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Recorded Webinars

Recorded Webinar: Avoiding a World of Hurt: Structuring a Testamentary Trust to Minimise Future Risk

A properly structured testamentary trust can be an effective mechanism for a family estate plan. Get it wrong, however, and everyone (including the adviser!) may be in for a world of hurt. There are many factors to consider and balance when advising clients in relation to the best

Date/Time

About the Webinar

A properly structured testamentary trust can be an effective mechanism for a family estate plan. Get it wrong, however, and everyone (including the adviser!) may be in for a world of hurt. There are many factors to consider and balance when advising clients in relation to the best structure for their testamentary trust. To assist estate planners, this practical session will explore:

  • When is a testamentary trust an appropriate arrangement and why have one?
  • When is a capital reserved trust appropriate?
  • Key clauses in testamentary trust deeds:
  • What powers do appointors need to properly discharge their duties?
  • What mechanisms need to be in the trust deed to change the appointor or trustee?
  • Determining levels of decision-making and consents required
  • Examples of different levels of trust control and consequential outcomes
  • Taxation and other financial considerations in testamentary trusts
  • Tales from the courts on testamentary trust failures

Presented By

Bryan Mitchell
Principal, Mitchells Solicitors Brisbane, QLD

Bryan Mitchell TEP FTI is the managing director of Mitchells Solicitors. He is an Accredited Specialist in Succession Law. Bryan & his firm are recognised in Doyle’s Guide as leaders in Estate Planning and Estate Litigation in Australia. His practice works almost exclusively in the areas of Wills, Estates, Trusts & Elder Law. Bryan is a regular presenter. He is the recipient of the Society of Trust & Estates (“STEP”) Australia Masters Award 2023; immediate past Chair of STEP Australia; former Chair of STEP Queensland; Deputy Chair for the Queensland Law Society (“QLS”) Succession Law Policy Committee; Deputy Chair of the QLS Succession Law Specialist Accreditation Advisory Committee and member of University of Queensland Law School Advisory Board.

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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