Walshs | Walshs was established in 1991 and has grown to become one of South East Queensland's leading accounting and financial planning firms

Testamentary trusts: the benefits and considerations

One of Queensland’s leading financial planning, accounting and lending firms for medical and private clients. Providing accounting, mortgage broking and strategic financial planning advice.

T: 61-7-3221 5677
Email: enquiries@walshs.com.au

Walshs
Level 24/10 Eagle Street, Brisbane QLD 4000

Open in Google Maps
  • Medical Clients
  • Private Clients
BOOK A MEETING

Walshs Insights

Testamentary trusts: the benefits and considerations
Friday, 14 June 2019 / Published in Uncategorized

Testamentary trusts: the benefits and considerations

[vc_row type=”in_container” full_screen_row_position=”middle” scene_position=”center” text_color=”dark” text_align=”left” overlay_strength=”0.3″][vc_column column_padding=”no-extra-padding” column_padding_position=”all” background_color_opacity=”1″ background_hover_color_opacity=”1″ width=”1/1″ tablet_text_alignment=”default” phone_text_alignment=”default”][vc_column_text]

Benefits of using a testamentary trust

Testamentary trusts are established under a valid will to provide a greater level of control over the distribution of assets to beneficiaries.

Not only do testamentary trusts provide tax advantages, they can also be an effective estate planning tool when it comes to the protection of your assets. The manner in which assets are distributed to trust’s beneficiaries will depend on the type of testamentary trust. The two most common types are:

  • Discretionary testamentary trusts, which the ATO advises can be used in some cases for tax outcomes and asset protection. It is a separate trust of the deceased estate, and the trustee has the discretion to distribute capital or income between the beneficiaries that are nominated in the will.
  • Protective testamentary trusts, this is when the beneficiary takes their inheritance through the trust and does not have the option to appoint or remove trustees. It is generally established for the benefit of someone who is otherwise unable to manage their own affairs.

Tax advantages:

One reason that you may choose to use a testamentary trust is for its ability to achieve tax outcomes. Income, capital gains and franked dividends can be distributed by trustees among beneficiaries each year in a way that is tax effective. For example, the trustee of a discretionary testamentary trust may choose to pay certain amounts to various beneficiaries with differing incomes, which could minimise the tax paid on the total sum.

Distributions from a testamentary trust to minors is usually taxed at adult marginal rates rather than penalty minor rates. This allows eligible minor beneficiaries to receive the full tax-free threshold concessions of $18,200 on income received through a trust.

Asset protection:

Testamentary trusts can protect your assets when they get passed on to beneficiaries. A common objective by those who administer testamentary trusts is to ensure that each beneficiary’s inheritance is protected from recovery by creditors. For example, inheritances or superannuation death benefits that are paid directly to beneficiaries can be susceptible to recovery or seizure by any creditors that person may have. However, placing the death benefit or other assets into a testamentary trust will protect your dependants against recovery as creditors can’t claim assets or income held in trust.

Before setting up a testamentary trust, there are a number of things that should also be taken into consideration, such as tax implications for the exemption of capital gains tax on your residence if it is held in the trust, or potential fees involved in the cost of administering a trust.

Contact us to see how this will affect you, and to receive advice on the benefits of testamentary trusts in your estate planning.[/vc_column_text][/vc_column][/vc_row]

  • Tweet

What you can read next

Income Tax Return Checklist 2019
Income Tax Return Checklist 2019
Outcomes and implications of the Federal Budget
Outcomes and implications of the Federal Budget
2026 EOFY Tax Planning Checklist: Key Dates You Need to Know
2026 EOFY Tax Planning Checklist: Key Dates You Need to Know

Recent Posts

  • RBA Interest Rate Rise: Is It Time to Review Your Home Loan?

    RBA Interest Rate Rise: Is It Time to Review Your Home Loan?

