Estate Planning and Asset Protection Strategies
Designed to take your practice to new heights, gain a wealth of actionable planning solutions and structuring tips from experts in the field. Explore tax considerations for trusts and super funds including tips and traps of s100A and death benefits tax. Cross check your asset protection planning against leading standards for testamentary trusts, family trusts, mutual will agreements, life interests, insurances and so much more. 233W02
Description
Attend and earn 3 CPD points in Competency Area 4: Substantive Law
This program is based on WA legislation
Chair: Lee-Ann Cartoon, Principal, Succession Solutions Perth; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2021
2.00pm to 2.45pm Recent Trusts Tax Aspects of Estate Planning
Trusts and super funds are common structures used in private and commercial settings by many people during their lifetime. Dealing with these structures in Estate Planning can be a challenge. In this session we will explore tax considerations for trusts and super funds in the context of estate planning and address some of the recent tips and traps for planning strategies in the following areas:
- Discretionary trusts, Unpaid Present Entitlement (UPE), Revocable Trusts and Reimbursement Agreements (s100 A)
- Trusts duties consideration in estate planning
- CGT and Trusts – “tainted” testamentary trusts
- Superannuation Death Benefits Tax
Presented by Yikai Hoe CTA, Director, Provident Lawyers; SMSF Specialist Advisor
2.45pm to 3.30pm Asset Protection: Presumption of Advancement and Presumptive Trusts
- The historical context and recent developments
- Asset structuring in the context of tax disputes
- Key considerations for asset protection planning
Presented by Alan Krawitz CTA, Director, Smailes Krawitz; Preeminent Tax Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2022 and Adrian Hanrahan, Lawyer, Smailes Krawitz
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Testamentary Trusts
- Why use a Testamentary Trust?
- Asset protection
- against claims by third parties
- against claims by in-laws
- for vulnerable beneficiaries
- Review case law
Presented by John Butler, Special Counsel, Butlers Lawyers & Notaries
4.30pm to 5.15pm Estate Planning for Blended Families: Tips, Traps and Strategies
- Mutual Will Agreements and life interests
- Superannuation and family trust succession planning
- Utilising insurances to assist with planning
Presented by Karolina Rzymkowska, Director, Perth Legal Collective; Recommended Wills & Estates Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2022 and Christina Ati, Director, Perth Legal Collective
Presenters
Lee-Ann Cartoon
Lee-Ann Cartoon is an experienced tax and estate planning lawyer. She has worked throughout Australia and the UK advising clients ranging from global financial institutions and multinational energy and resource companies to high net wealth individuals. Lee-Ann's experience has given her an appreciation of the importance of approaching any matter commercially, logically and with the client's end goal front of mind. Lee-Ann has developed a particular interest in the areas of estate and succession planning, with a focus on effective and robust structuring.
Yikai Hoe
Yikai is the founder of Provident Lawyers. He is an admitted legal practitioner in the Supreme Court of Western Australia and the ACT, and the High Court of Australia. Yikai enjoys practicing in superannuation and tax law and assists business clients and professional advisers with a myriad of legal solutions on all types of superannuation, tax compliance and commercial matters. He also delivers tailored estate planning and succession strategies to high-net-worth clients and is a SMSF Specialist Advisor (SSA), Chartered Tax Adviser (CTA) and Trusts and Estate Practitioner (TEP). He has presented for CPD providers on various superannuation, tax, estate and succession planning and commercial law topics.
Alan Krawitz CTA
Alan has nearly 20 years of experience acting for privately owned enterprises, high net-worth individuals and corporate groups in the areas of tax, trusts, wills, estates and commercial law. Alan is sought after by accounting, law, and financial planning firms on behalf of their clients. Prior to establishing Smailes Krawitz, Alan helped lead the private client law team as a director at Ernst & Young (EY) in Perth. He was previously a partner at Norton & Smailes, the pre-eminent tax law firm in Western Australia before its acquisition by Ernst & Young in 2016. Alan is admitted as a lawyer of the Supreme Court of Western Australia and is entitled to practice in the High Court of Australia, the Federal Court of Australia, and the Administrative Appeals Tribunal. Alan provides complex tax advice for private and family groups and high net worth individuals. He acts for taxpayers in disputes with the Australian Taxation Office and RevenueWA, including matters filed in the Federal Court of Australia and the Administrative Appeals Tribunal. Alan provides estate plans of highly prominent individuals in Australian corporate life and acts for clients in relation to disputes involving trusts (including discretionary trusts, unit trusts and testamentary trusts) and estates.
