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Testamentary Charitable Trusts Explained

Planning your estate is about more than distributing assets. It’s an opportunity to create a meaningful legacy that reflects your values. For individuals and families with a strong commitment to philanthropy, a testamentary charitable trust can provide a structured way to support charitable causes long after they are gone.

Unlike a one-off charitable bequest, a testamentary charitable trust allows your generosity to continue over time, ensuring your chosen charities or charitable purposes receive ongoing support. As charitable estate planning becomes increasingly popular in Australia, understanding how these trusts work can help you make informed decisions about your legacy.

What Is a Testamentary Charitable Trust in Australia?

A testamentary charitable trust is a trust established through a person’s will that comes into effect only after their death. Rather than making a single donation to a charity, the trust holds assets on behalf of charitable beneficiaries or charitable purposes, with a trustee responsible for managing and distributing those assets according to the instructions outlined in the will.

For those researching testamentary charitable trusts Australia, this structure offers a way to create a lasting philanthropic legacy while providing flexibility in how charitable funds are distributed over time.

While making a direct charitable gift is one option, establishing a testamentary charitable trust enables your estate to continue generating support for charitable causes across many years, rather than through a single payment.

Testamentary Trust vs Charitable Trust: What’s the Difference?

It’s also important to understand the distinction between a testamentary trust vs charitable trust. A testamentary trust is simply any trust created under a will and activated upon death. A testamentary charitable trust is a specific type of testamentary trust where the trust’s purpose is exclusively charitable. Instead of benefiting family members or other private beneficiaries, the trust is established to advance charitable objectives.

Depending on your philanthropic goals, a testamentary charitable trust may also work alongside broader giving strategies involving Public Giving Funds or Private Giving Funds, allowing families to build a comprehensive approach to long-term philanthropy.

How a Testamentary Charitable Trust Works

Understanding how a testamentary charitable trust works begins with the estate planning process.

A solicitor drafts provisions within your will outlining the trust’s purpose, the assets that will fund it, who will act as trustee, and how distributions should be made. While the trust is documented during your lifetime, it only comes into existence after your death when your estate is administered.

Once established, the trustee assumes responsibility for managing the trust’s assets. These assets may include cash, investment portfolios, shares, real property or other investments capable of generating ongoing income.

The trustee must administer the trust in accordance with your wishes, making distributions to eligible charities or charitable purposes specified in the trust deed. Depending on the structure, trustees may have discretion to support a range of charitable organisations or focus on particular causes such as education, medical research, environmental conservation or community development.

Because the trust continues beyond the administration of the estate, it provides an enduring source of funding for charitable activities. Trustees also carry ongoing legal and fiduciary responsibilities, including prudent investment management, accurate record-keeping and compliance with relevant trust and taxation laws.

Professional advice is particularly valuable when establishing these arrangements, ensuring the trust is drafted clearly and aligned with both your philanthropic objectives and Australian legal requirements.

Benefits and Disadvantages of Testamentary Charitable Trusts

There are many benefits of testamentary charitable trusts, particularly for individuals and families who wish to make philanthropy a lasting part of their legacy.

One of the greatest advantages is permanence. Rather than making a one-off gift, a testamentary charitable trust can continue supporting charitable causes for many years, allowing your generosity to have an ongoing impact on the community.

Flexibility is another key benefit. Trustees may be granted discretion to respond to changing community needs, supporting different charitable organisations over time while remaining true to your overall charitable purpose. This flexibility can be particularly valuable as social priorities evolve.

A testamentary charitable trust can also encourage family engagement in philanthropy. By appointing family members as trustees, future generations can become actively involved in charitable decision-making, helping preserve both wealth and family values while fostering a culture of giving.

Many people also enquire about the tax benefits of charitable trusts in Australia. While taxation outcomes depend on the trust’s structure and individual circumstances, charitable trusts may provide certain tax advantages when established and administered appropriately. As taxation rules are complex, obtaining tailored legal and financial advice is essential before making any decisions.

Of course, it’s equally important to consider the disadvantages of testamentary charitable trusts. These trusts involve ongoing administration, trustee responsibilities and professional costs. They also require careful drafting to ensure your charitable intentions remain clear and legally effective. For smaller estates or those seeking a simpler approach, a direct charitable bequest may be more appropriate.

Planning a Charitable Legacy With The Giving Advisory

So, who should establish a testamentary charitable trust? This structure is often well suited to individuals and families with significant assets who wish to create a lasting charitable legacy, support multiple causes over time, or involve future generations in structured philanthropy. It can also be appropriate for those seeking a more strategic approach to charitable estate planning rather than making a single gift through their will.

