Wills &
Testamentary
Trusts.
Direct your assets. Control how they are received.
What are Wills and Testamentary Trusts?
A Will directs who receives your assets when you die. A Testamentary Trust, established through your Will, controls how and when beneficiaries receive those assets.
A Testamentary Trust can reduce a beneficiary's exposure to a future relationship breakdown, creditors, or poor financial management, and lets you provide for minor children on your own terms.
Legally Ready drafts Wills and Testamentary Trust structures for blended families, business owners, and anyone whose assets need more than a simple bequest.
Who it's for
- Anyone with assets, property or savings
- Parents who want to appoint a guardian for their children
- People in blended families or de facto relationships
- Business owners who want to protect their business interests
- Anyone whose circumstances have changed since their last Will
What's included
- Consultation to understand your assets, family structure and wishes
- Drafting of a legally valid Will
- Appointment of executor and guardian (if applicable)
- Testamentary Trust structure where appropriate
- Guidance on storing and updating your Will
Common questions
What happens if I die without a Will in NSW?
In NSW, dying without a Will means the Succession Act 2006 intestacy rules apply. Your assets may not go to the people you intend. The rules follow a fixed priority order — spouse, children, parents, siblings — and don't account for your specific wishes. This matters most for blended families: when a spouse and children from an earlier relationship are both in the picture, the intestacy formula decides how the estate is split between them, not you.
What is the difference between a Testamentary Trust and a family trust?
A family trust is established and operates during your lifetime. A Testamentary Trust is created by your Will and only comes into effect after your death. Both can provide asset protection and tax benefits, but they serve different purposes and are established in different ways.
Does a Testamentary Trust guarantee protection?
No structure guarantees an outcome. A Testamentary Trust reduces a beneficiary's exposure to relationship breakdown, creditors, and mismanagement — it doesn't eliminate it. Courts retain discretion, and family provision claims against an estate remain possible regardless of how it's structured. What a well-drafted trust gives you is a clear framework, instead of a lump sum with no protection at all.
This page provides general information about Australian law. It isn't legal advice for your situation — book a consultation to discuss what applies to you.
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