Can I Give Trust Assets In My Will?

No, assets that belong to a family trust can’t be given in a will. Even if you die, the assets in the family trust will remain as assets of the family trust.

Who will control the family trust is another matter, and this will be decided by the trust deed. For example, the trustee will continue to be the trustee, unless you are the sole trustee, in which case the trust deed will contain a mechanism to replace the trustee. If the trust deed is silent about replacing the trustee, legislation exists so that a new trustee can be selected.

What you can do is give control of the family trust to that person or those people who want to receive those assets. You can also leave a Memorandum of wishes which contains (non-binding) directions to the trustee stating how you would like the trust to be managed after you die.