Trusts Masterclass

There are more than 1 million Trusts registered in Australia and there is rising scrutiny from the Australian Tax Office (ATO) and increasing compliance complexity. Ensure that you have it right for your clients throughout the entire lifecycle of the Trust. Take this unique opportunity to deepen your expertise in trust law, taxation of trusts and the challenges in certain scenarios. Gain practical, up-to-date insights from leading barristers and legal specialists including clarity on trust variation, vesting, stamp duty traps and emerging tax challenges, while also exploring the challenges of trusts in family law, succession planning and cross-border estate matters. With a focus on real-world application and current legal developments, enhance your advisory capabilities and reduce risk for your clients.

Tuesday, 3 March 2026

Early Bird Discount ends 19 Dec 2025
11.00am to 11.15am Morning Break
4.15pm to 5.15pm Cross Border Estate Planning: Dealing with Trusts with Foreign Beneficiaries

 

  • Key issues with dealing with trusts with foreign beneficiaries
  • Planning issues facing foreign estates and beneficiaries
  • Asset protection and practical family issues
  • Case study

Presented by Raymond Lim, Principal, TEP Legal

Description

Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories 

Session 1: Drafting and Varying Trusts, and Tax in Trusts
9.00am to 10.00am Variation of Trust

Presented by Denis Barlin, Barrister, 13 Wentworth Selborne Chambers

4.00pm to 4.15pm Afternoon Break
11.15am to 12.15pm Stamp Duty Pitfalls in Creating, Amending, Acknowledging and Confirming Trusts

 

  • Creating a trust over identified dutiable property – double duty under s.8 Duties Act 1997
  • Creating a trust over unidentified dutiable property with a nominal rate of duty under s.58 Duties Act 1997 Amending a trust and avoiding constituting a resettlement with liability to ad valorem duty under s.8 Duties Act 1997
  • Acknowledging the existence of a trust and liability for ad valorem duty under s.8AA Duties Act 1997
  • Confirming the existence of an oral trust and liability for ad valorem duty under s.8AA Duties Act 1997
  • Proving the existence of a resulting trust over dutiable property to the satisfaction of Revenue NSW under s.55 Duties Act 1997
  • Transferring dutiable trust property to a beneficiary and avoiding ad valorem duty on it under s.57 Duties Act 1997

Presented by Chris Bevan, Barrister, 8 Wentworth Chambers

10.00am to 11.00am Trust Vesting: A Theoretical and Practical Perspective

 

  • What is ‘vesting’ of a trust
  • What is the ‘rule against perpetuities’
  • What are the trust law implications of vesting
  • What are the tax law and duty implications of vesting
  • How can you manage vesting of a trust
  • Can you extend the vesting date
  • Can you seek Court approval to extend the vesting date
  • What can you do if a trust has already vested

Presented by Elizabeth Burnheim, Consulting Principal, Keypoint Law

12.15pm to 1.15pm Tax Issues for Trusts in 2026

 

Trusts remain as popular as ever as both an investment and trading vehicle. Due to the amount of wealth sitting in trusts, they have also become an attractive target for ATO scrutiny. Take a deep dive into the common areas of ATO attention, including:

  • Section 100A
  • Family trust elections, including consequential issues relating to holding period rules in respect of franked distributions
  • Division 7A, including Bendel’s case implications
    • Unpaid present entitlements generally
    • Anti-avoidance risks arising in trust structures

Presented by Mark West, Principal, West Garbutt; Recognised in Doyle’s Guide, Leading Queensland Tax Lawyer, and Jack Colley, Senior Associate, West Garbutt

2.00pm to 3.00pm Trusts in Family Law: Post Caldwell v Caldwell [2025] FedCFamC1F

Presented by Leona Bennett, Managing Partner, Southern Waters Legal; Accredited Specialist Family Law and Simon Bennett, Managing Director, Southern Waters Legal

Session 2: Benefits and Challenges of Utilising Trusts
3.00pm to 4.00pm The Role of Discretionary Trust in Succession Planning

 

  • Common objectives and challenges of a succession plan
  • How the trust can be used to effectively advance the succession plan
  • When the trust may not be most appropriate
  • Pitfalls in the use of the trust, including the trustee’s fiduciary duty and tax issues
  • Common anatomy in a discretionary trust and designing the trust in the context of succession planning

