What is a testamentary trust?
A testamentary trust is a trust created by a will that takes effect when the settlor( the person who made the will) dies. This is pursuant to Florida State Statute 736.1106. The settlor of the will provides the directions for establishing the trust at the time the will is created. Although the will is in existence immediately upon execution thereof, the trust is not actually created until the settlor has died and the estate has passed through probate.