This workshop delivers a deep dive into the formulation, drafting and administration of testamentary trusts, equipping you to provide tailored, high-level advice and solutions. We move beyond the fundamentals to explore sophisticated strategies, practical problem-solving, and the nuances of trust creation, operation and winding up.
With a focus on real-world application, you will refine the skills needed to confidently integrate testamentary trusts into complex succession plans, ensuring they meet multiple objectives and stand up to scrutiny.
Wednesday, 15 October 2025
10.15am to 12.15pm Part Two: Testamentary Trust Considerations
- Strategies for Testamentary Trusts
- Minor taxation
- Asset protection - insolvency
- Asset protection – vulnerable beneficiaries
- Asset protection – family law
- Taxation benefits
- Testamentary Trust Options
- Testamentary Trust Options
- Optional Trusts
- Optional trust provisions
- Testamentary Trusts Succession
- Trust Control
- Succession of Trust control
- Intergenerational planning
- Sample clauses
- Testamentary Trusts and Centrelink
- Asset test
- Income test
- Excluding beneficiaries
- Alternatives
- An Introduction to Testamentary Trust Taxation
- Present entitlement + specific entitlement
- CGT and land tax
- Excepted trust income
- Non-residence issues
- Case studies and relevant cases
- Drafting Testamentary Trusts – Example Clauses
- Special disability trusts
- Life interest trusts
- Superannuation death benefit trusts
- Testamentary discretionary trusts
- Bringing It All Together
- Analysis of a sample Testamentary Trust Deed
- Trust administration checklist
- Critical cases
- Relevant legislation
- Summary
- Review of key Testamentary Trust concepts
- Detailed case study analysis
Presented by Paul Evans, Partner, Makinson d’Apice Lawyers; Accredited Specialist in Wills and Estates Law and Greg Russo, Principal Solicitor, Greg Russo Law; Accredited Specialist in Wills and Estates Law; Recommended Wills & Estates Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2024
Description
Attend and earn 3 CPD units including:
2 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Professional Skills
9.00am to 10.00am Part One: The What, Who, How, Why and When of Testamentary Trusts
- Testamentary Trusts Legal Framework
- Trust creation
- Legislation, common law and equity
- Main types of testamentary trusts
- Trusts Administration
- The anatomy of a testamentary trust
- Standard provisions
- Bespoke provisions
- Trustee discretion v beneficiary entitlements
- Trust administration
- Vesting
- Key Roles in Testamentary Trusts
- Testator
- Trustees
- Beneficiaries
- Guardians
- Examples of Different Types of Testamentary Trusts
- Special disability trusts
- Life interest trusts
- Superannuation death benefit trusts
- Testamentary discretionary trusts
10.00am to 10.15am Break
Presenters
Paul Evans, Partner, Makinson d’Apice LawyersPaul is a Partner at Makinson d’Apice with over 30 years’ experience in the Private Clients area. An Accredited Specialist in Wills and Estates Law, he is also a member of the Society of Trust and Estate Practitioners. Paul frequently speaks at seminars on Wills and Estate Law, providing continuing legal education for solicitors and other professionals. Paul qualified as a Solicitor in England in 1992 and in NSW in 1994. He holds Arts and Law degrees from the University of Sydney. His expertise includes wills and estate planning, disputes to wills, protecting assets for future generations, and estate administration. During his 18 years in London, Paul specialised in inheritance tax mitigation and worked with charities such as Save the Children Fund and The King Edward’s Hospital Fund for London.Before joining Makinson d’Apice in 2011, Paul worked at National Australia Trustees Limited (part of NAB Private Wealth) as Manager Northern States, Estate Planning. Paul has extensive experience assisting a wide range of clients, including high-net-worth individuals, and creating tailored solutions for blended families. Paul regularly appears in Doyles Guide in the areas of estate litigation and Wills, Estates & Succession Planning.
Greg Russo, Principal Solicitor, Greg Russo Law
Greg Russo has almost 30 years’ experience in succession planning, administration and litigation and is one of Victoria’s most experienced and respected succession law solicitors. With a background in pure mathematics, Greg not only understands the implications of planning decisions on future taxation, SMSF, trust and estate administration, he is also able to break down complex concepts and structures logically and explain options to clients in a way that empowers them to take positive action and ownership for their decisions. Using the knowledge and insights that he has acquired over three decades, he crafts unique solutions to complex succession problems. Greg teaches both mathematics and law, regularly presents CPD succession events to solicitors, accountants and other professionals in Victoria, Queensland, and online. Greg is an LIV Wills & Estates Accredited Specialist, a chairperson of the LIV Specialist Accreditation Education Advisory Committee, a board member of the Mount Eliza Community Bank, a member of STEP, and is recognised in Doyle’s Guide, in Victoria, as a Leading Wills and Estates Litigation Lawyer and a Leading Wills, Estates and Succession Planning Lawyer
This seminar is part of a series
Trusts Law Intensive Series
In today’s complex legal environment, a standard will rarely meet the intricate needs of modern clients. Succession practitioners are increasingly called upon to advise on the strategic use of testamentary trusts to manage blended family dynamics, optimise tax outcomes, protect assets, and safeguard vulnerable beneficiaries.
Description
Attend the full series and earn 6 CPD units including:
4 units in Substantive Law
2 units in Professional Skills
This program is applicable to practitioners from all States & Territories
If you register for the full series as a live online product after the date of an individual session, you will be sent the recording for the sessions that have passed. Alternatively, you can register for individual sessions by following the links below.
View series listing
