Testamentary Trust Wills
Testamentary
Trusts
A well-crafted Testamentary Trust in your Will can protect the people you love most and give them lasting support long after you’re gone.
Our estate planning lawyers in Perth help you build that protection into your Will, creating personalised structures that reflect your wishes and provide real peace of mind.
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The Law
Australasia
Pursuit of
Excellence Award
Doyle’s guide
award
2025 | 2024 | 2023
2022 | 2021 | 2020
How we help you create a Testamentary Trust
Testamentary Trusts offer a thoughtful and structured opportunity to support your loved ones while safeguarding the wealth you’ve built. Set up within your Will and activated upon your passing, these trusts can provide asset protection, tax advantages, and personalised care for those who need it most.
Testamentary trusts are particularly useful for children under 18, family members with disabilities, or adult beneficiaries facing financial hardship or life challenges. With the right structure in place, you can make sure your estate supports your family’s long-term wellbeing in exactly the way you intended.
We can tailor your testamentary trusts to:
- Preserve assets from waste or mismanagement by high-risk beneficiaries
- Protect inheritances from family law disputes or marital breakdowns
- Safeguard assets from exposure to a beneficiary’s business failure or financial claims against them
- Protect your most vulnerable beneficiaries, including those with disabilities
- Reduce tax burdens where beneficiaries have high marginal tax rates, or by allocating income to a lower-income spouse or partner
- Maximise tax effectiveness through distributing income to minor children or grandchildren
What you need to know about Testamentary Trusts
Testamentary Trust Wills are among the most powerful and flexible estate planning tools available. Every family is different, and these Trusts can be tailored to suit the needs of individuals, couples, or entire generations.
They’re especially effective when it comes to:
Protecting younger beneficiaries
Children under 18 cannot legally inherit directly, so their share of an estate must be held in Trust until they come of age. But in many families, 18 is simply too young to responsibly manage a substantial inheritance. A Testamentary Trust allows you to delay access until a more suitable age—21, 25 or even 30—depending on your child’s maturity, financial literacy, or life stage. You can also stagger distributions or tie access to milestones like education or employment.
Choosing the right trustees
Your trustees will be responsible for managing the Trust and making key decisions about distributions, so choosing the right people is critical. A single trustee might seem simpler, but it can open the door to unchecked decisions or conflicts of interest. We often recommend appointing at least two co-trustees to create balance, accountability, and ensure the Trust is managed in line with your wishes.
Unlocking powerful tax advantages
Testamentary Trusts offer exceptional tax efficiency, especially for families with minor children or grandchildren. Unlike Family Trusts created during your lifetime, which are limited to around $500 of tax-free income for minors before being taxed at the highest marginal rate, Testamentary Trusts can distribute approximately $18,000 per year to each minor beneficiary entirely tax-free. That’s a substantial advantage when planning for intergenerational wealth transfer.
Planning for disability and vulnerability
When you’re caring for someone with a disability or complex needs, a Testamentary Trust—or a Special Disability Trust under the Social Security Act—can provide vital long-term protection. These structures allow up to $500,000 to be excluded from Centrelink means testing, helping maintain eligibility for government support. We can also build in tailored protections against risks such as divorce, financial abuse, or mismanagement. If needed, remaining funds can pass to other family members after your primary beneficiary passes, ensuring no part of your legacy is lost.
Protecting assets across generations
Testamentary Trusts are a powerful way to ensure your assets pass to the people you intend, particularly in blended families where inheritance lines can become blurred. These Trusts can be structured to support stepchildren or other dependants during their lifetime, while ultimately preserving wealth for your children or grandchildren.
Customising your Trust to fit your family
Your family, your circumstances, your legacy—no two are the same. We help you create a Testamentary Trust that aligns with your personal goals, protects loved ones, and preserves what matters most for generations to come.
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Need advice on Testamentary Trusts? We’re just a phone call away
Our trusted estate planning lawyers in Perth can help you create a Testamentary Trust Will that protects your legacy and supports the people who matter most. Book an appointment to start planning with clarity and care.
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“I cannot thank Matthew and Morgan enough for their dedication and support during one of the hardest times of my life. From the very beginning, they were not only incredibly knowledgeable and strategic, but also deeply moral, always upholding integrity while achieving outstanding results. I always felt heard, supported, and confident in their guidance. Their trustworthiness gave me peace of mind, and they were always available when I had questions or concerns. If you need a lawyer who truly cares and fights for you, I highly recommend Solomon Hollett Lawyers.”
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“The last few months have caused a significant amount of stress for me around an estate matter. I wasn’t sure what to expect when I searched for legal assistance since I have never had to use the services of a law firm before. Other Google reviews led me to Solomon Hollett Lawyers where I found Brandon to be very helpful and knowledgeable. Just knowing that he was supporting me in this matter made all the difference and helped to facilitate a positive outcome.”
