Who Gets What and Who’s in Charge – succession law drafting Power Pair of recorded webinars

This Power Pair comprises 2 of our most popular succession law drafting webinars from the past year.

Webinar 1:  Changing of the Guard in the Estate Plan: Precision Drafting in Trust Appointments

In recent times the courts have been far more willing to critically assess and render invalid appointments made supposedly in accordance with the provisions of a trust deed. This usually has dire consequences for both officers and beneficiaries. This session will provide guidance on drafting effective appointment provisions in trusts, including:

• Appointing the appointor – defining role, responsibilities and powers
• What happens if the appointer dies or becomes incapable of acting? Drafting for succession
• Trustee selection and appointment processes
• What should be in a deed of retirement and appointment of a new trustee?
• Tips and traps in trust deed amendments and variations
• The consequences of non-compliance with the trust deed
• Recent cases and lessons from the courts

Webinar 2:  Balancing the Ledger: Drafting Equalisation Clauses in Wills

Good intentions are usually behind the desire of a will-maker to ensure that his or her beneficiaries receive equal distributions under the will, but this can be difficult to achieve and relies in part on clear and careful drafting. This session will examine the perils and pitfalls of drafting equalisation clauses, including:

• A background to “hotchpot” and tax equalisation clauses and trying to achieve the intention of the will-maker
• Why are they so complicated to draft?
• What assets and pre-death gifts or loans are usually considered in an equalisation clause?
• The valuation conundrum – what, when and how
• To what extent should tax liabilities of the beneficiaries be considered?
• How far can the clause be future-proofed in the event of changes in taxation and other relevant laws?
• Are there better ways to provide for fairness?
• Cases including Todd v Todd [2021] SASC 36; Craven, Ian Kenneth v Bradley, William Alfred (in his capacity as executor of the estate of Craven, Phyllis Margaret) [2021] VSC 344

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.