{"id":287102,"date":"2017-08-01T13:33:04","date_gmt":"2017-08-01T18:33:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/estate\/wills\/placing-a-testamentary-trust-in-a-will.html"},"modified":"2022-05-16T10:20:47","modified_gmt":"2022-05-16T15:20:47","slug":"placing-a-testamentary-trust-in-a-will","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/estate\/wills\/placing-a-testamentary-trust-in-a-will.html","title":{"rendered":"Placing a Testamentary Trust in a Will"},"content":{"rendered":"\n
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Placing a Testamentary Trust in a Will<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Aisha Success, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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This article distinguishes between a testamentary trust and other trusts. It also explains how to place a testamentary trust into a will.<\/p>\n\n <\/div>\n\n

Placing a Testamentary Trust in a Will<\/h1>\r\n

The last will and testament<\/a> and trust are two important estate planning tools for designating property distribution at death. A testator, the person creating the will, can use a will to create a trust at the testator’s death. This is called a testamentary trust<\/a>. It’s a type of express trust<\/a> written into a will or in a document incorporated by reference into a will.
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What Is a Trust?<\/h2>\r\n

A trust<\/a> is a legal document creating a fiduciary relationship. One party holds legal title to a beneficiary’s property for the beneficiary’s benefit.<\/p>\r\n

A trust can go into effect before death. The settlor is the person who creates the trust. When the trust goes into effect during the settlor’s lifetime, it is called a living trust (or inter vivos <\/i>trust).<\/p>\r\n

Such a trust could be a revocable trust<\/a> (the person who makes the trust retains control and can change it) or an irrevocable trust<\/a> (no changes allowed once it’s in effect).<\/p>\r\n

A trust contained in a last will and testament that goes into effect after the testator’s death is called a testamentary trust. There are two types of testamentary trusts:<\/p>\r\n