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Estate Planning: Practical & Strategic

Published on 23 Oct 2008 | Took place at The Chifley at Lennons, Brisbane, QLD

Given Australia’s ageing population, estate planning is becoming an increasingly relevant component of accountants, lawyers and financial planners everyday practice. 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 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.

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Individual sessions

The A—Z of estate planning

Author(s):  Sean MCMAHON

This paper covers:

  • tax effective wills
  • the importance of a holistic approach to estate planning
  • family provisions
  • particular issues arising from blended families
  • administering an estate in bankruptcy and what you didn't realise about claw backs.
Materials from this session:

Instalment warrants

Author(s):  Neal DALLAS

This paper covers:

  • identifying the key features of the SIS borrowing rules
  • examining ATO guidance and some key issues in applying the rules
  • emerging approaches and alternatives.

 

Materials from this session:

Charitable gifts

Author(s):  Heather WATSON

This paper covers:

  • drafting techniques for testamentary charitable trusts and gifts to charities
  • impact of family provision applications and other claims against the estate on gifts to charities
  • outline of options for structuring charitable trusts outside of wills
  • discussion on the growth of philanthropic trusts and key issues
  • tax treatment of charitable trusts.
Materials from this session:

Charitable trusts

Author(s):  Frances FREDRIKSEN

This paper covers:

  • elements of a valid charitable trust
  • charitable purpose
  • examples
  • public benefit
  • delegation of testamentary power
  • enforcement and administration of charitable trusts.
Materials from this session:

Small business concessions – estate planning

Author(s):  Michael BALLANS

This paper covers:

  • introduction to Division 152 Small Business Concessions
  • utilising the concessions in estate planning
  • the retirement exemption and its importance in estate planning
  • practical examples of the concessions.
Materials from this session:

Family provision applications

Author(s):  John DE GROOT

This presentation covers:

  • resources subject to such claims, including ruling from the grave via trusts
  • recent tendencies of the Courts in dealing with such claims (eg. claims by grown sons & daughters being disposed of summarily)
  • planning steps available in Queensland and other States to increase the chance assets will go where intended
  • limits, including ethical limits, on such structuring.
Materials from this session:

Trust cloning

Author(s):  Steven GRANT

This paper covers:

  • update - the current position of the ATO
  • Duty in Queensland and Duty in New South Wales
  • mechanics of cloning
  • some practical examples of cloning in succession and estate planning.
Materials from this session: