What type of trust is created by a will and activated upon the death of the testator?

A testamentary trust is established through a will and becomes effective only after the death of the testator. This type of trust is a key estate planning tool that allows an individual to specify how their assets should be managed and distributed after their death. Testamentary trusts can provide for minor children, support a spouse, or fulfill specific wishes regarding asset management, ensuring that beneficiaries receive support in a controlled manner.

The creation of this trust within the will means it is subject to probate, making it a different entity than living trusts, which are established during the lifetime of the trustor. Living trusts can be revocable or irrevocable but do not rely on the death of the creator for their activation. Overall, testamentary trusts offer a structured way to manage posthumous distribution according to the decedent’s wishes, reflecting the intent and desires specified in their will.