What document governs a testamentary trust?

A testamentary trust is established through the provisions of a person's last will and testament. This legal document outlines how the assets of the decedent will be distributed after their death, including specific instructions for the management of the trust created within the will. The trust becomes effective upon the decedent's passing, allowing the executor to manage the trust assets according to the terms laid out in the will.

A separate trust agreement is typically associated with inter vivos trusts, which are created during the lifetime of the grantor, and not at the time of their death. Living wills and powers of attorney are used primarily for medical and financial decisions while a person is still alive, and they do not govern testamentary trusts. Court orders issued during probate may help facilitate the administration of the estate, but they do not serve as the governing document for a testamentary trust. Therefore, the last will and testament is correctly identified as the document that governs a testamentary trust.