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testamentary trust

n. a trust created by the terms of a will. Example: "The residue of my estate shall form the corpus (body) of a trust, with the executor as trustee, for my children's health and education, which shall terminate when the last child attains the age of 25, when the remaining corpus and any accumulated profits shall be divided among my then living children." A testamentary trust differs from an "inter vivos" or "living" trust, which comes into being during the lifetime of the creator of the trust (called trustor, settlor or donor), usually from the time the declaration of trust is signed.

See also: inter vivos trust  living trust  trust  will 



The People's Law Dictionary by Gerald and Kathleen Hill Publisher Fine Communications