Testamentary Trusts: Drafting the Deed Separately from the Will
Why drafting a full trust deed separately from the Will — and incorporating it by reference — can strengthen a testamentary trust.
By Dirk Coetzee — Director, DCA Group · March 2026 · 2 min read
The general assumption is that the applicable provisions of a Will is the only "instrument" and those clauses accepted as the "Trust Deed". Sounds correct?
Yes, legally it is — but it is not the only way this type of trust can be brought to "life".
Consider drafting a full testamentary trust deed separately from the Will and incorporating it by reference. Not only does this assist in proving the "intention" of creating a trust, it also brings the opportunity to regularly update it until the passing of the testator. Using this strategy allows the testator to be much more descriptive about the inheritance and assets, and the administration thereof in the trust.
How DCA Group can help
If this raises questions for your own estate, trust or business, speak to our team — we will help you put the right structure in place.
This article is general information and does not constitute tax, legal or financial advice. Originally shared by Dirk Coetzee on LinkedIn.