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Comprehensive Guide to Testamentary Trusts in San Luis Obispo
A testamentary trust is a trust created through provisions in a will that only becomes effective upon the death of the will’s maker. In San Luis Obispo, California, these trusts are often used to manage assets for beneficiaries who need oversight or delayed distributions. This guide explains what testamentary trusts do, why families in San Luis Obispo choose them, and how they fit into an overall estate plan alongside wills, living trusts, and other documents. Understanding these basics helps you make informed choices about protecting beneficiaries, specifying distribution timing, and coordinating probate administration after a death in the county.
For many residents of San Luis Obispo, a testamentary trust provides a structured way to direct asset management after death while addressing family dynamics and long-term goals. Because a testamentary trust is part of a will, it must be validated through probate, and its terms are administered by an appointed trustee. This arrangement can be especially helpful for people who want to provide for minor children, family members with disabilities, or heirs who may need oversight. This section sets the stage for how testamentary trusts operate locally and what considerations matter when drafting trust provisions that will take effect through the will.
Why Testamentary Trusts Matter for San Luis Obispo Families
Testamentary trusts matter because they let you control how and when assets are used after your death, which can protect beneficiaries and reduce family conflict. In San Luis Obispo, a trust created by will allows a trustee to manage assets for minors, support ongoing care needs, and handle distributions according to specific conditions set by the decedent. While the trust will be subject to probate, its terms provide clarity about beneficiary rights and the trustee’s duties, helping reduce uncertainty and the potential for disputes. Proper drafting also allows the testator to address unique family situations, such as blended households or beneficiaries with special financial needs.
About LA Estate Plans and Our Approach in San Luis Obispo
LA Estate Plans focuses exclusively on wills, trusts, and probate matters and serves clients in San Luis Obispo and the surrounding region. Our approach emphasizes clear communication, thoughtful drafting, and practical planning that reflects each client’s circumstances. We guide clients through selecting trustees, defining distribution terms, and preparing will provisions that activate testamentary trusts at the appropriate time. The goal is to produce durable, understandable documents that align with California probate requirements and local practice so families can feel confident their wishes are documented and can be carried out effectively when the time comes.
Understanding Testamentary Trusts and How They Operate
A testamentary trust is established inside a will and takes effect only after the testator’s death and the will is admitted to probate. The trustee named in the will manages trust assets and makes distributions to beneficiaries according to the instructions set out by the testator. Unlike living trusts, testamentary trusts do not avoid probate because they are created by the will itself. For families in San Luis Obispo, a testamentary trust provides post-death control and a way to protect beneficiaries while still using the probate process to validate and administer the will and trust provisions in accordance with California law.
When considering a testamentary trust, it is important to weigh how it will interact with other estate planning tools, such as powers of attorney and health care directives. The trust can be tailored to address the timing of distributions, conditions for receiving funds, and responsibilities of a trustee or successor trustees. In many local situations, people use testamentary trusts to provide for children, create long-term family support plans, or address creditor protection within the limits of California law. Thoughtful planning helps streamline administration and protects the intentions set forth in the will for San Luis Obispo families.
What a Testamentary Trust Is and How It Differs from Other Trusts
A testamentary trust is a legal arrangement that is created by the terms of a will and becomes active only after the will is admitted to probate following the testator’s death. Because it is part of the will, the testamentary trust must pass through the probate process, unlike inter vivos or living trusts that are established during a person’s lifetime and can be structured to avoid probate. The testamentary trust is intended to manage assets under trustee supervision and to distribute funds according to the testator’s directions, offering a mechanism to protect beneficiaries and specify when and how assets will be used or transferred.
Key Components and Administrative Steps for Testamentary Trusts
Important elements of a testamentary trust include a clear designation of trustee duties and powers, identification of beneficiaries, and precise distribution instructions that reflect the testator’s wishes. After probate validates the will, the court supervises the administration of the trust and the trustee manages, invests, and distributes assets in line with the trust’s terms. Additional steps involve documenting asset ownership, coordinating with financial institutions, and keeping beneficiaries informed. Proper drafting anticipates contingencies, names successor trustees, and defines conditions or ages at which beneficiaries receive full distribution.
