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A testamentary trust is just a trust formed upon death. It could be discretionary, unit or a bit of both. The trust comes into existance after death - the deceased is the settlor. Some lawyers just draw up a will and staple a discretionary trust deed to it. But this is not suitable because...

Not really because the trust is outside the will and not related usually. If the deed states the LPR becomes the next appointor etc then in the will you could cover this to an extend by appointor to benefit the estate as much as possible. But this raises whole lot of other issues.

s17A says a fund doesnt cease to be a SMFS if the LPR becomes trustee or director. The LPR may not necessarily become director or trustee. But even if they did they could still fullfil their fidcuial obligations and pay out the benefits to the 'wrong' family member

Following on from my post on SMSFs and death I would like to point out what happens to 'your' trusts when you die. A trust is not a legal person or entity but a relatonship between the trustee, the property and the beneficiaries. A trustee owns the property for the beneficiary. If a trustee...