How to Build a Testamentary Trust Practice from Scratch
If you have been thinking about adding testamentary trusts (also known as testamentary discretionary trusts or TTs) to your estate planning practice, but feel overwhelmed or don’t know where to start, then this blog post is for you.
Testamentary trust is a difficult area to self-learn.
Before The Art of Estate Planning, there have historically been very few textbooks or structured courses available on testamentary trusts. Testamentary trusts require a deep knowledge of succession, trust, tax, superannuation, bankruptcy, and family law principles, and without the benefit of working with a mentor who is experienced in TTs, it can feel very overwhelming knowing how to start.
Prefer to listen instead? Check out Episode #28 of The Art of Estate Planning Podcast, where we discuss what every estate planning lawyer needs to include in an airtight cost agreement.
The Art of Estate Planning Testamentary Trust Resources
At The Art of Estate Planning, we are on a mission to support Australian lawyers to develop the skills they need to confidently deliver testamentary trust wills.
We have set out to address the historical lack of testamentary trust resources through our four core products:
1. Our Online Course - Testamentary Trusts: The Essential Guide for Australian Lawyers
If you feel a disconnect about how 18th-century English trust law principles work in Australia in 2026, then our online course “Testamentary Trusts: The Essential Guide for Australian Lawyers” is for you.
The course is self-paced and includes 10 hours of video content that you can watch at your convenience.
You receive lifetime access, allowing you to return to the material as often as you like and use it as a resource to train your team as your firm grows.
It is built to establish your core foundation, starting from the very beginning with the question: what is a trust?
Don’t fear - this is not your average university equity lecture. We apply these principles to the real world so you truly understand what a trust is and how it functions in the modern day.
We answer the following questions:
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How is a testamentary trust different from other types of trusts?
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How do testamentary trusts offer excellent asset protection and tax flexibility?
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What happens when a beneficiary of a trust faces bankruptcy proceedings?
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Everyone has heard of the $20,000 tax-free income per minor, but how exactly does that work?
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How can a testamentary trust be used as an ongoing vehicle for a family’s wealth to make that inheritance go much further?
Not only does the course cover the fundamental theory of trusts, but it has a deep focus on how to apply those principles to your practice.
With in-depth modules on testamentary trust drafting techniques, strategy recommendations for different client demographics and how to navigate particular assets like main residences and superannuation, the course goes far beyond what any textbook can deliver.
Understanding testamentary trusts is essential, but it is not helpful if you do not know how to explain the benefits to clients and help them to understand why they should make the investment. The course helps you to develop the practical client-facing skills needed when adding testamentary trusts to your firm. From explaining testamentary trust benefits to successfully running testamentary trust strategy and signing meetings, this course will equip you to feel confident when preparing and advising on testamentary trust wills.
Deepen your understanding of testamentary trusts with our comprehensive online course "Testamentary Trusts: The Essential Guide for Australian Lawyers"
2. Testamentary Trust Precedents
More than 700 law firms across Australia utilise our Testamentary Trust Precedents.
While precedents are the most practical starting point, they can feel overwhelming if you do not understand the rationale behind specific clauses.
I believe that the key to a happy estate planning lawyer is excellent testamentary trust precedents.
Quality precedents will save you so much time, freeing you up for the things that matter, like marketing, delighting clients, that big pile of reading on your desk, or spending more time with your family.
The Art of Estate Planning testamentary trust precedents are more than just templates – they are a complete precedent system.
Unlike other precedent providers where you get the word documents and then you are on your own – we hold your hand so you are confident using the precedents, understand every clause and can integrate them with your practice management system (that’s right, they come with coding for Actionstep, Clio, LEAP and Smokeball, saving you so much time preparing your testamentary trust wills).
We also update our precedents multiple times per year to reflect user feedback and changes to the law.
Lastly, all users of our Testamentary Trust Precedents receive access to a video FAQ training library with training on how to use the precedents and customise them for your clients.
Download our Ultimate Testamentary Trust Precedent Checklist for a full list of what’s covered in our testamentary trust precedents.
Download Now3. Estate Planning Pricing Toolkit
The Estate Planning Pricing Toolkit teaches you how to communicate the value of a testamentary trust to your clients, supporting your pricing structure and ensuring your practice remains sustainable. With guidance on what to charge for your testamentary trust packages, white-labelled price list templates and a calculator making sure your prices will support your firm’s profit target – we have taken the guesswork out of TT pricing.
Never doubt yourself again when it comes to pricing!
Lastly, to make sure your firm is protected, the estate planning pricing toolkit also includes comprehensive clauses to include in your costs agreement for estate planning matters, ensuring your firm is protected from the particular issues that arise in estate planning matters (we're talking original wills returned with paperclips, name changes after signing, attorneys requesting original wills).
4. TT Precedents Club
With any new service, it is always sensible to find a mentor who can support you as you work through your matter. However, that may not always be possible, especially if you are a sole practitioner or based in a regional or rural location.
Enter – TT Precedents Club!
The TT Precedents Club is an incredible community of Australian estate planning lawyers who will support you and cheer you on through your journey. Whether you are new to estate planning or an accredited specialist, you will get something out of this incredible community.
Meet with me and the TT Precedents Club in a live Zoom call every Thursday to workshop client strategy, get assistance with clause drafting and bounce ideas around.
Membership in TT Precedents Club also gives you access to powerful resources like a 100+ page will drafting clause library, national referral directory, CPD points, a technical training database, and free precedent updates for your Art of Estate Planning precedents.
Start Your Journey
If you are just testing the waters with testamentary trusts, my advice is to invest in the resources available, connect with your support network in the TT Precedents Club community and just 'Go for it.'
The time will pass regardless of what you do, so you may as well just start now!
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