A testamentary charitable trust offers more than a way to distribute wealth. It provides an opportunity to create an enduring legacy that continues supporting the causes you care about for generations to come. By combining thoughtful estate planning with long-term philanthropy, this structure allows your charitable values to remain active well beyond your lifetime.

At The Giving Advisory, we understand that initiating and maintaining conversations about giving in the family can sometimes be challenging. Our services team is here to help guide your family through the process of family philanthropy, whether you’re starting a donor advised fund, planning your first charitable contribution, or seeking advice on how to align your giving with your family’s values.

If you want to learn more about how to engage your family in giving and create a lasting philanthropic legacy, contact us today. We’re here to help you reach your philanthropic goals and make a positive impact together.

This information is general advice only and does not take into account your objectives, financial situation and needs. Before making a financial decision based on this advice, you must consider whether it is appropriate in light of your needs, objectives and financial circumstances, and where relevant, obtain personal financial, taxation or legal advice.

Frequently Asked Questions

Who can act as trustee of a testamentary charitable trust?

A trustee may be an individual, such as a family member or trusted adviser, or a professional trustee company. Many people choose a combination to balance personal knowledge with professional expertise. The right choice will depend on the size and complexity of the trust.

Can I change my testamentary charitable trust after it is set up?

Because the trust is created through your will, you can generally update its terms by updating your will during your lifetime. Once the trust comes into effect after death, changes are usually more limited. A solicitor can explain how this applies to your circumstances.

What happens if a chosen charity no longer exists?

Wills and trust provisions can be drafted to address this situation, for example by allowing trustees to support a similar organisation or purpose. Clear drafting can help ensure your charitable intentions continue to be met.

Is there a minimum amount needed to establish a testamentary charitable trust?

There is no single minimum amount. However, because these trusts involve ongoing administration and professional costs, they are often better suited to larger estates. Professional advice can help determine whether this structure is appropriate.

Are there alternatives if I want to give during my lifetime?

Yes. Some people choose to begin their philanthropy during their lifetime through structures such as Public Giving Funds or Private Giving Funds. These can also form part of a broader estate planning strategy.

Brad Seeto

What Is a Named Sub-Fund and How Does It Work?

For many Australians, philanthropy is about more than making a one-off donation. It’s about creating a lasting legacy, supporting the causes they care about, and giving in a structured, tax-effective way. While establishing a private ancillary fund or family foundation can be an excellent option for some donors, it also comes with ongoing governance, administration, compliance, and legal responsibilities.

A named sub fund Australia offers a simpler alternative. It allows individuals, families, and businesses to establish a personalised charitable fund within an existing community foundation, making charitable giving more accessible without the cost and legal requirements of creating a separate foundation. Understanding what is a named sub fund and how does it work can help donors decide whether this approach aligns with their giving goals.

What Is a Named Sub-Fund in Australia?

A named sub-fund is a charitable fund established within an existing community foundation or donor advised fund. Rather than creating a separate legal entity, donors make an initial contribution to establish a named fund that is administered by the host foundation.

The fund is typically named after an individual, family, business, or even a loved family member, creating a meaningful legacy while supporting charitable causes over a lifetime or in perpetuity.

Because the community foundation is already an established charity with DGR status, eligible donations made to a named sub-fund are generally fully tax deductible. This means donors may be able to claim a tax deduction while avoiding many of the ongoing compliance obligations associated with operating a private ancillary fund or ancillary fund.

Once established, donations are invested using professional investment management. Any investment income helps grow the balance of the fund over time, increasing the resources available for future grants to eligible Australian charities.

Where Can You Set Up a Named Sub-Fund?

Named sub-funds are most commonly established within a community foundation or donor advised fund that already has the appropriate governance structures, trustee oversight, and administrative systems in place.

This model allows donors to benefit from experienced investment management, grant administration, and regulatory compliance without needing to create their own charitable structure. The host foundation is responsible for meeting legal requirements, including obligations under the Income Tax Assessment Act and reporting requirements overseen by the Australian Charities and Not-for-profits Commission and the Australian Taxation Office.

Many community foundations also set a minimum donation or initial contribution to establish a named sub-fund. This amount varies between organisations and reflects the investment needed to create a sustainable charitable fund capable of supporting future grantmaking.

Unlike establishing a family foundation, which requires ongoing governance and administration by appointed trustees or directors, a named sub-fund offers a simple option for donors seeking a tax-effective way to support their chosen causes.

How a Named Sub-Fund Works

Once a named sub-fund has been established, additional contributions can usually be made over time by the donor, family members, friends, or a business. These donations are pooled within the named fund and professionally invested to maximise long-term impact.

As the fund grows, grants can be distributed to eligible Australian charities that align with the donor’s preferred focus or specific area of community interest. Depending on the foundation’s model, donors may recommend organisations to receive grants while the trustee ensures distributions comply with relevant legal and charitable requirements.

