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Recorded Webinars

Recorded Webinar: Updating Trusts Without Resettlement: Avoiding Costly Mistakes

Given the 80-year maximum lifespan of trusts (outside South Australia), there is often a need to make amendments or changes to a trust to reflect new circumstances. This session considers the options available for updating trusts without risk of resettlement, and includes the foll
PRESENTED BY Michael Butler Tax and Revenue Partner - Finlaysons , Adelaide

Date/Time

About the Webinar

Given the 80-year maximum lifespan of trusts (outside South Australia), there is often a need to make amendments or changes to a trust to reflect new circumstances. This session considers the options available for updating trusts without risk of resettlement, and includes the following:

  • Does the trust deed give the power to amend?
  • Amending the power to amend – can this be done? What is required?
    • where the trust deed requires the appointor or settlor to consent to amendment, can they consent to remove their own power?
    • seeking amendment of trust deed by Supreme Court
  • Is trust splitting still available in light of TD 2019/14?
    • other ways to enable intergenerational transfer without resettlement
  • Where there is no power to amend - managing control of a trust through constitution of trustee company

Presented By

Michael Butler
Tax and Revenue Partner, Finlaysons Adelaide, SA

Michael Butler is a Tax & Revenue Partner at Finlaysons Lawyers in Adelaide.

Michael has spent over 35 years working solely in taxation law – he is a true specialist in his field.  His deep experience in tax law means he can provide advice that considers each client’s unique situation and suggest tax-effective options and solutions to help clients achieve their commercial goals. 

Michael’s expertise at state, federal and international levels includes income tax, capital gains tax, GST, Wine Equalization Tax (WET), fuel tax credits and carbon tax, as well as stamp duty, payroll tax and land tax.  Michael also has extensive experience advising on international taxation matters, including Australian taxpayers investing and carrying on business offshore.

Michael's expertise is acknowledged in Best Lawyers Australia 2022 for Tax Law, Superannuation Law, Trusts & Estates, and Wealth Management/Succession Planning Practices; including as 2022 Lawyer of the Year in Trusts & Estates.

Michael has been also listed in Doyle’s Guide as a Pre-eminent SA Tax Lawyer, with Finlaysons listed as a First Tier SA Tax Law Firm.

Who Should Attend?

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

CPD Information

Accountants can claim up to 1 CPD/Training hour. FASEA – category “Technical Competence” – 1 hour. 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 – From April 1 st 2021, due to the new requirements we are unable to verify your completion of recorded webinars to the Legal Practice Board of WA.

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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