---
title: "Will with optional testamentary discretionary trusts (NSW)"
url: "https://ailawframework.com/precedents/wills-estates-probate-and-succession/will-with-testamentary-trust"
type: "precedent"
site: "AI Law Framework"
id: "a17-will-with-testamentary-trust"
area_id: "A17"
kind: "other"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# Will with optional testamentary discretionary trusts (NSW)

> NSW will precedent leaving the estate to a spouse with a survivorship period, then to children outright or through optional testamentary discretionary trusts, with executor and trustee powers and NSW attestation…

Canonical page: https://ailawframework.com/precedents/wills-estates-probate-and-succession/will-with-testamentary-trust  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

NSW will precedent leaving the estate to a spouse with a survivorship period, then to children outright or through optional testamentary discretionary trusts, with executor and trustee powers and NSW attestation clauses (in person or by audio visual link).

## Key facts

- Kind: Other. A precedent that fits none of the other kinds.
- Practice area: [Wills, Estates, Probate & Succession](https://ailawframework.com/precedents/wills-estates-probate-and-succession.md)
- Jurisdictions: New South Wales
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 5 authorities it cites, for New South Wales.

## When to use it

Use as a first draft once signed instructions are on file for a will-maker domiciled in NSW with a spouse and children. Do not use without tax advice where testamentary trusts are chosen, or where there are business, trust or overseas assets needing specialist clauses.

## How AI may be used

AI may assemble a first draft from signed instructions using this precedent, under close supervision. The lawyer checks every clause against the instructions, the beneficiary definitions, the tax outcome and the execution formalities before signing.

**AI may:**

- Populate the precedent from the signed instruction sheet and list every gift, substitute and executor detail to confirm
- Check the draft for inconsistent names, gifts, residuary clauses and defined terms
- Produce a plain-language summary of the will for the client to read before signing

**AI must not:**

- Must not add clauses, powers or beneficiaries not in the instructions
- Must not import law or terminology from another jurisdiction
- Must not decide whether testamentary trusts suit the client or advise on tax

**The lawyer checks:**

- Each clause traced to the signed instructions
- Survivorship, substitution and the gift-over on failure of all beneficiaries
- Trust terms, tax advice and the perpetuity date
- Execution formalities and the attestation clause used

## Authorities

- [Succession Act 2006 (NSW) ss 6, 9, 10 (execution, witnesses, interested witnesses)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2006-080)
- [Succession Act 2006 (NSW) ss 12, 13, 35 (effect of marriage and divorce; 30-day survivorship)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2006-080)
- [Electronic Transactions Act 2000 (NSW) s 14G (witnessing by audio visual link)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2000-008)
- [Perpetuities Act 1984 (NSW) s 7 (80-year perpetuity period)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1984-043)
- [Income Tax Assessment Act 1936 (Cth) s 102AG (excepted trust income, including income of a trust resulting from a will)](https://www.legislation.gov.au/C1936A00027/latest)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/wills-estates-probate-and-succession/will-with-testamentary-trust and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*