Recorded Webinar: Allan Swan's Estate Planning - Five Burning Issues

Allan Swan delivers his quarterly estate planning briefing – a must for all estate planning practitioners.

1. Non-residency

• Non-resident executors – income tax CGT
• Non-resident beneficiaries testamentary trusts – income tax CGT
• Drafting testamentary trusts for non-residents
• Implications of foreign person vacancy fee rules
• Amending trust terms to place trust outside FPVC rules
• SMSFs with non-resident members
• SMSFs with non-member management control

2. Refundable accommodation deposits

• Requirement for personal payment by resident
• Loan agreements funding RADs for life tenants relatives

3. Anticipating domestic relationship claims

• Changing rights of domestic partners under intestacy rules
• Assets out of family provision challenge reach – NSW
• Assets out of family provision challenge reach – ex NSW
• Statutory Will applications
• Family law proceedings commenced pre death

4. Confining testamentary trust beneficiaries to just descendants

• Drafting considerations, eg amendment clause, secondary companies trusts
• Degree of effectiveness for family law purposes
• Adverse income tax consequences, eg loss of splitting of income

5. Financial powers of attorney

• Power to view Wills
• Retention of specific assets
• Ongoing financial support of grandchildren adult children
• Binding death benefit nominations
• Capital distributions from family trusts