What is a Testamentary Trust Will? A Testamentary Trust Will is simply a Will that creates a trust. Whilst it can be either a fixed or a discretionary trust usually reference to a Testamentary Trust Will is to a discretionary trust (also known as a family trust).  These trusts commence at the time of the will

Although not necessary, you can include a clause in your Will expressing your wish to donate your organs, but to ensure that your wish can be ascertained by authorised medical staff at the time of your death you should record your donation decision on the National Organ Donor Register (AODR). You should also discuss your

Brimelow v Alampi [2016] VSC 135 (8 April 2016) was a claim by an adult daughter against her mother’s estate for whom the deceased made no provision.  Whilst the defendant had conceded that the deceased did in fact owe her daughter a moral duty and was therefore entitled to receive provision from the deceased’s estate

The Administration and Probate Act 1958 allows an eligible person to apply for additional provision to be made for them from the estate of the deceased where the deceased’s Will does not adequately provide for them. The Act uses a list-based approach, listing those who are eligible to apply. From 1 January 2015, the list