Trust Succession and Trustee Warfare – Estate Planning Power Pair of recorded webinars

This Power Pair comprises 2 of our most popular estate planning webinars from the past few months.

Webinar 1: Why Wills Fail, and Deeds Succeed in Trust Succession Planning

While many controllers of trusts assume their will can handle successor appointments, using testamentary nominations for trust succession gives rises to legal issues that can leave trust assets in limbo. In this session, we will explore the role of dedicated trust succession deeds, including:

• How trust deed control structures, and not testamentary documents, determine succession.
• How the appointor role represents the true control mechanism for discretionary trusts.
• Why will nominations fail and the fatal flaws of testamentary trust succession.
• Avoiding exposure of sensitive succession plans to banks, the ATO, land titles offices, and other third parties.
• When to use dedicated trust deeds with trigger events for flexible, revocable, and private succession planning.
• How to implement mechanisms to ensure specific distributions occur on death while maintaining trust flexibility and tax advantages.
• Managing complex succession structures with multiple appointors.
• Practical case study

Webinar 2: When Family Trusts Turn Toxic: Trustee Duties, Distribution Disasters, and Removal Remedies

The decision in Owies v JJE Nominees, alongside a wave of other recent decisions, serve as a cautionary tale about what happens when family dysfunction meets poor trust administration. This session will examine the essential duties trustees owe to all beneficiaries and the consequences of failing to meet these obligations, including:

• The "real and genuine consideration"
• Pattern evidence of trustee failures
• Information gathering obligations
• The distinction between void and voidable distributions
• Trustee independence requirements
• Removal of trustees in practice
• Practical risk management strategies

SPECIAL PURCHASE OFFER – EOFY SALE

This pair of recorded webinars would usually cost $539, but as part of TEN’s EOFY sale you can buy the pair for only $330 if you order by 30.6.26.