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Recorded Webinars

Recorded Webinar: Balancing the Ledger: Drafting Equalisation Clauses in Wills

Good intentions are usually behind the desire of a will-maker to ensure that his or her beneficiaries receive equal distributions under the will, but this can be difficult to achieve and relies in part on clear and careful drafting. This session will examine the perils and pitfall
PRESENTED BY Matthew Burgess Director - View Legal , Brisbane

Date/Time

About the Webinar

Good intentions are usually behind the desire of a will-maker to ensure that his or her beneficiaries receive equal distributions under the will, but this can be difficult to achieve and relies in part on clear and careful drafting. This session will examine the perils and pitfalls of drafting equalisation clauses, including:

  • A background to “hotchpot” and tax equalisation clauses and trying to achieve the intention of the will-maker
  • Why are they so complicated to draft?
  • What assets and pre-death gifts or loans are usually considered in an equalisation clause?
  • The valuation conundrum – what, when and how
  • To what extent should tax liabilities of the beneficiaries be considered?
  • How far can the clause be future-proofed in the event of changes in taxation and other relevant laws?
  • Are there better ways to provide for fairness?
  • Cases including Todd v Todd [2021] SASC 36; Craven, Ian Kenneth v Bradley, William Alfred (in his capacity as executor of the estate of Craven, Phyllis Margaret) [2021] VSC 344

Presented By

Matthew Burgess
Director, View Legal Brisbane, QLD

Matthew Burgess co-founded specialist firm View Legal in 2014, having been a lawyer and partner of one of Australia’s leading independent law firms for over 17 years. Matthew’s passion is helping clients successfully achieve their goals.

Matthew specialises in holistic estate planning (including trusts, tax, asset protection, structuring, business succession and superannuation). 

He has been recognised for many years in the ‘Best Lawyers’ list in relation to trusts and estates, and wealth management/succession planning and either personally or as part of View in Doyles’ in relation to taxation, and wills, estates and succession planning.

Who Should Attend?

This webinar is suitable for succession lawyers – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Lawyers can claim up to 1 CPD unit/point – substantive law. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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