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NSW 15th Annual Estate & Business Succession Planning

Published on 18 Oct 2018 | Took place at Swissotel Sydney, Sydney, NSW

This event covered key estate planning and succession planning topical and practical issues impacting clients and practitioners in the estate planning space.

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Individual sessions

Buy-sell agreements – Death is easy, beware the drafting failures

Author(s):  Peter BOBBIN

This presentation covers:

  • buy-sell agreements – when and how
  • non-life insurance trigger issues
  • key-person revenue and tax issues
  • key-person capital and tax risks
  • “converting” key-person revenue to capital
  • tax concerns regarding policy transfers.
Materials from this session:

Cross border elements in estate planning

Author(s):  John BALAZS

This paper covers:

  • connecting factors
  • death and taxes
  • some planning issues
  • other matters.
Materials from this session:

Brats & bitches - Recent developments in family provision law and practice

Author(s):  Therese CATANZARITI

This paper covers:

  • spouse
  • ex-spouses
  • step children
  • estranged.
Materials from this session:

Superannuation and estate planning

Author(s):  Mark WILKINSON

This presentation covers:

  • who can receive a death benefit?
  • form of benefit payment?
  • what can go wrong?
  • trustee discretion, reversionary pensions, BDBNs
  • retirement pensions and transfer balance caps on death.
Materials from this session:

A selection of practical issues arising in the context of wills and estates

Author(s):  David Williams,  Louise Williams

This paper covers:

  • digital assets and some of the issues which are emerging
  • crypto currencies
  • electronic/digital subscriptions
  • electronic communication channels
  • liabilities associated with future/ongoing payment obligations
  • social media assets as a channel of communication in the context of death or incapacity or ill-heath
  • whose body is it anyway?
  • implications of the bamford decision where there are life estates.
Materials from this session:

Estate planning and the use of testamentary trusts

Author(s):  Andrew FRANKLAND

This paper covers:

  • statutory framework of Division 6AA of the 1936 Tax Act
  • discretionary trusts and their relationship to testamentary trusts in estate planning
  • some foreign jurisdiction issues
  • asset protection planning with trusts
  • recent developments.
Materials from this session:

Capacity, consent, informed consent, undue influence and duress

Author(s):  Richard NEAL,  Caroline Sims

This paper covers:

  • capacity
  • undue influence and duress.
Materials from this session: