Vienna, Virginia · Wills & Estate Planning
A testamentary trust is a trust built inside your will that does not exist until you pass away. In Virginia, it lets you leave money to a child or another beneficiary without handing it over all at once. In Vienna, parents use it to hold a child’s inheritance until they are old enough to manage it, on terms the parents set. It is one of the most useful tools for families with young children.
By Alisa Chunephisal, Esq. · Founding Partner, NOVA Legal Professionals
This article is one part of our larger estate planning guide. For the full picture, start with our cornerstone, Wills and Estate Planning in Virginia. Here, I will focus on the testamentary trust and how it protects an inheritance in Vienna.
What a testamentary trust is
A testamentary trust is created by language inside your will. While you are living, it is just words on a page. It springs into existence only at your death, when your will is probated. At that point, the assets you direct into it are held by a trustee you chose, who manages and distributes them according to the instructions you wrote. It is a way to keep a guiding hand on an inheritance after you are gone, instead of handing it over in one lump and hoping for the best. You can read more on our testamentary trusts page.
Why not just leave the money outright
Picture an eighteen-year-old receiving a large check the week after a funeral. Even a responsible young adult is rarely ready to manage a serious sum, and the timing could not be harder. A testamentary trust solves that. Instead of a lump sum at eighteen, the money stays in trust and is used for your child’s benefit on the schedule you set. You decide when and how much they receive. The inheritance is protected during exactly the years when a young person is least equipped to handle it.
What you control: the trustee, the ages, the terms
This is your design. You name the trustee, the person or institution who manages the money, and a backup. You set the ages or milestones for distributions, perhaps a portion at twenty-five, more at thirty, the rest at thirty-five. You can direct that funds be used for education, health, and support along the way. You can add protections so the money is not exposed to a young beneficiary’s creditors or a future divorce. The Virginia Uniform Trust Code gives these arrangements a clear legal framework.
It Is Not the Same as a Living Trust
People mix these up. A living trust is created and funded while you are alive and can help your estate avoid probate. A testamentary trust is created by your will and does not exist until death, so the will still goes through probate first. Both are useful, and they solve different problems. We help you decide whether a simple testamentary trust inside your will is enough, or whether your situation calls for a living trust.
Have young children in Vienna?
Tell me how you would want an inheritance handled, and I will show you whether a testamentary trust fits. The first conversation is easy and there is no pressure.
A cleaner path than a guardian of the estate
Without a trust, money left to a minor in Virginia usually lands in a court-supervised guardianship of the estate. That guardian generally posts a bond, files annual accountings with the court, and then must hand the child everything at eighteen. A testamentary trust avoids most of that. The trustee follows your written terms, distributions can stretch well past eighteen, and the administration is typically simpler and more private. For most families with young children, the trust is the better tool.
Common terms parents choose
Every plan is personal, but some patterns come up often. Many parents hold the full inheritance until the youngest child finishes college, then divide it. Many stagger distributions across several ages so no single windfall arrives too early. Many give the trustee discretion to pay for school, medical needs, a first home, or starting a business. Some name a trusted relative as trustee, others a professional. We walk through the options and write terms that sound like you, not boilerplate.
How we help in Vienna
We draft the trust language right into your will, help you choose a trustee and backup, and set distribution ages and terms that fit your family. We coordinate it with your guardianship designation and your beneficiary forms so the money actually reaches the trust. We serve families across Vienna and the Maple Avenue and Nutley Street area. You can read more on our testamentary trusts page.
“A testamentary trust lets you parent a little longer. You set the pace at which your child grows into their inheritance.”
Alisa Chunephisal, Esq. · Founding Partner
Alisa’s Honest Counsel
Think about the age at which you would actually trust a young adult with real money, because outright at eighteen is rarely the answer. Choose a trustee who is both honest and organized, since they will follow your terms for years. And coordinate the trust with your beneficiary forms, so the money you mean for it does not slip past it.
A testamentary trust gives you control over how and when your children receive an inheritance, which is exactly what young families need and a plain will alone cannot do.
Authoritative References
Sources
- Code of Virginia, § 64.2-700 et seq. The Virginia Uniform Trust Code, which governs trusts including testamentary trusts created by will.
- Code of Virginia, § 64.2-403. The requirements for a valid will, the document that creates a testamentary trust.
- Code of Virginia, § 64.2-1704. The bond requirement for a guardian of a minor’s estate, the court process a testamentary trust often replaces.
- Code of Virginia, § 64.2-775. A trustee’s duty to inform and report to beneficiaries, which applies to testamentary trusts.
Virginia authority verified as of June 2026. Every estate plan turns on your own family and assets; confirm the current rules and what fits your situation.
Frequently Asked Questions
What is a testamentary trust?
It is a trust created by your will that does not exist until you pass away. At your death, a trustee you named holds and distributes assets for your beneficiaries on the terms you set.
How is it different from a living trust?
A living trust is created and funded while you are alive and can avoid probate. A testamentary trust is created by your will and arises only at death, so the will still goes through probate.
Why use a trust instead of leaving money to my child directly?
A minor cannot manage a large inheritance, and an outright gift hands them everything at eighteen. A trust holds the money and distributes it on the schedule and terms you choose.
Who manages a testamentary trust?
A trustee you name in your will, with a backup. It can be a trusted relative or a professional. The trustee follows your written instructions and reports to the beneficiaries.
When You Are Ready
Let’s protect your children’s inheritance in Vienna.
Tell me how you would want an inheritance handled, and I will show you whether a testamentary trust fits. The first conversation is easy and there is no pressure.