Knowledge

A Testamentary Trust Will is used to give a legacy to one or more beneficiaries by utilising a trust for each beneficiary.   

It is an interesting scenario when considering if the assets of a testamentary trust should be treated as property in a divisible pool of assets in a family law dispute. More commonly these issues have been considered in relation to inter vivos Discretionary trusts.  There is however, a series of family law cases which help to establish key principles.