Key Terms to Know About Testamentary Trusts
Familiarity with common terms helps demystify the testamentary trust process. Definitions such as testator, trustee, beneficiary, probate, and trust administration describe roles and stages that arise from creating a trust within a will. Understanding these concepts makes it easier to craft clear trust provisions and communicate intentions to family members and the chosen trustee. This glossary is intended to clarify terminology used in San Luis Obispo estate planning so that clients can make informed decisions and better anticipate procedural steps and obligations involved in trust administration and probate oversight.
Testator
A testator is the person who creates a will and articulates how their estate should be managed and distributed following death. The testator selects trustees and beneficiaries, sets conditions for distribution, and designates the executor who will open probate and present the will to the court. In San Luis Obispo, the testator must follow California’s formal requirements for executing a will to ensure the testamentary trust provisions are valid. A testator retains the ability to modify or revoke the will at any time prior to death, provided they have the necessary capacity to do so.
Beneficiary
A beneficiary is any person or organization entitled to receive assets or benefits from a will or trust. Beneficiaries may receive outright distributions, staged payments, or ongoing support through trust terms designed by the testator. In a testamentary trust, beneficiaries often include minors, adult family members, or charitable organizations who will receive assets under conditions specified in the will. Clear designation of beneficiaries and their respective interests reduces ambiguity during probate and helps ensure the trustee administers the trust according to the testator’s intentions.
Trustee
A trustee is the person or entity appointed to manage trust assets and carry out the directions set out in the trust instrument. The trustee has fiduciary duties to act in the beneficiaries’ best interests, to preserve and prudently manage trust property, and to follow the distribution schedule and conditions established in the will. When naming a trustee in a testamentary trust, the testator should consider trust administration responsibilities and designate successor trustees to ensure continuity. The trustee’s actions may be supervised by the probate court as part of the trust administration process.
Probate
Probate is the legal process through which a will is submitted to the court, its validity is determined, and the estate is administered according to the will’s terms and applicable law. For testamentary trusts, probate is the gateway that activates the trust provisions, allowing the appointed trustee to take control of assets and begin administration under court supervision when necessary. Probate procedures include validating the will, inventorying assets, paying debts and taxes, and overseeing distribution to beneficiaries. Proper planning can help streamline probate and reduce delays for families in San Luis Obispo.
Comparing Testamentary Trusts with Other Estate Planning Options
When choosing between a testamentary trust, a living trust, or a simple will, it helps to weigh the tradeoffs related to probate, timing, and control. Testamentary trusts provide post-death management and controlled distributions, but they do not avoid probate since they arise from the will. Living trusts can avoid probate and provide immediate management during incapacity, but must be established and funded during life. A simple will may suffice for straightforward estates without ongoing management needs. Each option has implications for cost, administration time, and the level of oversight beneficiaries will receive under California law.
When a Simple Will May Be the Right Choice:
Minimal Asset Complexity and Clear Beneficiary Readiness
A simple will may be adequate when an estate consists of few assets and the beneficiaries are capable of managing their inheritances responsibly. In situations where there is no need for ongoing asset management, creditor protection, or conditional distributions, a straightforward will can provide clear direction for the distribution of property. For many San Luis Obispo residents with uncomplicated estates, the lower complexity and reduced drafting requirements of a simple will make it an efficient choice, provided it accurately reflects the testator’s wishes and meets California formalities.
When There Is No Need for Ongoing Management
If the testator does not require long-term supervision of assets and beneficiaries are mature and financially capable, then a basic will can accomplish estate distribution goals without added trust provisions. A will can appoint guardians, name an executor, and make direct bequests without creating the administrative layers a trust entails. Choosing this simpler route can minimize drafting complexity and reduce planning costs while still providing clear instructions to guide probate. Regular review keeps the will current as family circumstances and assets change over time.
When a Testamentary Trust or More Detailed Plan Is Advisable:
Protecting Minors and Vulnerable Beneficiaries
A testamentary trust is often necessary when beneficiaries are minors or when you want to ensure ongoing oversight of funds for health, education, or general welfare. The trust lets the trustee manage money until beneficiaries meet conditions such as reaching a specified age or completing schooling. This structure prevents immediate lump-sum distributions that could be misused and provides a means to fund care over time. Careful drafting allows the testator to specify spending guidelines and monitor how funds are applied for the beneficiaries’ benefit.