Presented by King Tan, Consulting Principal, Keypoint Law

Presenters

King Tan, Consulting Principal, Keypoint Law
King Tan is a senior lawyer with extensive experience in providing strategic legal advice across a broad range of complex matters. For more than a decade, he has advised private family groups and high-net-worth individuals on transactions and structures aimed at protecting, growing, and transitioning wealth. His practice spans corporate and commercial transactions, including acquisitions and divestments of shares, businesses, and assets, as well as domestic and cross-border restructures, and debt and equity raisings. King also has significant expertise in tax strategy and disputes, covering both federal taxes (such as income tax and capital gains tax) and state taxes (including stamp duty, land tax, and payroll tax). He provides structuring advice to optimise tax outcomes and manage risk, and represents clients in reviews, audits, objections, and litigation before revenue authorities. In addition, King’s private wealth and succession practice involves the design and establishment of family offices in Australia and offshore, developing asset protection and wealth preservation strategies, and implementing comprehensive succession plans to ensure intergenerational wealth transfer and business continuity.

Raymond Lim, Principal, TEP Legal
Raymond Lim is a solicitor-director of TEP Legal Pty Ltd. He holds qualifications in accounting, finance and law and holds dual professional qualifications as a Chartered Accountant and Solicitor. He has more than 20 years of extensive experience providing a diversified range of commercial legal advice to clients which includes trust, commercial law, property, taxation law as well as comprehensive estate and superannuation legal advice. Raymond is an expert in international estate planning, assisting high-net-worth private new migrants to kick start their business structures with businesses across different continents of the world. Raymond is an experienced presenter for Legalwise Seminars, Editor of Retirement and Estate Planning Bulletin as well as being the author of papers in technical journals such as Taxation Institute of Australia, Financial Planning, Money Management and Retirement and Estate Planning Bulletin.

Chris Bevan, Barrister, 8 Wentworth Chambers
Chris Bevan is a member of the Sydney Bar. Chris has been at the Bar for 33 years following a career as a solicitor in private practice for 11 years, 6 years of which he had spent as a law firm partner. A detailed curriculum vitae for Chris accompanies his paper. This brief biography is provided merely by way of an introduction of Chris as a leading expert on taxation law in Australia over the last 33 years, with particular application to company and trust structures. Chris appears in tax cases, company law and trust disputes, including disputes between shareholders, trustees and beneficiaries, with occasional appearances in the Family Court. Chris has appeared on a number of occasions during the last 30 years as leading counsel in cases involving those three principal areas of law in the High Court, the Federal Court, the Full Federal Court, and various Courts of Appeal and Supreme Courts around Australia. Chris is also a leading advisor, university and professional-body lecturer and author on tax law, company law and trust law. Chris is a member of the panel of very senior taxation lawyers registered with the Small Business and Family Enterprise Ombudsman. This panel provides legal advice at the highest level to small business taxpayers who have hit a brick wall in disputes with the ATO. The Small-Business Ombudsman provides a taxation equivalent of Medicare by making available senior tax lawyers on his whose advice is funded as to a $100 per hour gap-payment by taxpayers and as to the balance by the Ombudsman from a budget provided out of the Federal Budget. Chris is chairing sessions on trust law and taxation law aspects of testamentary disputes. There will be 15 minutes for questions.

Mark West, Principal, West Garbutt
Qualified as a lawyer, chartered accountant and chartered tax adviser, Mark West provides advice across most taxes. He has experience in income tax, capital gains tax, goods and services tax, fringe benefits tax, payroll tax and land tax. Mark assists with all legal matters involving taxation law - including planning/structuring advice, applications for rulings, assistance with audits and with related settlement negotiations with the ATO and State revenue authorities. He has acted for clients in tax cases before the Administrative Appeals Tribunal and the Full Federal Court, including cases relating to the operation of the small business CGT concessions. Mark's acts for a wide range of clients that include high wealth families and private groups, operators in the aged care/retirement living sector and organisations in the non-profit sector - as well as providing specialist tax support to other lawyers and accountants.

