A testamentary trust is a trust that is created through a will and becomes effective after death rather than during life. This type of planning can be useful when a person wants assets to be held and managed for beneficiaries over time instead of being distributed outright all at once. Families often consider testamentary trusts when planning for minor children, beneficiaries who may need additional structure, or situations where staged distributions would better protect long‑term interests.

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Because a testamentary trust is created through the will, the property passing into it generally moves through probate before the trust is funded. That makes it important for the terms of the will and trust provisions to be carefully drafted so they clearly define the trustee’s authority, the beneficiaries’ interests, and how and when distributions should be made. A poorly structured testamentary trust can create uncertainty about administration and may fail to provide the protections or flexibility the client intended.

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Bosque Law Firm helps clients determine whether a testamentary trust is appropriate and drafts will‑based trust provisions that reflect the client’s goals for management and distribution of assets. The firm works with clients to think through trustee selection, beneficiary needs, and the level of flexibility or control that should be built into the trust terms. The goal is to create a plan that provides continued structure after death and supports the people the client intends to protect.