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.
Wednesday, 9 September 2026
10.00am to 10.15am Break
10.15am to 12.30pm 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
11.15am to 11.30am Break (15 Minutes)
- An Introduction to Testamentary Trust Taxation
- Present entitlement + specific entitlement
- CGT and land tax
- Excepted trust income
- Non-residence issues
- Impact of recent budget announcements
- 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 Greg Russo, Principal, 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 2025
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
9.00am to 10.00am 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
TESTAMENTARY TRUSTS MASTERCLASS
Take a deep dive into the formulation, drafting and administration of testamentary trusts, equipping you to provide tailored, high-level advice and solutions. 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.
Presenters
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. 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. 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. Greg teaches both mathematics and law, regularly presents CPD succession events to solicitors, accountants and other professionals in Victoria, Queensland, and online.
