Testamentary trust
Testamentary trust: A trust created by a will. It takes effect only after the will-maker dies and the will is admitted to probate, so it does not avoid probate.

What testamentary trust means
In short, testamentary trust is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.
Where testamentary trust comes up
The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.
Read the source: Revocable trust.
How to research the term
Start with the primary source. For example, if testamentary trust appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read testamentary trust in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.
You can read the current federal court rules online for free.
Related legal terms
- Tacit procuration: authority to act for another that is implied from conduct or silence, rather than given expressly.
- Temporary restraining order: a short-term emergency order to prevent immediate and irreparable harm before a hearing can be held.
- Tender: an unconditional offer to pay or perform what is owed, made with the present ability to do it.
- Tenth Amendment: the final article of the Bill of Rights: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The Supreme Court relies on it in holding that Congress may not commandeer state legislatures or officers (New York v.
Why precise terms matter
Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.
Sources
Sources last reviewed: 2026-10-24
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.