Managing Complex Family Situations and Legacy Goals
In blended families, when charitable goals are involved, or when there are creditors or potential disputes among heirs, a testamentary trust provides tools to clarify intentions and manage distributions to reduce conflict. Establishing precise terms for successive distributions, naming alternate beneficiaries, or setting conditions tied to education or milestones can align asset distribution with long-term family plans. These measures support legacy objectives while creating legal guardrails to ensure assets are managed responsibly after death.
Benefits of Taking a Thoughtful, Comprehensive Approach
A comprehensive approach to testamentary trust planning ensures that documents are aligned with broader estate goals, minimizing uncertainty and reducing the chance of disputes. Drafting clear trustee powers, successor trustee naming, and specific beneficiary terms creates a road map for administration and can preserve estate value by anticipating probate steps and administrative needs. Families in San Luis Obispo benefit from planning that integrates wills, trust terms, and related documents so that all instruments work together and reflect current family dynamics and financial circumstances.
Comprehensive planning also enables better coordination with tax considerations, creditor exposure, and beneficiary protections under California law. By thinking through scenarios such as premature distributions, beneficiary incapacity, or family disputes, the testamentary trust can include provisions that mitigate risks and promote stability. A well-drafted plan helps trustees act confidently and keeps beneficiaries informed, resulting in a smoother administration process and clearer fulfillment of the testator’s intentions over the course of the trust.
Greater Control Over Timing and Purpose of Distributions
A testamentary trust lets the testator define precise conditions for distributions, such as setting ages, educational milestones, or specific uses like health and support. This degree of control prevents premature access to significant assets and helps ensure funds are used for intended purposes. Clear distribution schedules reduce ambiguity and give trustees a framework for decision-making. For families that want to provide for long-term goals or protect vulnerable beneficiaries, these provisions can make a meaningful difference in how inheritance supports beneficiaries’ needs over time.
Enhanced Protection and Administrative Clarity
Including a testamentary trust within a will improves protection for beneficiaries who may face creditor claims or have difficulty managing money on their own, since a trustee controls distributions according to the trust’s terms. Administrative clarity comes from outlining trustee responsibilities, successor naming, reporting expectations, and permissible uses of trust funds. These details help avoid disputes and streamline estate administration, offering beneficiaries a transparent process and trustees a clear mandate when carrying out the testator’s instructions under the supervision of probate where necessary.
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Practical Tips for Testamentary Trust Planning
Use Clear, Specific Language in the Will
When drafting testamentary trust provisions, clarity is essential to avoid ambiguity during probate and administration. Specify trustee powers, distribution triggers, and the intended uses of funds with precise wording that leaves little room for differing interpretations. Include alternate beneficiaries and successor trustees to provide continuity if primary appointees cannot serve. Clear language reduces the chance of disputes and helps trustees and courts interpret the testator’s intentions in a way consistent with local probate practice in San Luis Obispo. Regular review and updates help ensure language remains aligned with family circumstances over time.
Choose Trustees and Successors Carefully
Review and Update Your Documents Regularly
Life changes such as births, deaths, marriages, divorces, and changes in financial circumstances can affect how well testamentary trust provisions reflect your intentions. Periodically review your will and related documents to confirm that beneficiary designations, trustee appointments, and distribution terms remain appropriate. Revising documents when circumstances change reduces the risk of unintended outcomes in probate and trust administration. Maintaining up-to-date records and communicating with family members can also ease transitions and promote clearer understanding of how assets will be handled after death.
Why You Might Choose a Testamentary Trust
People often select testamentary trusts when they need post-death oversight of assets, desire staged distributions, or wish to protect beneficiaries who are minors or have special needs. These trusts enable the testator to set terms that align with long-term family and financial goals while ensuring that a trustee manages assets until distribution criteria are met. For residents of San Luis Obispo, this approach can provide peace of mind by documenting clear instructions and creating a dependable framework for administering funds during probate and beyond.
A testamentary trust can also address complex family dynamics, such as blended families or relationships with multiple potential heirs, by clarifying allocation and minimizing disputes. The trust structure can be tailored to provide for education, health care, housing, or ongoing support, and can include provisions that respond to creditor claims or beneficiary incapacity. When coordinated with other estate planning tools, testamentary trusts form a flexible component of a comprehensive plan that balances control, protection, and administrative practicality under California law.
