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2019 Death...and Taxes Symposium

Published on 18 Jul 2019 | Took place at Sofitel Gold Coast, Broadbeach, QLD

This event highlighted the timetable of likely events that happen post-death. The event focused on key CGT and income tax problem areas and examined importance of directed superannuation benefits (and the pitfalls that are highlighted in litigation). The event also covered awareness of professional obligations when dealing with clients who might be in danger of losing their capacity to make decisions.

Get a 20% discount when you buy all the items from this event.

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Individual sessions

The increasingly litigious superannuation environment

Author(s):  Caite Brewer

This paper covers:

  • some basics about superannuation law
  • binding death benefit nominations (BDBNs)
  • McIntosh v McIntosh
  • Brine v Carter
  • Burgess v Burgess
  • Gonciarz v Bienias
  • re Marsella (No 2)
  • take-away points.
Materials from this session:

Incapacity in more depth – Issues that affect us all

Author(s):  Michele Davis

This paper covers:

  • capacity, what is it? 
  • different tests for legal capacity
  • who is responsible for detection of capacity?
  • powers of attorney and undue influence 
  • practical tests to apply to reduce risks
  • conflict scenarios 
  • case study
  • take-away points.
Materials from this session:

An update on how to manage superannuation monies after death

Author(s):  Laura HANRAHAN

This paper covers:

  • managing superannuation monies after death
  • controlling death benefit payments
  • case law
  • impact of transfer balance cap on estate planning.
Materials from this session:

Testamentary trusts are an estate planning superpower … but will they survive the impending attack on trusts?

Author(s):  Tara Lucke

This paper covers:

  • trusts under fire
  • testamentary trusts – what’s all the fuss about?
  • TDTs and CGT
  • TDTs and income tax
  • drafting wills with TDTs – it’s all in the fine print
  • take away points.
Materials from this session:

Setting the context: Why is advising in the area of estates increasingly important?

Author(s):  Bryan Mitchell

This paper covers:

  • the importance of proper advice
  • the threats of competition, disruption and deception 
  • practical solutions.
Materials from this session:

International complexities becoming the norm for deceased estates

Author(s):  Ian Raspin

This paper covers:

  • past changes of tax residence
  • residence of legal personal representative
  • residence of beneficiaries
  • other matters.
Materials from this session:

Australian Tax Office

Author(s):  Danijela Jablanovic

This presentation covers:

  • statistics
  • main residence exemption
  • PCG 2019/5
  • Section 99A
  • applying for the discretion.
Materials from this session: