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Recorded Webinars

Recorded Webinar: Family Trust Vesting: A Bad Ending or a New Beginning?

An approaching vesting date can be a ticking time bomb for a discretionary family trust, resulting in significant capital gains tax and other financial liabilities. Practitioners involved in estate planning need to have the vesting date front of mind in providing advice, and this
PRESENTED BY Brian Hor Principal - WillWorks Pty Ltd , Sydney

Date/Time

About the Webinar

An approaching vesting date can be a ticking time bomb for a discretionary family trust, resulting in significant capital gains tax and other financial liabilities. Practitioners involved in estate planning need to have the vesting date front of mind in providing advice, and this session will examine the options to provide greater certainty for trust continuity, including:

  • Process for extending a trust vesting date
  • Powers of variation in the trust deed and what to do if they are insufficient
  • Trusts with no clear date or perpetuity period – what next?
  • Can a trust vesting date be extended retrospectively?
  • Can beneficiaries join together to seek an extension of a trust deed’s vesting date?
  • Will the amendment trigger a trust resettlement and what are the implications of that?
  • The implications of extending the vesting date on TR 2018/16
  • Proactive steps estate planners need to take in relation to trust vesting dates
  • How long is too long? Practical considerations for trust life spand
  • Cases including Application by Perenna Nominees Pty Ltd [2022] VSC 193; McGowan and Valenti Trusts [2021] VSC 154; Cisera v Cisera Holdings [2018] NSWCA 286; Application of Country Road Services Pty Ltd (in the matter of Browne Family Trust) [2019] NSWSC 779

Presented By

Brian Hor
Principal, WillWorks Pty Ltd Sydney, NSW

Brian Hor is an Expert Wills & Estate Planning Lawyer, and is the Principal of specialist firm WillWorks Pty Ltd. He specialises in taxation law, trusts, superannuation and estate planning. Brian's extensive experience of more than 36 years includes ten years as Special Counsel (Superannuation & Estate Planning) with Townsends Lawyers and three years as a Partner with PwC and establishing their estate planning practice nationally. Brian has also served on ATO and FPA technical committees, and was Chairman of the FPA Tax Subcommittee and Member of the FPA Public Policy Committee for 7 years.

Brian has authored numerous taxation and estate planning articles and contributed extensively to CCH, LexisNexis and other online professional publications. Brian has also presented at numerous professional seminars and webinars including for The Taxation Institute, the FPA, Television Education Network, LexisNexis, NSW State Legal Conferences, and The College of Law. Brian has also been interviewed by the Sydney Morning Herald, the Australian Financial Review, and has appeared several times on live TV as an expert guest on Sky News Business and on the Studio 10 morning talk show.

Who Should Attend?

This webinar is suitable for lawyers and accountants throughout Australia who advise in estate planning matters. 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 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 – 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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