Benefits of a Named Sub-Fund

Many donors choose named sub-funds because they combine flexibility with simplicity. Rather than managing a separate legal entity, they can focus on giving while experienced professionals oversee investment, governance, administration, and compliance.

Named sub-funds also allow donors to remain involved in their philanthropy at a personal level. Families can discuss giving priorities together, businesses can strengthen their community involvement, and future generations can become more active participants in charitable decision-making.

Perhaps most importantly, this structure makes it easier to create a lasting legacy. By allowing funds to remain invested and continue supporting charities over time, donors can contribute to meaningful community outcomes well beyond their own lifetime.

A named sub-fund provides an accessible and tax-effective pathway for Australians who want to make a meaningful charitable impact without establishing their own private ancillary fund or family foundation.

By combining professional investment management, strong governance, and simplified administration, named sub-funds enable donors to focus on what matters most—supporting charities, strengthening communities, and creating a lasting legacy. For individuals, families, and businesses looking for a flexible approach to structured giving, a named sub-fund can offer the ideal balance between personal involvement and professional management.

Named Sub-Fund or Private Giving Fund? How The Giving Advisory Can Help

Frequently Asked Questions

Are there fees involved with a named sub-fund?

Most host foundations charge fees to cover administration and investment management. The amount and structure of these fees vary between organisations, so it is worth comparing options before establishing a fund.

Can a named sub-fund continue after my lifetime?

Many named sub-funds are designed to operate over the long term, with some continuing in perpetuity. Donors may also be able to nominate family members to stay involved in future giving decisions, depending on the host foundation’s arrangements.

Can I withdraw money from a named sub-fund?

Contributions to a named sub-fund are generally treated as charitable gifts, so they usually cannot be returned to the donor. Donors should review the host foundation’s terms before making a contribution.

How is a named sub-fund different from a Private Giving Fund?

A named sub-fund sits within an existing foundation that manages governance and compliance. A Private Giving Fund is a separate structure with its own trustee, offering greater control but also more responsibility. The right option depends on the donor’s goals, giving amount and preferred level of involvement.

How do I choose a host foundation?

Donors often consider a foundation’s focus areas, fees, minimum contribution, investment approach and level of donor involvement. Professional advice can help compare options and find the right fit.

Brad Seeto

Community Foundations vs Private Foundations in Australia

When people begin exploring structured philanthropy, one of the first questions they encounter is the community foundation vs private foundation Australia debate. Both models provide meaningful ways to support charitable causes, create a lasting legacy, and make tax deductible donations, but they differ significantly in governance, control, administration, and how funds are managed.

Whether you’re an individual, family, business, or one of Australia’s growing number of high net worth individuals looking to make a greater impact, understanding these differences is essential. The right structure depends on your philanthropic goals, the level of involvement you want, and how you hope your contributions will benefit communities over time.

What Is a Community Foundation in Australia?

So, What Is a Community Foundation? A community foundation is a charitable organisation established to connect donors with local needs through a structured way of giving. Rather than supporting a single cause, community foundations pool resources from individuals, families, businesses, and organisations to provide grants that respond to evolving community priorities.

The community foundation model adapts to changing circumstances by directing funds where they are needed most. This flexibility allows foundations to respond to emerging issues such as mental health, education, environmental initiatives, and social inclusion while continuing to support long-term charitable purposes.

Many community foundations operate as a public ancillary fund, enabling donors to make tax deductible donations that are then invested to provide sustainable grantmaking in perpetuity. Instead of donors managing every aspect of the foundation themselves, governance is overseen by an appointed board of directors responsible for compliance, risk management, investments, and ensuring the foundation achieves its charitable objectives.

One of the key characteristics of community foundations is collaboration. They work closely with community groups, local charities, donors, businesses, and government organisations to identify priorities and maximise the impact of every dollar contributed. Because the community foundation model is locally focused, it often develops strong relationships that enable targeted support where it is needed most.

Community foundations also offer sub funds, allowing donors to establish a named fund without creating a completely separate legal structure. This provides many of the benefits of personalised philanthropy while reducing administration costs and compliance responsibilities.

Across Australia, organisations including Community Foundations Australia and the Australian Communities Foundation have demonstrated how collective giving can create lasting social change through thoughtful grantmaking and strategic philanthropy.

What Is a Private Foundation (Private Giving Fund)?

What Is a Private Foundation in Australia? In Australia, the term “private foundation” most commonly refers to a Private Ancillary Fund (PAF). A private ancillary fund is a charitable trust established by an individual, family, or business to distribute grants to Australian charities with Deductible Gift Recipient (DGR) status.

Unlike a community foundation, a private ancillary fund is controlled by the founder and appointed directors or trustees. This provides donors with greater involvement in decision-making, allowing them to define funding priorities, develop long-term giving strategies, and directly manage the foundation’s grantmaking activities.

