Testamentary Trust Will Australia | Protect Your Children’s Future and save $

Testamentary Trust Wills

A Testamentary Trust Will allows you to appoint someone to manage your estate and care for your children if you pass away. It ensures your assets are protected and distributed according to your wishes while your children are looked after by trusted people.

If you are a couple, this Will helps you nominate guardians and trustees to hold your estate in trust for your children, ensuring financial stability and proper care.

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Appointing a Testamentary Guardian

You can name a testamentary guardian in your Will to make important decisions about your children’s long-term care, such as their education, health, and religion.
Appointing a guardian doesn’t necessarily mean your child will live with that person. They will only have day-to-day care if the other parent has passed away and no court orders specify otherwise. (Source: Legal Aid Qld)

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Why You Need a Will

Many people delay writing a Will because they think it’s difficult, expensive, or uncomfortable to face. However, without a Will, your assets do not automatically go to your spouse or children. Instead, your estate may need a Letters of Administration application in the Supreme Court — a costly and time-consuming process.

Even a Simple Will ensures your property passes to your chosen beneficiaries — your spouse, family, or trusted friends — according to your wishes.

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Cost of Making a Will

The cost of a Will varies depending on its complexity:

• A simple solicitor-drafted Will: around $400

• A Will with children or a Testamentary Trust: $2,000–$3,000

At Documentive.com.au, we provide affordable, editable, and legally sound Wills that protect your family and save on unnecessary legal costs.

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Why Make a Testamentary Trust Will

A Testamentary Trust Will safeguards your children’s inheritance and ensures your estate is managed responsibly.
If you die without a Will, the court decides how your assets are distributed — which may not reflect your wishes. A Testamentary Trust Will prevents disputes, minimises tax, and protects family wealth across generations.

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When to Make or Update Your Will

You should write or update your Will when:

• You marry or remarry (marriage revokes previous Wills)

• You change your name or someone in your Will changes theirs

• An executor or beneficiary dies

• You enter or end a de facto relationship

• You buy property or start a business

• You turn 18 years old

A Will is a vital part of your financial and family planning — not a last-minute task.

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How a Testamentary Trust Works

A Testamentary Trust is created in your Will and takes effect after your death. It allows your appointed trustee (or trustee company) to manage assets for the benefit of your chosen beneficiaries.

The trustee can have discretionary powers to decide how income and capital are distributed, which can:

• Minimise tax for beneficiaries

• Protect family assets from divorce or bankruptcy

• Preserve wealth within your bloodline

This structure is particularly valuable for families with children, blended families, or complex estates.

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Making Your Will

If our online templates meet your needs, you can download the appropriate version directly from our website.
If you require a custom Testamentary Trust Will, our consultants can assist — contact us through the Contact Us page.

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Who Can Make a Will

Anyone over 18 years of age with the mental capacity to understand their decisions can make a Will.

Your executor is the person who administers your estate — often your spouse, a family member, or a trusted adviser. A beneficiary can also be an executor.

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Keep Your Will and Records Safe

Store your Will in a secure location and tell your executor where it is kept. Maintain an updated list of:

• Assets and liabilities

• Contact details for next of kin and beneficiaries

• Bank accounts, superannuation, and insurance

• Funeral instructions or prepaid arrangements

All Documentive Wills include an additional page to record specific gifts or personal wishes.

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Protect your family’s future with a Testamentary Trust Will today.
Visit Documentive.com.au to download your affordable, legally compliant Will — designed to give you peace of mind and financial protection for those you love.