Question
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Question of the week

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12 April 2019

Taking care of the future

Wills, Powers, Estates & Family Provision Claims
Federal

Asked

Wills - Leaving property to a trust

I am drafting a will where the testator’s son wants to receive property via his existing family trust. Is it possible for an existing trust to be a beneficiary under a will?

Answered

Thank you for the question.

The trust can be the beneficiary. It will be necessary to identify the trust by name. When the property is transferred to the trust, it will be registered in the name of the trustee.

It would be prudent to provide in the will for what will happen if the family trust is, for any reason, not in existence at the time of death.  

Regards

Mentor