Obviously, maintaining a life interest rate does not mean in itself, but with indices of control of the body or capital such as the right of withdrawal, especially when revocation involves full control of ownership, the right to change beneficiaries, the right to control investments, or a combination thereof and, in particular, the right, Entering the corpus or capital, recovering, is very likely to lead a court to declare the transaction testamentary and void in the absence of due execution. Control is a matter of degree, and it is difficult to say when exactly a Canadian court will consider that the settlor will retain too much control. Priestly v Priestly shows that the elements of a contract must be present as part of the constitution of a legally binding testamentary contract: the assets and money spent on these people would first be paid into your estate. was transferred to another trust company in 1984 and the transmission documents indicated that the son had contributed to it. In 1987, testatrix struck down its will, which contained a general retraction clause that set out all previous wills and final orders. A testamentary trust can be a good estate planning instrument if you are caring for one or more beneficiaries for a long time, for example. B minor children, someone with special needs. or even someone who is not very responsible with money, so you don`t want them to receive one amount of money at a time. It is often difficult to determine whether a document is testamentary or not when it is supposed to be effective after death. Of course, nothing is so simple in succession planning. A testamentary trust does not necessarily have to be justified by the terms of your last wishes and wills.