Typical Situations Where a Testamentary Trust Is Used
Common circumstances prompting the use of a testamentary trust include having minor children, family members with disabilities, or beneficiaries who may need supervision to manage assets responsibly. Other reasons include planning for blended family arrangements, establishing long-term financial support for descendants, or setting conditions tied to education and life milestones. Families in San Luis Obispo often rely on testamentary trusts to create orderly, court-supervised administration after death while preserving the testator’s intent for how assets should be managed and distributed over time.
Planning for Minor Children
When children are underage, a testamentary trust allows a trustee to hold and manage inheritance funds until the testator’s specified conditions are met. The trust can direct funds for education, housing, and ongoing care, and can define ages or milestones for distributing portions of the estate. This arrangement prevents minors from receiving assets outright and provides a mechanism for consistent support over time. Choosing an appropriate trustee and detailing permissible uses of funds helps ensure the children’s needs are met responsibly.
Providing for Family Members with Disabilities
A testamentary trust can be tailored to support a family member with disabilities while helping to preserve eligibility for public benefits. The trust’s terms can provide supplemental resources for care, therapy, and living expenses without interfering with benefit programs. Drafting these provisions carefully ensures that distributions enhance the beneficiary’s quality of life while complying with legal and benefits considerations. The trustee’s role includes coordinating distributions in a manner that balances immediate needs and long-term stability for the vulnerable beneficiary.
Addressing Blended Family Concerns
In blended families, testamentary trusts help define how assets are divided between current spouses, children from prior relationships, and other heirs, reducing potential disputes. Trust provisions can set out staggered distributions, safeguards for a surviving spouse, or specific bequests to children and stepchildren. By articulating priorities and conditions, the testator can provide for loved ones equitably and transparently. Careful planning promotes family harmony and ensures each beneficiary’s expectations are addressed in the will and corresponding trust provisions.
We Are Here to Help with Your Testamentary Trust Planning
Why Clients Choose LA Estate Plans for Testamentary Trusts
Clients choose LA Estate Plans because of our focused practice in wills, trusts, and probate matters and our commitment to clear communication. We work to translate legal requirements into practical solutions tailored to each family’s goals, helping clients understand the tradeoffs among testamentary trusts, living trusts, and simple wills. Our process emphasizes thoughtful drafting, coordinated document execution, and ongoing availability to answer questions that arise during estate planning and probate administration.
Our team helps clients navigate California probate procedures and prepares trust provisions that reflect the client’s intentions while anticipating administrative needs. We aim to make the planning process approachable by explaining trustee responsibilities, reporting expectations, and potential timelines for trust administration. This approach helps families feel more confident that their wishes are recorded clearly and that appointed trustees have the guidance needed to carry out those wishes effectively within the legal framework.
We also focus on practical planning steps such as reviewing existing documents, coordinating beneficiary designations, and advising on asset titling where appropriate. These efforts reduce friction during probate and help align estate documents so that testamentary trust provisions operate as intended. By assisting with careful preparation and offering ongoing support, we strive to make the transition after a death smoother for trustees and beneficiaries in San Luis Obispo.
Ready to Discuss Your Testamentary Trust Plans? Call 310-634-1006
How We Handle Testamentary Trusts at LA Estate Plans
Our process begins with a focused conversation about your goals, family dynamics, and assets to determine whether a testamentary trust is the right fit. We review existing wills or estate documents and advise on drafting clear trust provisions within the will. Once documents are prepared, we assist with execution, record updates, and probate coordination so that the trust can be administered as the testator intended. Throughout, we emphasize clear documentation and practical guidance for trustees and families.
Initial Consultation and Document Review
During the initial meeting, we gather information about family members, assets, and planning goals to assess the suitability of a testamentary trust. We review existing wills, beneficiary designations, and related documents to identify any conflicts or updates needed. This step establishes the foundation for drafting trust provisions that align with the client’s wishes, while also addressing successor trustee appointments and distribution conditions so the testamentary trust can function effectively after probate.
Discussing Goals and Family Circumstances
We take time to understand the testator’s goals, including any concerns about providing for children, vulnerable beneficiaries, or blended family arrangements. This discussion helps shape the trust’s distribution terms, trustee powers, and conditions for disbursement. By exploring likely scenarios and priorities, we can draft provisions that reflect practical needs and wishes, making the trust more likely to operate as intended in probate and administration.
