Trust Drafting: Back to Basics

Learn the essentials of drafting a variety of trusts and how to determine which type of trust is best for your clients' particular needs. With reference to case law, understand trust deed clauses that stand the test of time. Identify red flags and take away valuable tips that will fix the cracks in your client’s armour.

Monday, 25 November 2024
Professional Skills
Trust Drafting Fundamentals from an Income Tax and Stamp Duty Perspective
  • Incidence of tax/duty in establishing, administering and winding up a trust
  • Basic types of trust and their tax/duty significance eg discretionary v fixed, family, testamentary, superannuation, business
  • Trust income and capital from an income tax perspective
  • Amendments of trust deeds including trust resettlements
  • Tax avoidance rules affecting trusts

Presented by Michael Bersten, Barrister

Professional Skills
Common Trust Drafting Mistakes and How to Fix Them
  • Income powers that don’t quite get there
  • Unexpected or unwelcome restrictions on powers
  • Trustee or appointor succession dead-ends
  • Bad choices for key beneficiaries

Presented by Alex Whitney, Senior Associate, West Garbutt

Professional Skills
Drafting Trust Deed Clauses that Stand the Test of Time
  • The importance of broad-based variation clauses
  • Recent cases about trustee obligations, including JJW v Owies
  • Relevance of the High Court's decision in Bosanac v FCT
  • Is future proofing necessary or desirable?

Presented by Clifford Hughes CTA, Principal, Clifford Hughes & Associates; Accredited Specialist in Taxation Law; Accredited Specialist in Business Law (Qld); Accredited Specialist in Wills and Estates Law (VIC); SMSF Specialist Advisor

Chair:

Chris Apostolakos, Partner, Diamond Conway Lawyers

Description

This program is applicable to practitioners from all States & Territories

* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules

*Original Content was created in February 2023 

 

Attend and earn 3 CPD units in Professional Skills

Presenters

Chris Apostolakos, Partner, Diamond Conway Lawyers
Chris Apostolakos is a partner in the Wills & Estates team of Diamond Conway. He primarily focuses on estate planning and estate litigation, involving contested wills and family provision claims. With his extensive knowledge and expertise, Chris assists clients with their estate planning to achieve effective family and business succession planning outcomes. His clients include high net worth individuals, and clients with various and complex asset structures. In addition to guiding clients through difficult court proceedings, he also has extensive experience in mediation and settlement negotiations, exploring these avenues to avoid clients the expense and stress of legal proceedings, wherever possible and appropriate. Prior to joining Diamond Conway, Chris was a sole practitioner, and he has also held in-house legal roles for various organisations including the trustee of the largest superannuation fund in Australia, an investment fund manager and an aged care group. With qualifications in business and law from the University of Technology, Chris brings a commercial and practical approach to his work, drawing on his twenty years' experience. He is now also completing a Masters of Law majoring in Wills & Estates. Chris is actively involved in several community and charitable organisations, serving on several boards and committees, particularly in the Greek-Australian community and the St George Football Association. Away from work, Chris spends time with his family enjoying the challenges of two teenage children. An avid football fan, he also enjoys golf, music and movies.

Alex Whitney, Senior Associate, West Garbutt
Alex was admitted as a solicitor in 2014 and has focussed on technical tax for most of his career. He has experience in the areas of income tax, CGT, GST, superannuation guarantee as well as disputes with revenue authorities. Alex has acted for a broad range of clients, including family businesses, high wealth private groups, national non-profit organisations, deceased estates and corporate groups. He has acted on large transactions ($100M+) which required significant tax involvement, as well as objections and appeals for income tax, CGT and GST. A significant part of Alex’s practice involves supporting accountants and other family advisors in servicing their clients need’s in relation to complex tax matters. Alex has been published in a variety of publications including Bloomberg BNA Tax Planning International Asia Pacific Focus, the New South Wales Law Society Journal and the Tax Institute of Australia ‘Taxation in Australia’ journal.

Michael Bersten, Barrister, Michael Bersten Barrister
Michael Bersten has been in full time legal practice for over 40 years and since 2018 has practiced as a Barrister. Michael specialises in tax and related corporate, commercial, trusts and financial matters. Michael’s current clients comprise mainly business and private wealth clients. Until 2001 Michael held legal positions in the Federal Attorney General’s Department and senior executive roles in the Australian Government Solicitor and Australia Taxation Office. From 2001 – 2018 Michael was based in Sydney as a partner in Big 4 professional firms undertaking legal practice in the area of tax controversy and dispute resolution. Michael graduated in law at UNSW and later graduated with a Masters of Taxation from the UNSW ATAX Program and an EMBA from UNSW. Michael is widely published in peer reviewed academic journals including an article in the British Tax Review in 2023 on Australia’s General Anti-Avoidance Rules. Michael was in 2023 awarded, together with Professor Robin Woellner, the Cedric Sanford medal for best paper at the UNSW ATAX 15th Biennial International Tax Administration Conference for a paper on reforming legal professional privilege in Australia. For a full list of publications and further background please see Michael’s page on LinkedIn, which also includes his contact details.

Clifford Hughes CTA, Principal, Clifford Hughes & Associates
Clifford Hughes practices as an independent consultant to numerous legal and accounting firms in respect of tax, super, business structuring and succession issues for their own practice structures and also for their clients. He is a Chartered Tax Advisor and a triple Accredited Specialist with the Queensland Law Society & the Law Institute of Victoria.

INT232N13Z

Trust Drafting: Back to Basics

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DELIVERY MODE BELOW

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Single Session
Monday, 25 November 2024
to Australia/Sydney
CPD Points 3
$420.00
Online 20260323 20241125

Interactive On Demand

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Claim uncapped CPD units from this interactive program.

*Check your rules on interactive recordings.
On Demand 20260323 20241125

Interactive On Demand

Register
Register
Claim uncapped CPD units from this interactive program.

*Check your rules on interactive recordings.
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