complying with legal obligations.

    Yes. Testamentary trusts can be structured to support future generations, preserving wealth and providing ongoing benefits for your family over decades.

    Absolutely. Professional drafting ensures the trust complies with legal requirements and is enforceable. Poorly drafted trusts can lead to disputes and unintended consequences.

    Yes. Testamentary trusts can hold business interests, investments, and other complex assets. This helps maintain continuity and protects valuable assets for your beneficiaries.

    Regular reviews are essential to keep the trust aligned with your goals and current laws. We recommend reviewing it every few years or after major life changes.

    No. Many families use testamentary trusts to protect modest assets or provide structured support for vulnerable beneficiaries. They are not limited to high-net-worth individuals.

    Often, yes. By distributing income across multiple beneficiaries, including minors, testamentary trusts can achieve significant tax savings compared to direct inheritance.

    Yes, depending on the structure you choose. Controls can be put in place to manage conflicts of interest and ensure decisions are made responsibly.

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