A testamentary trust is created by what means?

A testamentary trust is established specifically through the provisions detailed in a decedent's will. This type of trust is activated upon the death of the grantor and becomes a part of the estate planning process, allowing the grantor to dictate how their assets should be managed and distributed after their passing.

The will provides the necessary legal framework and instructions for the trust's creation, including the designation of the trustee, the beneficiaries, and the terms under which the trust operates. Because it does not come into existence until the grantor's death, a testamentary trust is distinct from other types of trusts, such as inter vivos trusts, which are created during the grantor's lifetime.

Understanding this aspect of testamentary trusts highlights their role in estate planning and asset management after death, differentiating them from trusts that are created and funded while the grantor is still alive.