    With the Reserve Bank of Australia (RBA) increa...
  • Proposed Discretionary Trust Tax Changes: What You Need to Know

    Proposed Discretionary Trust Tax Changes: What You Need to Know

    The Federal Government has introduced proposed ...
  • From Brisbane to MIT: A Journey of Learning, Leadership and Innovation

    From Brisbane to MIT: A Journey of Learning, Leadership and Innovation

    Annabelle Clare, General Manager, Walshs  In Se...
  • TPD Insurance for Medical Professionals: Why Premiums Are Rising and What to Review

    TPD Insurance for Medical Professionals: Why Premiums Are Rising and What to Review

    For doctors and medical professionals, your abi...
  • Financial Wellbeing for Medical Professionals: Key Insights From the Latest PPS Mutual Research

    Financial Wellbeing for Medical Professionals: Key Insights From the Latest PPS Mutual Research

    Australia’s doctors, dentists and allied health...
Walshs

Trusted experts in your financial future since 1991.

Book a meeting
Facebook-f Linkedin-in Instagram

Explore

  • Medical clients
  • Private clients
  • Mortgage broking
  • Meet the team
  • Book a meeting

Contact

Phone(07) 3221 5677

Emailenquiries@walshs.com.au

Mortgage brokinglending@walshs.com.au

Fax(07) 3221 5744

Visit

OfficeLevel 24, 10 Eagle Street
Brisbane City QLD 4000

PostalGPO Box 12
Brisbane QLD 4001

AFR Top 100 Accounting Firms 2022-2025

Top 100Australian Financial Review Top 100 Accounting FirmsListed 2022, 2023, 2024 and 2025

Australian Financial Review
Top 100 Accounting Firms

Australian Accounting Awards 2025 Finalist - Boutique Firm of the Year

FinalistBoutique Firm of the Year (20 employees or more)Australian Accounting Awards 2025

Australian Accounting Awards 2025 Finalist - Multiservice Firm of the Year

FinalistMultiservice Firm of the YearAustralian Accounting Awards 2025

Australian Accounting Awards 2022 Winner - Accounting Support Staff of the Year

WinnerAccounting Support Staff of the YearAustralian Accounting Awards 2022

IFA Excellence Awards 2022 Winner - IFA Excellence Award Company

WinnerIFA Excellence Award – CompanyIFA Excellence Awards 2022

Cybercert SMB1001 Gold Level 3

Gold certifiedSMB1001 Gold Level 3 cyber securityCyber Security Certification Australia

Xero Platinum Partner

Platinum PartnerXeroCloud accounting software

Plus nine more Australian Accounting Awards and IFA finalist places since 2022

2024

Multiservice Firm of the YearAustralian Accounting Awards · Finalist

2023

Boutique Firm of the Year (20 employees or more)Australian Accounting Awards · Finalist

Wellness Program/Initiative of the YearAustralian Accounting Awards · Finalist

Partner of the YearAustralian Accounting Awards · Finalist

Wellness Program/Initiative of the YearIFA Excellence Awards · Finalist

2022

Boutique Firm of the Year (20 employees or more)Australian Accounting Awards · Finalist

Wellness Program/Initiative of the YearAustralian Accounting Awards · Finalist

Accounting Support Staff of the YearAustralian Accounting Awards · Finalist

Wellness Program/Initiative of the YearIFA Excellence Awards · Finalist

All advice on this site is general in nature and does not take into account your personal circumstances. Please do not hesitate to contact one of our adviser accountants or financial planning advisers if you have a query that is specific to your circumstances.

ABN 11 248 978 295 Walshs Financial Planning Pty Ltd AFSL 432636 · ABN 82 122 293 912 Corporate Authorised Representative No. 463774 of Walshs Finance Australian Credit Licence 459119 · Liability limited by a scheme approved under Professional Standards Legislation.

© 2026 Walshs

  • Privacy Policy
  • Financial Services Guide
  • Credit Guide
  • Complaints Policy
TOP
lending-15-min-ph

If the time you would like is not available, please contact our office on 07 3221 5677.

Make a booking with Darole Evans

If the time you would like is not available, please contact our office on 07 3221 5677.

GET IN TOUCH

If you would like a Walshs adviser to contact you or to receive marketing material from Walshs and/or be advised of upcoming seminars and events please provide your contact details.
[contact-form-7 id=”18018″ title=”Contact form 1″]

Book 15 minute lending call

If the time you would like is not available, please contact our office on<br>07 3221 5677.