Jack Colley, Senior Associate, West Garbutt
Jack Colley is a lawyer and chartered accountant based in Brisbane. Jack advises on a wide range of tax and revenue issues, including income tax, capital gains tax, foreign tax issues (including residency), taxation of trusts, GST, FBT, payroll tax and other state taxes. Jack has acted for clients in a range of matters, including before both federal and state Courts and Tribunals, during ATO audits, objecting to ATO decisions, seeking private rulings from the ATO and providing technical advice. Jack has acted for a range of clients, including accountants and financial advisors, SMEs, family business, corporate groups and individuals, across various industries including agribusiness, retail, medical and allied health. Jack holds a Bachelor of Laws (Honours) and a Bachelor of Business (Accounting) from the Queensland University of Technology. Prior to joining West Garbutt, Jack practised as a lawyer at a Brisbane-based mid-tier firm and as an accountant at a national accounting firm.

Simon Bennett, Managing Partner, Southern Waters Legal
Simon Bennett is the Managing Director of Southern Waters Legal, a firm he co-founded in 2009 to provide expert legal advice with the accessibility and affordability often missing from larger firms. With over 20 years of experience, Simon specializes in business law, taxation, estate incapacity, and succession planning. Simon is also a Chartered Tax Advisor, offering advice on asset protection and structuring. He holds a Master of Laws from the University of New South Wales and a Master of Commerce from the University of Wollongong. Prior to founding Southern Waters Legal, Simon worked at a national law firm in Sydney. Known for his solutions-focused approach, Simon enjoys building friendly relationships with his clients. Outside of his legal practice, Simon is passionate about rugby union and loves spending time with his family.

Leona Bennett, Managing Partner, Southern Waters Legal
Leona is the Head of Family Law at Southern Waters Legal and an Accredited Specialist and trained Family Law Collaborative Solicitor. With nearly 25 years of experience practising as a Family Law Solicitor in the Sutherland Shire, she is deeply committed to guiding clients through the complexities of separation and family law matters. Leona's dedication to the field extends beyond practice—she has also contributed to legal education, teaching Family Law at the University of Wollongong in 2010 and 2011. Leona is passionate about this area of practice and understands that separation is one of the most challenging experiences a person can face and believes that the right legal support can make a meaningful difference. By attentively listening to her clients and understanding both their emotional and financial needs, she applies her expertise in the ever-evolving legal landscape to provide tailored solutions. Leona prioritises negotiation and mediation to resolve disputes efficiently, recognising the importance of minimising conflict wherever possible. However, when litigation is necessary, she advocates strongly for her client’s best interests. She approaches every case with professionalism, empathy, and respect, ensuring that each client is seen as an individual—not just a legal matter or a file.

Denis Barlin, Barrister, 13 Wentworth Chambers
With a particular focus on the SME market, Denis Barlin advises on all aspects of revenue laws, including income tax, CGT, GST and State taxes generally - including stamp duties and land tax. As well as taxation, Denis provides advice on trust law matters generally and superannuation. Denis is a regular speaker for professional associations including the TIA and has been a regular contributor to a number of professional journals.

Elizabeth Burnheim, Consulting Principal, Keypoint Law
Elizabeth is a specialised superannuation and taxation lawyer. She is experienced in handling complex taxation issues, often involving assisting high-net worth clients, business owners, trustees and beneficiaries of trusts, advising on business and investment structures for payroll tax purposes such as de-grouping applications and payroll tax audits. Elizabeth works across a wide range of matters, from assisting SMSFs acquire property using limited recourse borrowing strategies, to large payroll tax audits, to amending trust deeds for NSW Surcharge Purchaser Duty, to complex estate planning matters involving inter vivos and testamentary trusts. Elizabeth often presents at internal and external seminars and various tax discussion groups around Sydney and for The Tax Institute and Legalwise. She has also written multiple articles for the Australian Shareholder’s Association monthly publication. Elizabeth is regarded by her clients as knowledgeable, helpful and precise. She places significance on ensuring a comprehensive understanding of her clients’ circumstances to enable the best possible outcome. Elizabeth was formerly a Team Leader at Coleman Greig Lawyers’, in their Taxation and Superannuation team.

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Trusts Masterclass

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All Sessions
Tuesday, 3 March 2026
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
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Morning Session
Tuesday, 3 March 2026
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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Afternoon Session
Tuesday, 3 March 2026
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
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