This analyzes whether another heir can change the beneficiary of a testamentary substitute trust after the settlor dies. The authority to change the beneficiary belongs in principle only to the settlor, and if the trust agreement has no separate provision, the beneficiary’s rights are fixed at the moment of the settlor’s death.

Even if the trustee is a family member, legal responsibility may be imposed for violation of the duty of due care and the duty of loyalty. The relationship between testamentary substitute trusts and the reserved portion is an issue for which Supreme Court precedent has not yet been established, so expert review from the design stage is essential.

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