Reviewing Existing Documents and Titling
We examine current wills, beneficiary designations, and asset titling to ensure the testamentary trust provisions integrate cleanly with existing estate plans. Where inconsistencies or outdated provisions are found, we recommend revisions to avoid future conflicts. Proper titling and beneficiary alignment reduce administrative burdens during probate and help trustees access and manage the assets that are intended to fund the trust after the will is admitted to court.
Drafting the Will and Testamentary Trust Provisions
After clarifying objectives, we draft will provisions that create the testamentary trust, define trustee duties, and set distribution terms. The drafting step focuses on precise language to minimize ambiguity and account for likely future circumstances. We include successor trustee provisions and instructions for trust management and reporting, laying out clear responsibilities so trustees can administer the trust in accordance with the testator’s wishes once the will is admitted to probate.
Specifying Trustee Powers and Duties
The trust provisions define the trustee’s authority to invest, manage, and distribute assets, as well as recordkeeping and reporting obligations. Clear instructions about allowable expenses, investment approach, and distribution triggers help trustees act with confidence and transparency. Naming successor trustees and outlining procedures for resignation or removal create continuity and reduce the risk of administrative disruption after a death.
Defining Beneficiary Terms and Distribution Conditions
We draft specific beneficiary provisions that outline when and how funds are distributed, whether distributions are for particular purposes, and the ages or milestones that trigger broader access to principal. These terms aim to balance current needs and long-term protection, ensuring that distributions align with the testator’s goals while providing the trustee guidance on permissible uses and priorities during administration.
Final Steps: Execution, Record Updates, and Probate Coordination
Once documents are prepared, we assist with proper signing, witnessing, and notarization required by California law to ensure the will and testamentary trust provisions are valid. We also advise on updating records, beneficiary designations, and asset titling where needed to reflect the intended plan. After death, we can assist with probate filings, presenting the will to the court, and guiding trustees through administration so trust terms are carried out efficiently under local probate procedures.
Signing and Witnessing the Will
Proper execution of the will is essential for the testamentary trust to take effect. We coordinate signing and witnessing in compliance with California requirements to reduce the likelihood of challenges. Documenting the execution carefully helps ensure the will can be admitted to probate and that the trust provisions will be enforceable. Clear execution practices also assist heirs and trustees when presenting the will to the probate court.
Ongoing Support During Probate and Administration
After the will is admitted to probate, we remain available to assist trustees and families with inventorying assets, responding to creditor claims, filing necessary court documents, and guiding distributions according to the trust terms. Ongoing support helps trustees fulfill reporting duties and manage assets prudently while keeping beneficiaries informed. Our role during this stage is to help facilitate an orderly administration that reflects the testator’s documented intentions.
The Proof is in Our Performance
Frequently Asked Questions About Testamentary Trusts
What is a testamentary trust and how does it work?
A testamentary trust is a trust created by the terms of a will that becomes effective only after the will is admitted to probate following the testator’s death. The will sets out the trust provisions, names a trustee to manage assets, and directs how and when beneficiaries receive distributions. Because the trust is created through the will, the probate court typically oversees validation of the will and the initial steps of trust administration. The trustee is responsible for managing and distributing assets according to the trust’s terms, which can include staged distributions, education funds, or continued support for dependents. Although the trust operates post-death, careful drafting ensures that administration proceeds smoothly under California’s probate procedures and that the testator’s intentions guide the trustee’s decisions.
Can a testamentary trust avoid probate?
No, a testamentary trust does not avoid probate because it is created by a will, and the will must be admitted to probate for the trust to take effect. Probate validates the will and provides the legal process for transferring assets into the trust and overseeing initial administration. This contrasts with living trusts, which can be funded during life to avoid probate for those assets. Even though testamentary trusts require probate, they still provide valuable post-death management and control over distributions. Proper planning and clear drafting can help make the probate process more efficient and reduce the potential for disputes among heirs in San Luis Obispo and across California.
Who should be chosen as a trustee for a testamentary trust?
Choosing a trustee involves assessing reliability, judgment, and willingness to fulfill fiduciary duties. Many people consider a trusted family member or friend who understands the family circumstances and can act impartially. It is also common to name successor trustees to ensure continuity if the primary trustee cannot serve. Discussing the role ahead of time helps confirm the person is able and willing to serve. For more complex estates, or when impartial management is preferred, some opt to name a professional fiduciary or corporate trustee to provide stable administration. Regardless of the choice, providing clear trustee duties and reporting requirements in the trust terms helps guide actions and reduces the potential for conflict during administration.
