Effective Transfer of Control of Family Trusts and SMSFs in Estate Planning - half day interactive workshop
Tuesday 20th November 2018

The Adina Apartment Hotel, Melbourne

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When you register for this event, you will be one of a small number of attendees as the maximum attendance is 24

Nathan Yii, one of our most highly regarded estate planning presenters, will lead the workshop.

Nathan will devote 1.5 hours to each of the two topics – Control of Family Trusts and Control of Super Funds – to allow you to explore the issues in depth.  The 1.5 hours is broken up into two parts:

  1. A 45 minute interactive presentation on the subject
  2. 45 minutes devoted to case studies on the subject

Attendees will be seated at tables of 4 and will work on the case studies on a team basis.

Finally, your registration fee includes a 15 minute telephone consultation with Nathan Yii at an agreed time within three months of the workshop.

Session 1:  Passing Control of Family Trusts to the Next Generation: Avoiding WWIII

A big part of estate planning is trying to do it effectively and minimise family disputes.  This session looks at how your estate plan can transfer control of the family trust cleanly and effectively, in order to minimise family disputes. It covers:

  • Determining the components of trust control:
    • the trustee’s role and why a corporate trustee is recommended
    • control of the corporate trustee
    • the other controllers including the appointor and guardian
  • Effective transfer of control including recent case law Determining the objective of the transfer:
    • to one child/family group
    • to some children
    • to all children
  • Techniques in effective control transfer to a single child/group – minimising risk of disputes with other family members
  • Techniques in transfer to more than one child:
    • joint control – covering all bases
    • how to avoiding ganging up
    • dispute resolution procedures
  • Other changes necessary:
  • Trustee company constitution
  • Trustee company shareholdings
  • Appointor and guardian succession and tips and traps on death of controllers

Session 1: Case Studies

  • 45 minutes devoted to case studies on Passing Control of Family Trusts to the Next Generation

Session 2: Succession Planning for SMSFs: Care, Capacity and Control

Each member of an SMSF should implement and review a personal succession plan suitable for their individual circumstances. It is the only way to ensure that the right people receive the intended proportion of SMSF assets at the right time, and that the right people maintain control.  This session looks at the key issues involved, including:

  • Control of SMSFs – what is at risk?
  • Payment of super death benefits: options:
    • at the trustee’s discretion
    • by reversionary pension
    • by BDBN
  • Managing the transfer of control of the fund trustee and complying with section 17A of the SISA:
    • why a corporate trustee is important
    • who should hold the shares and does it matter
    • managing control when a director/trustee loses capacity
    • managing control when a director/member dies
  • Establishing an effective reversionary pension – key considerations:
    • the terms of the trust deed – what do you need?
    • the implications of commutation of the reversionary pension
    • blended family situations
  • Making and breaking BDBNs:
    • the legislative context – BDBNs in SISA
    • what you need in the deed
    • formal requirements – how are they determined
    • when will they be revoked
    • can an EPOA revoke or vary a BDBN?

Session 2 Case Studies

  • 45 minutes devoted to case studies on Succession Planning for SMSFs

Nathan Yii is the Principal Lawyer, Chartered Tax Advisor and an accredited SMSF Specialist AdvisorTM of the Melbourne based legal practice, Nathan Yii Lawyers.  He is a graduate of Melbourne Law School and holds a Bachelor of Commerce (Accounting), a Bachelor of Laws (Hons) and a Masters of Laws. 

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 also consults to family businesses and family offices of high net worth individuals around Australia. 

Nathan is a regular presenter in his areas of interest and expertise and regularly presents for organisations including Television Education Network and the Law Institute of Victoria.  He is also 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. 

Nathan was awarded the Tax Institute of Australia’s National Dux Award for CTA3 Advisory and the prestigious Justice Graham Hill Scholarship in 2017.  He was subsequently appointed as a member of the Education Quality Assurance Board for the Tax Institute’s higher education courses and CTA program. 

  • Maximum 24 Attendees
  • Six tables of 4 attendees
  • Two subjects – 1.5 hours each
    • 45 minute interactive presentation on each subject
    • 45 minute of case studies on each subject worked on in groups of four
  • Registration fee includes 15 minute post-workshop telephone consultation on or before 20 February 2019

If you register and pay by 19 October 2018 you will pay only $495a saving of $110 off the full price workshop registration fee of $605.

If you need assistance or have an enquiry, please do not hesitate to contact our Conference Coordinator, Jenna Pickrell on (03) 96702055 or email: jenna@tved.net.au
Product Code: METNOV18
 Price:   $495.00 (Inclusive of GST)
© 2018 Television Education Network Pty Ltd. All rights reserved. The program for this conference is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.