If a Will does not include a testamentary trust for a minor beneficiary, a constructive trust (i.e., a trust imposed by law) automatically arises. In this situation, the trustee of the Will must hold the minor’s inheritance until the minor reaches 21 years old.
However, without a properly drafted testamentary trust that provides clear instructions, the executor or trustee may struggle to determine the deceased’s intentions—such as how the assets should be managed, when funds can be used, or what expenses should be supported. This uncertainty may result in the minor’s inheritance being handled in a way that does not align with the deceased’s wishes.
Including a testamentary trust in the Will offers greater clarity and flexibility. It allows the testator to grant the trustee discretionary powers, such as advancing funds for the minor’s education, living expenses, or other needs, ensuring the inheritance is managed in the child’s best interests and according to the testator’s intentions.