The Structuring Podcast

16. Testamentary Discretionary Trusts


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A testamentary trust is any trust set up in a person’s will and a testamentary discretionary trust is a discretionary trust set up in a person’s will. They have all the benefits of a discretionary trust set up during a person’s lifetime, but with more. Minor children can be taxed at adult rates of tax on income derived from a deceased estate, including indirectly via a testamentary discretionary trust.

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