A testamentary trust is a trust created inside a will. It does not exist while the testator is alive — it springs into being when the will is probated.
When to use
Minor beneficiaries who shouldn't receive a lump sum at 18, beneficiaries with creditor or addiction concerns, or to preserve assets for grandchildren.
Drawback: probate
Because it lives in the will, a testamentary trust always requires probate to fund. A living trust avoids this.
Ongoing oversight
Pennsylvania testamentary trusts often remain under Orphans' Court supervision indefinitely, with periodic accounting requirements.
This article is general information about Pennsylvania law as of the update date above. It is not legal advice for your situation and does not create an attorney-client relationship. For advice on your specific facts, please schedule a consultation.
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