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 legal practice for 37 years and since 2018 as a Barrister. Michael specialises in tax and related corporate, commercial, trusts and financial crime matters. Michael’s current clients comprise mainly business and private wealth clients. Michael is also a sessional Lecturer in the UNSW Business School ATAX Masters Program. Michael is the NSW Deputy Chairman of the Law Council Tax Committee and a member of the Australian Bar Association tax committee. Michael has been regularly voted by clients as a Tax Controversy and Disputes leader in the International Tax Review Survey. Michael was a tax and legal partner from 2004 -2018 at PwC and before that a partner at Deloitte from 2001-2004. Michael founded their tax controversy and dispute resolution practices. Before that Michael Bersten was head of the ATO Tax Counsel Network and chaired the GAAR Panel amongst other senior roles. Michael was a Deputy Australian Government Solicitor (1996-1999) and national head of the tax and customs practices. Michael is ranked as a leading Tax Law Barrister with Doyle’s Guide, New South Wales, 2022 Connect with Michael via LinkedIn.


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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Single Session
Monday, 25 November 2024
to Australia/Sydney
CPD Points 3
$420.00
Online 20241225 20241125

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