How long can a testamentary trust last?
The duration of a testamentary trust depends on the terms set in the will. A trust can last until beneficiaries reach a specified age, complete education, or meet other conditions established by the testator. Some trusts may be structured for relatively short terms while others are intended to provide long-term support over many years, depending on the goals for asset management and beneficiary needs. California law imposes certain limitations on how long trusts may last, and drafting should account for those rules. Clear termination triggers and distribution milestones help trustees know when to conclude administration and transfer remaining assets to beneficiaries as intended.
Can testamentary trust terms be changed after death?
Testamentary trust terms can be changed by the testator during life by updating the will through a new will or a codicil. Once the testator passes away and the will is admitted to probate, the trust terms become fixed and cannot be altered except through court-approved proceedings in limited circumstances. That is why it is important to review and update estate documents while able to make changes. Regular reviews help ensure the will and trust provisions continue to reflect current wishes and family circumstances. Prompt updates avoid confusion and minimize the risk that outdated language could produce unintended consequences during probate and administration.
What costs are associated with creating and administering a testamentary trust?
Costs for creating a testamentary trust generally include legal fees for drafting or updating a will with trust provisions and any consultation or planning meetings required. After death, probate and trust administration bring additional costs such as court fees, accounting costs, and potential trustee compensation if provided for in the will. The complexity of the estate and the scope of administration impact overall costs. Planning ahead can help manage expenses by ensuring documents are carefully drafted to minimize disputes and by coordinating beneficiary designations and asset titling. Clear planning also reduces the chances of prolonged probate proceedings that can increase administration costs for the estate.
How can a testamentary trust protect beneficiaries with disabilities?
A testamentary trust can be tailored to provide flexible support for beneficiaries with disabilities while preserving eligibility for public benefits. By specifying that trust distributions are for supplemental needs and structuring payouts carefully, the trust can enhance the beneficiary’s quality of life without jeopardizing government assistance. Proper drafting often includes clear spending guidelines and coordination with benefits counselors to avoid unintended consequences. Selecting a trustee experienced in handling sensitive distributions and providing reporting instructions reduces risk and helps the trustee balance the beneficiary’s immediate needs with long-term stability. The trust’s terms should be reviewed periodically to make sure they remain aligned with the beneficiary’s circumstances and available benefits programs.
Do testamentary trusts work with other estate planning documents?
Yes, testamentary trusts frequently work in combination with other estate planning documents such as living trusts, powers of attorney, and advance healthcare directives to form a comprehensive plan. Coordinating these instruments avoids conflicts and ensures that the testator’s broader plan for incapacity, medical decisions, and asset distribution operates smoothly. Reviewing beneficiary designations and asset titles during planning helps integrate testamentary trust provisions with other estate tools. Combining documents also offers redundancy where appropriate: for example, powers of attorney handle financial decisions during life, while the testamentary trust governs post-death asset management. Thoughtful integration reduces administrative friction and supports clearer outcomes for families.
What happens if I don’t create a testamentary trust?
If you do not create a testamentary trust, your assets will be distributed according to your will or, if no valid will exists, under California’s intestate succession laws. This can result in less control over timing and manner of distributions, and may lead to immediate lump-sum inheritances that beneficiaries are not prepared to manage. The absence of trust protections may increase the potential for disputes and complicate long-term support plans for vulnerable beneficiaries. In some cases, lack of a testamentary trust can lead to delays and additional probate costs, especially when the estate requires active management or when beneficiaries require ongoing oversight. Establishing clear directions in a will or creating alternate trust arrangements during life can help avoid these outcomes.
How do I get started with a testamentary trust in San Luis Obispo?
Getting started begins with a conversation about your family, assets, and goals to determine whether a testamentary trust fits your needs. Gather existing wills, beneficiary designations, and asset information to review during the initial consultation. This preparation allows for targeted recommendations about trustee selection, distribution conditions, and integration with other estate planning documents. From there, documents can be drafted and executed in compliance with California law. We assist with signing, witnessing, updating records, and preparing guidance for trustees and beneficiaries so that the testamentary trust provisions operate as intended when the will is admitted to probate in San Luis Obispo.