Adrian Hanrahan
Adrian is admitted as a Lawyer of the Supreme Court of Western Australia and High Court of Australia. Adrian specialises in the tax and legal affairs of high-net-worth individuals, wealthy family groups and private clients. He also provides his expertise directly to accountants and other solicitors. Adrian also works as a Lecturer at Curtin Law School in both undergraduate (LLB) and postgraduate (MTax) degrees, is a regular presenter at CPD seminars, and sits on a number of taxation committees of professional bodies. Adrian has over 16 years' private practice experience providing advice in tax and private wealth structuring, and additionally, has worked as a Tax Avoidance Taskforce - Tax Specialist, in an Executive Leadership role at the Australian Taxation Office (ATO). Adrian is instructed by clients who need solutions to complex tax, trusts, SMSF, estates and legal problems for their businesses and investments including reviews, audits and litigation conducted by the ATO. Adrian holds a Master of Applied Finance, Bachelor of Commerce, Bachelor of Laws, Graduate Diploma of Legal Practice and has held a variety of specialist designations. He holds memberships with the Law Society of WA, Law Council of Australia, Financial Planning Association, and Economics Society of Australia.
John Butler
John Butler has worked in the law for more than 54 years. He is a Barrister and Solicitor of the Supreme Court of Western Australia, a Solicitor of the Supreme Court of New South Wales, a Barrister and Solicitor of the Supreme Court of the Australian Capital Territory, and on the Roll of Legal Practitioners for the High Court of Australia. In addition to Western Australia, John has practised in New South Wales and the ACT. He has been a partner in a national legal firm and has twice established his own practice. John is currently the Principal of Butlers, Lawyers & Notaries, based in Nedlands. The majority of John's practice is in the areas of Family Law, Business Planning, Wills & Estate Planning, Claims on Estates, Guardianship & Administration and Elder Law. John has been involved with government and independent schools for over 40 years, including serving on the governing bodies of several independent schools over that period. John holds a Commission in the Australian Army and is on the Reserve of Officers. John is also an active member of the Rotary Club of Matilda Bay.
Karolina Rzymkowska
Karolina Rzymkowska is a founding director of Perth Legal Collective, a boutique fixed price law firm operating out of Burswood. Karolina has practiced in the area of Wills, Estates and Commercial Law for over 15 years and has assisted clients with all aspects of their personal & business succession planning, estate dispute matters, deceased estate administration and commercial advice and documentation. Prior to founding Perth Legal Collective, Karolina held management roles and partnership positions in several well-known boutique law firms as well as leading the estates team at ANZ Trustees in WA and SA. Karolina has a strong interest in aged care and holds a board position with a local aged care and disability services provider. Karolina is also a fully qualified Collaborative Law Practitioner and is a member of Collaborative Professionals WA.
Christina Ati
Christina is a founding director of Perth Legal Collective who specialises in family law, criminal law, and restraining orders.
Christina is an expert negotiator who focuses on achieving the best outcome for her clients at the earliest opportunity. She places great emphasis on protecting her clients’ interests and resolving matters outside of Court including by negotiation, mediation, collaboration and other alternative dispute resolution.
Christina has extensive experience in all areas of family law including complex parenting and financial proceedings. Christina has previous international family law experience involving matters of international child-abduction proceedings.
Whether your matter requires preparing simple or complex settlement documents or requires representing you at Court for any reason, Christina takes a strategic, pragmatic and customised approach to each matter.
Christina is well versed in Violence Restraining Order matters and has acted for Applicants and Respondents. With a strong focus on resolution, Christina has an excellent track record for achieving the desired outcomes for her clients when negotiating settlements and/or representing them in Court.
With respect to criminal law matters, Christina has represented clients for various charges and in various Courts of Western Australia including charges that hold long imprisonment penalties. Christina has keen interest in providing a vigorous defence and representation to her clients to ensure their rights and liberties are protected.
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates.