There are situations where the testator desires to give the benefit of the income from the estate, without passing control over the property to the legatee, for any reason which may inter alia, be the lack of faith in the capacity of the legatee to manage the estate for some time or forever.

Succession through creation of trusts in which the intended legatees are beneficiaries in respect of income, but do not hold control over the property, is an effective method for avoiding fragmentation of family assets and achieving the objective of keeping the control in desired capable hands.

A trust is a structure involving (1) a settlor, (2) trustee or trustees and (3) beneficiary or beneficiaries. The settlor who in such cases is the testator, creates a trust, settles his assets on the trust and hands them over to the trustees appointed by him, who hold the assets for the benefit of beneficiary or beneficiaries, if they are more than one. This enables segregation of controlling interest and beneficial interest whereby the control remains with the trustees who are deemed to be legal owners, and the economic interest passes to the beneficiaries.