Gone are the days when a simple Will would suffice for all clients. You need to be aware of the different types of testamentary trusts available to cover issues that arise in family structures, the need for asset protection and trusts for beneficiaries living with a disability or who are vulnerable. Attend this in-depth workshop to gain the critical information, examples, strategies & best practices you need to elevate your testamentary trust drafting skills.
Throughout the workshop, you will review example clauses and how to avoid pitfalls when drafting testamentary trusts. You will examine:
- Circumstances for including a testamentary trust in the will
- The different types of testamentary trusts:
- Special disability trusts
- Life interest trusts
- Superannuation death benefit trusts
- Testamentary discretionary trusts
- Tax issues with testamentary trusts
- Excepted Trust Income
- Capital gains tax and land tax
- Non-resident beneficiaries
- Administrative and legal requirements for setting up the trust
- Case studies to illustrate when a particular trust may be appropriate for a client's circumstances
Chair:
Robert Monahan, Director, Monahan Estate Planning; Accredited Specialist in Wills and Estates; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2022
Description
Attend and earn 3 CPD units including:
1.5 units in Professional Skills
1.5 units in Substantive Law
This program is applicable to practitioners from all States & Territories
Presented by Paul Evans, Partner, Makinson d’Apice Lawyers; Accredited Specialist in Wills & Estates Law; Leading Wills, Estates & Succession Planning Lawyer and Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2022
Presenters
Paul Evans, Partner, Makinson d’Apice Lawyers
Paul Evans specializes in wills and estate planning, disputes to wills, protecting assets for future generations and estate administration. Paul lived in London for 18 years and during that time specialized in inheritance tax mitigation and also acted for charities. He worked at National Australia Trustees Limited (part of Nab private wealth) where he was Manager Northern States, Estate Planning. He is a member of the Specialist Accreditation Wills and Advisory Committee and a regular speaker on Wills and Estate Law.
Robert Monahan, Director, Monahan Estate Planning
After working for many years in private partnership and corporate legal environments, Robert established Monahan Estate Planning in 2014, a boutique practice where Robert and his daughter Julia specialize in Estate Planning, and Wills & Estate Law generally. Robert consults with accountants, financial advisors and other lawyers to deliver estate planning services to their clients. Since 1998 Robert has been a Law Society Accredited Specialist in the area of Wills and Estate Law. Robert is the General Editor of the Lexis Nexis Estate Planning Service, and in December 2020 the 5th edition of his book Estate Planning: A Practical Guide for Professionals Helping Australians to Age Well was published. In 2018 he authored the chapter on estate planning in Elder Law: A Guide to Working with Older Australians. For many years the Doyle’s Guide has named Robert as a leading Wills & Succession Lawyer in NSW.
