Hidden Hazards: Trusts and Family Loans in the Estate Plan – estate planning Power Pair of recorded webinars

This Power Pair comprises 2 of our most popular estate planning webinars from the past year.

Webinar 1:  Existing Inter Vivos Trusts and the Estate Planning Glitches

One way of looking at it is that an existing trust will continue to exist on the death of a trustee intrinsically involved in the trust’s operations. However, does this way of thinking assist with ensuring the trust continues on in the most tax effective manner? This session looks at some of the proactive actions that can be addressed in the estate plan, to assist with ensuring tax headaches are kept to a minimum when a change of trustee representation on death occurs, including:

• A heads up on the family trust election issues that are arising on the death of a test individual
• Is now a good time to modernise the trust deed for:
  • variation powers?
  • beneficiary inclusions/exclusions?
  • streaming?
  • income definitions?
  • Division 7A purposes, including sub-trust arrangements?
• Tax issues to consider if varying a trust deed (incl. TD 2012/21)
• Carving out the tax work between the correct professionals when dealing with proactive trust law issues and their tax consequences
• A checklist of housekeeping items to assist with addressing the tax aspects of estate planning involving existing trusts, including:
  • the treatment of unpaid present entitlements and loan balances
  • a list of trust documentation that should be on hand
  • pending vesting date issues

Webinar 2:  Factoring Parental Loans into the Estate Plan

Parents are increasingly putting their hand in their pocket to assist their children as the price of houses rises and the economy experiences a downturn. The formalisation of this arrangement is essential in the context of asset protection and estate planning. This session will examine what needs to be included in a parent/child loan agreement and how to factor in existing loans on the death of the lender, including:

• Gift or loan and legal presumptions
• Drafting a loan agreement - key clauses
• Repayments and other terms
• Should the lender take security?
• Taxation and other financial considerations
• Treatment of parent to child loan agreements by the family and civil courts
• Factoring loan agreements into estate planning
• The consequences of the death of the lender
• Record keeping and other tips

SPECIAL PURCHASE OFFER – THE APRIL ADVANTAGE

This pair of recorded webinars would usually cost $539, but as part of The April Advantage Offer you can buy the pair for only $330 if you order by 30.4.25.