Worked example 1

Tom dies leaving his estate to his wife, Lucy.  The net value of assets transferred is $900,000.  These assets are invested and in the first year of operation produce income of $54,000.

Lucy is working and earns $80,000 per annum.  She has three children to support and their ages range from 7 to 15 years of age.

No Testamentary Trust

Lucy has total income for the year of $134,000 which provides for an amount of $96,500 after-tax to provide for herself and the three children.

With a Testamentary Trust

If Tom had a Will which provided for a testamentary trust for the benefit of his spouse and children, then the income from the investments could be distributed equally to the children who are all minors.

The effect would be that Lucy has an income of $80,000 attracting tax of $17,500.  The investment income from the trust is distributed equally to the children attracting a total tax liability $5,400.

The total tax liability without the testamentary trust is $37,500.  The total tax liability with the testamentary trust is $22,900.  The tax saving is $14,600 in the first year alone.  The compounding effect of the tax saving over a number of years becomes very significant indeed.