Recorded Webinar: Structuring Testamentary Trusts: Getting it Right the First Time

There are many factors to carefully balance when advising clients in relation to the best structure for their testamentary trusts. Unfortunately, this can be a process that is often rushed or not documented properly, leading to significant and expensive problems down the track, particularly if the problems are discovered only after the testator has lost testamentary capacity. This session will assist advisers to ‘get it right the first time’ when choosing and structuring testamentary trusts for their clients. In particular, this session will explore:

• What advisers should consider when structuring testamentary trusts including drafting tips as to whether testamentary trusts is mandatory under will vs optional, when it may be preferable to establish cascading testamentary trusts (and how)
• Issues which arise specifically to intergenerational testamentary trusts:
  • Trusts to benefit grandchildren
  • Effective control mechanisms to manage the passing of control across generations
  • Tips for managing which family members have control
  • Dealing with superannuation proceeds
• What good governance may look like when dealing with the passing of control in intergenerational testamentary trusts
• Practical case studies