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Estate and Succession Planning

Published on 23 Jul 2008 | Took place at Marriott Hotel, Sydney, NSW

As a result of Australia’s aging population the market for good estate and succession planning advice has grown considerably in recent years and this growth is expected to continue in the years ahead. This seminar provided practitioners with an excellent opportunity to further refine their skills and learn about the new cutting edge strategies and developments in this area. The emerging planning opportunities for clients mean that maintaining knowledge in this area is crucial. Our panel of expert speakers covered both the planning opportunities for individuals and businesses. Important issues such as the use of testamentary trusts, superannuation death benefits, restructuring for succession and buy/sell agreements were examined.

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Individual sessions

Testamentary trusts paper

Author(s):  Denis BARLIN

This paper covers:

  • when may a testamentary trust be established?
  • how to ensure that the right person gets the benefit of an asset
  • differentiating between an executor and a trustee of a testamentary trust
  • controlling testamentary trusts through multiple generations
  • rights and obligations of trustees of testamentary trusts
  • rights of aggrieved beneficiaries of a testamentary trust.
Materials from this session:

Family trusts: Successful succession

Author(s):  Bernie O'SULLIVAN

Passing control of a family trust from one generation to another requires detailed planning and careful consideration of trust and tax law.
This paper covers:

  • who controls family trusts?
  • a brief look at options for succession
  • dealing with disputes
  • do letters of wishes work?
  • does the adviser have a role?
  • should you amend the trust deed now?
Materials from this session:

Important changes to the Law of Wills and succession in NSW

Author(s):  Ramena KAKO

This paper covers:

  • the making of court authorised wills for persons lacking testamentary capacity
  • statutory guidance on wills made by minors
  • interested witness rules - who can benefit under a will?
  • who can access the will?
Materials from this session:

Overview of the Family Provision Act, 1982 and proposed changes to the legislation under the Succession Amendment (Family Provision) Bill 2008

Author(s):  Jane NEEDHAM

This paper provides an overview of the Family Provision Act 1982 (NSW), including:

  • who is an eligible person to bring a claim?
  • making a Family Provision Act claim
  • succession planning in light of the Family Provision Act
  • proposed changes to the Family Provision Act.
Materials from this session:

Estate planning for business owners

Author(s):  Louise BITI

This paper considers the importance for business partners to have an effective succession plan in place. This paper covers:

  • buy/sell agreements
  • structuring the funding arrangements
  • considering the relevant trigger events
  • the team of professionals and interactions.
Materials from this session:

Restructuring the family group for an estate plan

Author(s):  Bill SHEW

This paper covers:

  • the re-organisation of family groups, including companies and trusts, the tricks and traps
  • the availability of tax concessions in group reorganisations
  • consideration of consolidation and demergers.
Materials from this session:

Business succession planning – Buy/sell agreements

Author(s):  Chris TSOVOLOS

This paper covers:

  • commercial issues in structuring buy/sell agreements
  • taxation issues in structuring buy/sell agreements
  • taxation issues in funding buy/sell agreements
  • business succession planning for dad and mum businesses, the risks to the business, family wealth and issues to consider.
Materials from this session:

Super death benefits

Author(s):  Mark WILKINSON This presentation covers:

  • how do members control who will receive a benefit on their death?
  • how do members determine who is entitled to receive a benefit on their death?
  • what are the ways in which these death benefits can be paid and how does this benefit different categories of beneficiaries?
  • how do we tie superannuation, estate and succession planning together for the benefit of the client?
Materials from this session: