It’s one of the hardest moments in estate planning practice.
A person has died, and as you review the will, it’s immediately obvious that the family would have hugely benefited from a testamentary trust. Asset protection. Tax planning. Flexibility for kids. All of it… missing.
So the question becomes: Can we fix this after death?
In this episode, I explore what happens when a testamentary trust wasn’t included in the will, and whether a so-called post-death testamentary trust can step in as a substitute.
What people really mean when they talk about “setting up a testamentary trust after death”The limits of what can (and can’t) be achieved once the testator has passed awayHow post-death TTs compare to a properly drafted testamentary trust in a willThe lessons this scenario teaches us about drafting, client education, and managing expectationsWhile post-death strategies can sometimes soften the blow, they are rarely a true replacement for getting the structure right upfront.