What type of trust is automatically created upon the execution of a will?

A testamentary trust is a type of trust that is specifically established through a will. It becomes effective only upon the death of the testator, the person who created the will. When a will is executed, it can include specific instructions to create a trust for the distribution of assets, which is how the testamentary trust is formed.

This trust allows the testator to dictate how their property is managed and distributed after their death, often providing for minor beneficiaries or ensuring responsible management of the estate over time. Unlike inter vivos trusts, which are established during the grantor's lifetime and take effect immediately, testamentary trusts do not come into existence until after the testator has passed away.

The other types of trusts mentioned serve different purposes and have different characteristics. An inter vivos trust is created during the grantor's lifetime, a charitable trust is focused on benefiting a charitable organization or purpose, and a constructive trust is typically a remedy imposed by a court to address situations of unjust enrichment or fraud, rather than a trust created through a will or explicit agreement. Thus, the testamentary trust is uniquely tied to the will's execution.