25/08/2026
Here's a question we ask every will client: when your children inherit, what happens next?
Under a standard will, the answer is simple — the assets land in their personal names. Which means their inheritance is exposed to whatever life throws at them: a divorce settlement, a business failure, bankruptcy, a lawsuit. You spent decades building it; it can change hands in one bad year.
A testamentary trust will works differently. Instead of an outright gift, each child's inheritance is held in a trust that comes to life through your will — typically with that child controlling it, but with the assets sitting inside a protective structure rather than their own name. It can also offer flexibility in how income is distributed across the family, which may carry tax advantages — a conversation to have alongside your accountant, as we don't provide tax advice.
The difference in cost between a standard will and a testamentary trust will is modest. The difference in protection can be everything you leave behind.
If your estate includes property, a business, or simply children you want protected — ask us about a smarter will.
General information only — not legal advice. Taxation implications should be discussed with your accountant or registered tax agent.