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MichaelG(Newbie)Newbie
8 Apr 2026

Hi,


My father passed in March 2025. I was the executor of his will.

My nephew was willed a small sum of money by my dad.

The solicitor who handled the probate and distribution of dad's will advised I needed to set up a trust account to hold my nephew's inheritance until he turns 18. I was not given any instruction on how to do this.


I went to a bank (BOQ) and discussed the situation and they established a Testimony Trust account for my nephew. This account is a Term Deposit - initially 6 months.

Once that first term expired, interest was paid on the account and all moneys rolled over for another 12 month term deposit.

Unfortunately, a high percentage of that interest was withheld.


  1. Based on what I have read within the ATO site, as the money is from an inheritance to a minor, it should be excluded from having the tax withheld. Is this correct?
  2. If that is correct, what do I need to do related to the account to have the withheld interest returned, and future interest not taxed?


Thank you


36 views
2 replies
36 views
2 replies

All replies

knaresbro(Devotee)Devotee
8 Apr 2026

The executor would have obtained a Tax File Number (TFN) for the estate, but you (or the trustee if it's not you) need to obtain a separate TFN for the testamentary trust. Without a TFN on the account, as you've noticed, the bank is obliged to withhold almost 50 per cent of the amount.


When you have the TFN, share the details with the bank and this will apply to all future interest which will presumably be tax-free given the tax-free threshold and the low-income tax offset. For past interest payments, ask the bank if they can adjust things and credit it to the account, or complete a trust tax return if they can't, @MichaelG .

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How do I establish an inheritance Trust for a minor that is tax exempt? | ATO Community