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“Great experience dealing with the team from Solomon Hollett hired to represent me in a contested estate Will in which I was the executor. Best described as down to earth interactions with good comms and professionalism maintained throughout, a positive result was achieved and I have no hesitation in recommending the team.”
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“We had a great experience with Brandon from Solomon Hollett. From the first phone call, I could tell that he had a solid grasp of our situation and what we wanted to achieve. He was very helpful and very responsive throughout our dealings with him. He got everything done in a timely way and we’re very happy with the result. Definitely recommended! Thanks, Brandon :)”
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Jaine
“Matthew Gunn was highly recommended to my wife and I. We both needed to renew our old out-dated Wills. We found Matthew to offer very good advice, he also is a good listener and once he gathered the details and our wishes he then gave valuable legal suggestions to ensure we had new Wills that suited our complex needs. Our new detailed legal Wills are exactly the way we wanted it. We can now rest easy knowing that should something happen to one or both of us, our Wills will ensure our investments and wishes are managed the way we requested. If you need legal advice or Wills drawn up, I would recommend you make an appointment to see Matthew Gunn.”
Paul
“I had an exceptional experience with Solomon Hollett Lawyers, particularly thanks to Annabel and Brandon. Annabel was my primary contact throughout my family provisions claim, and her professionalism and honesty made a significant difference. She was always open and transparent, ensuring I understood each step of the process. Brandon, as the director, provided valuable insights and guidance that further reinforced my trust in their team. Both of them set realistic expectations, which helped me navigate a challenging situation with confidence. I truly felt supported and informed every step of the way. I highly recommend Solomon Hollett Lawyers for anyone needing expert legal assistance!”
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“We engaged Solomon Hollett to represent us (executors) in a challenging and frustrating estate matter. We cannot praise both Morgan Solomon and Matthew Gunn highly enough for the extremely professional and understanding approach they took and their attention to detail. Their knowledge of both the law and estate procedures was second to none and their communication skills were outstanding. We settled the matter at mediation thanks in large part to their support and guidance. I would very strongly recommend them.”
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“Many thanks to Brandon Hetherington who helped us with a recent property transaction matter and achieved a favourable outcome. Brandon was referred to us by an interstate law firm as a matter of urgency. We were and are immensely grateful that he was exceptionally professional, efficient, knowledgeable, informative, experienced, responsive and respectful in assisting us. His advice gave us extra confidence in dealing with the matter and we were fully satisfied with the results. We cannot thank Brandon enough. We give 10 out of 5 stars for Brandon, and highly recommend his services and Solomon Hollett Lawyers.”
LF
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Peter
“I am forever grateful to have found Matthew Gunn (of Solomon Hollett Lawyers) to handle my complex family estate matter. I organised a free telephone consult from interstate with Matthew (because of positive online reviews), and I am so pleased that I did. From the outset, Matthew’s empathy, estate legal knowledge and confidence in my case was reassuring and a great relief. I was not only impressed with Matthew’s knowledge of estate law but also his kindness and unwavering persistence to fight for me.
My case was complex (it was drawn out for approximately 18 months) and whilst Matthew was my main contact, I also had the pleasure to work with Jessica Spee. I felt very supported by both Matthew and Jessica and impressed with their high level of professionalism, respect and compassion. This professionalism also carried through to support staff. I wholeheartedly recommend Solomon Hollett Lawyers and thank Matthew and Jessica for their work to settle my case favourably, so that I can move forward with my life.”
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“We are very grateful for the professionalism and knowledge of both Matthew and Morgan who helped us to deal with a very difficult family estate matter.
Throughout the process they clearly outlined all the options available for us and helped us to work through the best option for us.
They helped us to remain focused on the main issues at hand when we were up against some very frustrating and stressful matters.
In addition the ability to hold meetings via teleconference due to living over 2 hours away made the process even easier.
We would definitely recommend Solomon Hollett Lawyers to anyone that is having issues with Estate Matters.”
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There have been several key changes in the WA Wills and estates space recently and this law will continue to evolve. This updated guide outlines what’s new, what’s important, and what it could mean for your situation. It’s full of practical insights into Wills, estate planning, and litigation in Western Australia..
Can’t find what you’re looking for?
What do I need to know about a Trust?
Do I need a Trust?
What is a Testamentary Trust?
What types of trusts are available?
What’s the difference between a Discretionary Trust and a Testamentary Trust?
What are the tax benefits and other uses of Testamentary Trusts?
Can a Testamentary Trust help protect family assets in property settlements or disputes?
How is income and capital treated in a Testamentary Trust?
Can trust deeds be challenged during estate litigation or family provision claims?
How do trusts relate to deceased estates?
Talk to us about Testamentary Trust Wills
If you’re thinking about protecting your estate and your family’s future, our team of Family Trust lawyers in Perth can help you create a tailored Testamentary Trust that fits your needs. Fill in the form below to get started.
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Western Australia 6872
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