QLD Possible to Add Testamentary Trust After Death?

[Jade Shepherd]

Can anyone please tell me if a testamentary trust can be added after death? The deceased was advised by his financial adviser to add this trust, the Solicitor was also told that a testamentary trust should be added but it was never done.

A beneficiary is currently bankrupt and would like to know if it can be added after the fact. The executors who are the siblings of the bankrupt are being difficult and don't want to help. What can he do? He feels like they are not helping and only looking after their best interests? If it can be done is it costly?

 

[Therese]

Hi Jade,

It is my understanding that once the testator has passed away - testamentary trusts cannot be added.

In your situation however a case could arise as intention to create the testamentary trust existed and part performance is evident.

I would suggest that the beneficiary contact a legal aid centre or a solicitor to find out if he could pursue a claim of the testamentary trust which was not fully completed. See Get Connected with the Right Lawyer for You