Succession Planning and Trusts Summit
Gain insight into the complex issues of trusts in this high level review. Examine the latest decisions on trusts, succession law, powers of attorney and costs. Investigate testamentary trust clauses using case studies. Gain practical insights on superannuation pension payments and death benefit planning following the indexation of the transfer balance cap from 1 July 2021. This seminar is not to be missed by all wills and estate lawyers. WEB2111V07
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on VIC legislation
Chair: Mercia Chapman, Senior Legal Counsel, Equity Trustees
9.00am to 10.00am Trust, Succession Law and VCAT/Powers of Attorney Cases Update
- Recent decisions in Trusts, Succession Law and VCAT Powers of Attorney
- Commentary from the Courts from the practitioners point of view; takeaway tips to implement in your practice
- Recent decisions involving costs
Presented by Jennifer Maher, Principal Lawyer, KCL Law; Accredited Specialist in Wills and Estates Law; Leading Wills & Estates Litigation Lawyers and Leading Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
10.00am to 11.00am Drafting Bespoke Testamentary Trusts
- Gain a deep understanding how testamentary trusts may be employed to achieve specific estate planning outcomes
- Examine sample trust clauses provided and their use explained with the aid of practical case studies
- Discuss and compare a number of common trust precedents and approaches
Presented by Greg Russo, Solicitor, Featherby’s Lawyers; Accredited Specialist in Wills and Estates; Leading Wills & Estates Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Passing Control of a Discretionary Trust to the Next Generation as a Business Succession Strategy
- Tips and traps concerning successor appointors
- Protecting surviving spouses and other at-risk beneficiaries
- Problems with deeds: provisions to consider
- Key issues with constitutions that you need to consider
- Splitting and cloning trusts
- Boards shadow boards and externals
- Lessons from Mercanti that benefit you and your clients
- Converting non-estate to estate assets
Presented by Damian O’Connor, Managing Principal, Tax + Law; Chartered Tax Adviser; Best Lawyers 2022, Tax Law; Materials Prepared by Paul Hockridge, Principal, Hockridge Advisory
12.15pm to 1.15pm Strategic Superannuation Death Benefit Planning in the Estate and Succession Plan
Address superannuation pension payments and death benefit planning following the indexation of the transfer balance cap from 1 July 2021, including:
- Ensuring superannuation entitlements are addressed in the estate and succession plan
- Lifetime pension strategies and the transfer balance cap
- Reversionary and non-reversionary pensions on death
- Death benefit strategies
- Withdrawal and recontribution strategies
Presented by Nathan Yii, Principal Lawyer, Nathan Yii Lawyers; Preeminent Wills, Estates & Succession Planning Lawyer and Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2020; Chartered Tax Advisor; SMSF Specialist Advisor
Presenters
Mercia Chapman, Senior Legal Counsel, Equity Trustees
Mercia was admitted to legal practice in 1976 and practised as a solicitor in the areas of probate, wills, trusts, estate planning and property for 15 years. She became a member of the Victorian Bar in 1991 practising in probate, wills, trusts and property. She is the author of many articles and co-author of many books including Limitation of Actions Handbook and Practical Forms and Precedents (Victoria). Mercia is past Chairman of the Victorian Branch of STEP, and a member of the Victorian Supreme Court Probate Users' Committee and the Chair of the Law Institute of Victoria Succession Law Committee.
Jennifer Maher, Principal Lawyer, KCL Law
Jennifer advises private businesses and high net worth families and individuals in relation to wealth transfer, asset protection, trusts, business structuring and succession planning.
Jennifer has handled a large number of family provision claims and has been involved in numerous estate and trust litigation cases as well as a number of significant cases in wills, estate and equity matters including cy-près applications. Her practice incorporates will making, estate planning, estate litigation, trust law, attorneyship, guardianship and aged care. Jennifer's clientele includes private clients, businesses, high net worth clients, trustee companies, private and public corporations, private family and business trusts.
Greg Russo, Solicitor, Featherby’s Lawyers
Greg Russo is a partner at Featherbys Barristers and Solicitors. He is a LIV Wills and Estates Accredited Specialist, a Member of the LIV Specialist Accreditation Education Advisory Committee and the LIV Wills and Estates Advisory Committee. In the last few years he has organised, chaired, moderated and presented at a number of LIV events, mainly in the area of Wills and Estates.
Damian O’Connor, Managing Principal, Tax + Law
Damian O'Connor is the Managing Principal of specialist taxation law firm, Tax + Law. He has more than 40 years’ experience in tax, commercial, SME and family legal issues in Melbourne and Brisbane. His experience includes 23 years with the Australian Taxation Office, and as a tax partner with national law firms. Damian provides practical technical advice on complex tax issues, commercial and family wealth structuring, tax consequences of family law property settlements and tax disputes. He has decades of experience in managing high risk, high stress dealings with revenue authorities.
Nathan Yii, Principal Lawyer, Nathan Yii Lawyers
Nathan works with accountants, financial planners and other lawyers to achieve their clients structuring and estate planning objectives, factoring in taxation, asset protection, SMSF compliance and dispute prevention. He consults to family businesses and family offices of high net worth individuals around Australia. Nathan also acts for clients in trusts, estates and SMSF dispute matters in the hope of resolving matters in a tax effective manner as he is a Chartered Tax Advisor. He is an adjunct lecturer and advisory committee board member for the Estate Planning Practice Specialisation in the Master of Laws program at the College of Law.