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testamentary trusts

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natpierce2008@yahoo. View Drop Down

Joined: 23/February/2017
Location: Australia
Posts: 1
  Quote natpierce2008@yahoo. Quote  Post ReplyReply Direct Link To This Post Topic: testamentary trusts
    Posted: 14/March/2017 at 10:26
My elder sister is the executor of my fathers will. My younger sister is to be placed in a testamentary trust under my fathers will because in the past she had a gambling problem.. My older sister says she cant stop my younger sister being placed in this discretionary trust as she doesn't have the power. Is this true. I have heard otherwise.

goingbonkers View Drop Down
Senior Member
Senior Member

Joined: 11/September/2009
Location: Australia
Posts: 750
  Quote goingbonkers Quote  Post ReplyReply Direct Link To This Post Posted: 14/March/2017 at 12:23
The executor must follow the lawful instructions in the will. So if the will says to form a trust then thats what she should do. The daughter can make a family provision claim but that will blow a large chunk of the estate.
The judge will likely ignore your Will, and give your savings to whoever they think should have it'

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