Explain how testamentary trusts are different from inter vivos trusts.
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A testamentary trust is part of the testator’s will and becomes effective after the testator dies, and does not take effect until the will is entered into probate and is validated. The personal representative will distribute the estate property, after which the trustee will be named and manage the trust. Inter vivos trust are drafted to take effect during the trustor’s lifetime; usually upon their execution. They are not bound by the rules surrounding probate proceedings, and are private documents.
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