Hello,

My father recently passed and left in his will that his assets go into a Testamentary Trust.

I'd like any advice on how do I establish such a trust and transfer assets (car, home) into it? All I have so far is a tax file number for it.

If you have a tax file number I would say that the trust has been established. I believe that your fathers will is the instrument by which the trust was established.......and someone somewhere has applied for and been issued a TFN.

Best to talk to the solicitor who looked after your father's affairs and get guidance from them. A testamentary trust is a relatively simple thing in theory, but in practice it needs a fair bit of attention, so get legal advice before you go organising transfers of assets.

cheers
Brendan

Hi Shane

Sorry for your loss. Hopefully the family comes together in this time.

Have you got probate? You may or may not need it depending on the other asset values (we can transfer a house with a will, but many financial institutions require probate above a certain amount.

Happy to have a quick look at wording for you (off line), run it past my wills and estates lawyers, and then answer back through here (with no identifying info) so others can see the answer.