In a testamentary spendthrift trust, who serves as the trustee in the example?

• A. The trustee named in the will.
• B. The testator.
• C. The beneficiary.
• D. The court.

Answer: (A)

A testamentary spendthrift trust is created by the will and comes into existence after the testator’s death, with its administration handled by the person the will appoints as trustee. The designation of the trustee in the will is what determines who manages the trust assets, enforces the spendthrift provisions, and makes distributions to the beneficiaries. The testator cannot act as trustee after death, since the creator no longer controls the estate. The beneficiary typically does not serve as trustee, especially under spendthrift terms designed to limit the beneficiary’s access. The court would intervene only if no one is named or if there’s a problem requiring judicial appointment. So the trustee is the person named in the will.