Although death and taxes are the main certainties in life, there are ways to structure-property holdings and transfer for maximum benefit after death, as well as take steps to manage disputes over an inheritance to achieve better outcomes for the parties involved.  Even to protect those assets from potential matrimonial litigation.

There are a number of ways to achieve family harmony and at the same time legitimately hold back some of the estate funds from government coffers.

  • The use of a testamentary trust – the pros and cons
  • Who has control of the trust?
  • Distributions to minor beneficiaries – what happens and understand the recent changes
  • Stamp duty and capital gains tax on the transfer of assets into a testamentary trust
  • Distribution of income from property assets – tax treatment
  • Trust winding up and sale of assets – tax and duty implications
  • Real estate in a SMSF – binding death benefits and potential taxation liability
  • Real property transferred under the terms of a will – capital gains tax liability
  • Will disputes – factoring in tax implications into mediation and settlement outcomes
  • Deeds of family arrangement – applicable duty under the Duties Act 1997
  • The benefit of a partition under section 30 of the Duties Act 1997 over a deed of family arrangement
  • Income tax liability of the LPR of a deceased person
  • Special disability trusts:
    • advantages and disadvantages
    • requirements
  • De facto testamentary trusts:
    • advantages and disadvantages
    • requirements
Testamentary Trust