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The Art of Estate Planning Podcast

#61 Estate planning for couples: When should a testamentary trust start?

10 Nov 2025

Description

When preparing wills for couples, one of the trickiest questions to navigate is when the testamentary trust should actually begin. Should it start after the first death, or wait until both spouses have passed? In this episode, I unpack the considerations behind this decision, because while there’s no one-size-fits-all answer, getting the timing right can make a big difference to the tax outcomes and asset protection for families.

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