Private foundations are particularly attractive for families and high net worth individuals seeking a structured way to organise their philanthropy while maintaining significant control over investments and distributions. Donations made to a private ancillary fund are generally tax deductible, provided the fund complies with Australian taxation and charity regulations.

A private foundation can support a broad range of charitable purposes, including education, medical research, environmental conservation, mental health initiatives, religious institutions, and many other eligible Australian charities. However, funds cannot generally be distributed to political parties or organisations that fall outside the requirements for deductible gift recipients.

Although private foundations offer greater flexibility and independence, they also involve increased administration. Directors are responsible for governance, compliance, investment oversight, annual reporting, and ensuring the fund meets minimum distribution requirements established under Australian law. As a result, ongoing professional advice is often recommended to help manage risk and ensure the foundation remains compliant.

Community Foundation vs Private Foundation: Key Differences

Understanding the Key Differences in Governance and Control is often the deciding factor when comparing community foundations vs private foundations in Australia.

The most significant difference is who makes the decisions. Community foundations are governed by an independent board committed to serving the broader community. Donors contribute money to the foundation or establish sub funds, but the board remains responsible for overall governance, investments, grantmaking, and strategic direction.

By contrast, a private ancillary fund gives donors much greater involvement. Founders appoint directors or trustees who are responsible for governance and have significant influence over how funds are invested, which charities receive grants, and how the foundation develops over time.

Cost and administration are also important considerations. Community foundations generally have lower establishment costs because donors join an existing structure. Compliance, governance, investment management, and reporting are handled by the foundation, making it an attractive option for those seeking simplicity.

Private foundations require a separate legal structure, professional administration, and ongoing compliance with Australian regulations. While this involves higher costs, it provides greater control and flexibility for donors committed to long-term philanthropy.

Another important difference is flexibility. Community foundations continuously explore emerging local priorities, allowing resources to be redirected as community needs evolve. A private foundation, however, enables donors to remain focused on specific charitable purposes or causes that align with their family’s values and long-term vision.

Community Foundation or Private Foundation: Which Is Right for You?

There is no single answer to this question. The right choice depends on your goals, preferred level of involvement, available resources, and long-term philanthropic vision.

A community foundation may be the better option if you want to:

Make tax deductible donations without creating a separate legal entity.
Support local communities through collaborative grantmaking.
Minimise administration, governance responsibilities, and compliance.
Benefit from experienced philanthropic management.

A private foundation may be more suitable if you want to:

Maintain greater control over giving decisions.
Establish a lasting family legacy.
Develop your own grantmaking strategy.
Manage investments and charitable distributions directly.

Seeking professional philanthropic advice can help clients compare both options, understand their responsibilities, and identify the structure that best aligns with their financial and charitable objectives.

Choosing between a community foundation vs private foundation Australia ultimately comes down to balancing control, flexibility, administration, and the type of impact you hope to create.

Community foundations provide an accessible, collaborative model that supports local needs while reducing the complexity of governance and compliance. Private foundations, typically established as private ancillary funds, offer greater independence and involvement for donors seeking to build a long-term philanthropic legacy.

Whichever pathway you choose, structured giving enables your donations to be invested strategically, support Australian charities, and contribute to meaningful, lasting social change. With the right foundation and expert advice, your philanthropy can achieve greater impact for today’s communities and future generations.

Choosing a Giving Structure With The Giving Advisory

Community vs Private Foundation FAQs

Which option costs less to run?

A named fund within a community foundation usually has lower setup and running costs, as the host manages compliance and administration. A Private Giving Fund involves setup costs plus ongoing costs such as an annual audit, ACNC and ATO reporting, and investment management.

What are the minimum distribution rules for each structure?

Under the current general rule, a fund must distribute a minimum percentage of the market value of its net assets each financial year: 5% for private funds and 4% for public funds. The Government has announced a 6% minimum for both, with existing funds given a two-year transition period, and funds will be able to average distributions over three years.

Can I move money from a community foundation sub-fund into a Private Giving Fund later?

Generally not. Money given to a public fund cannot be transferred to a Private Giving Fund, because Private Giving Funds are not item 1 DGRs. You can, however, establish a Private Giving Fund later with new contributions.

Can a Private Giving Fund raise money from the public?

No. A Private Giving Fund cannot seek donations from the public and is generally funded by its founders and their associates. Public Giving Funds, including most community foundations, must invite contributions from the public.

Are donations to both structures tax deductible?

Yes. Eligible gifts of $2 or more to a Private Giving Fund or a Public Giving Fund are generally tax deductible. The main differences between the two lie in control, cost and administration rather than the deduction itself.

Brad Seeto