What is a Testamentary Trust?

How does a Testamentary Trust work? A Testamentary Trust is a Trust that is set up in your Will to look after your loved ones after you are gone. A Testamentary Trust comes into effect after you die. The way a Testamentary Trust works is that you set up a Trust in your Will with […]

How to avoid inheritance tax with a trust

How to avoid inheritance tax with a Trust Inheritance Tax (or ‘death duties‘) doesn’t exist in Australia. But an inheritance can affect other things, including capital gains tax, Centrelink benefits and income tax. That’s why it can be good to set up a Trust for your beneficiaries. The money will not actually form part of […]

Estate planning for disabled beneficiaries

How to create a testamentary trust for a disabled child “I am the single parent of a child with severe disabilities. What can I do in relation to providing for them in my Will? I want to ensure that they are properly taken care of when I am no longer able to.” You are not […]

What Is Estate Planning and Why It Is Important

woman signing on white printer paper beside woman about to touch the documents

What Is Estate Planning and Why It Is Important Estate planning is the process of working out the best way to structure your personal and financial affairs while you are alive so that you are looked after during your lifetime. It’s also the process of ensuring your personal possessions and financial assets are distributed the […]

The Difference Between Testamentary and Discretionary Trusts

Testamentary Trust vs. Discretionary Trust – What’s the difference? What is the difference between Testamentary and Discretionary Trusts? A Testamentary Trust comes into effect when you die. But a Discretionary Trust allows the Trustee to make decisions about your estate at any time. What is a “Trust”? A Trust is a legal arrangement where you […]

What is The Guardianship Tribunal NSW?

What is The Guardianship Tribunal NSW? (Guardianship Division NCAT) ​The Guardianship Tribunal NSW (or Guardianship Division NCAT) determines applications for adults ​who are incapable of making their own decisions and who may require a legally appointed substitute decision maker. This is called a “Guardian”. It’s important to choose an Enduring Power of Attorney in the […]

How do I protect my assets in a second marriage?

How do I protect my assets in a second marriage? “We each want to provide for our own children” I am Remarried and Want To Protect My Children’s Inheritance With well over a third of relationships failing, there are more single people seeking to re-partner, whether it be in a marriage or a de facto […]

FAQ: Trust Funds and Retirement Homes

Looking to the future! “Is it a good idea to have a Trust Fund? My mother is going to have to sell her home to go into care facilities – Is it correct that if the money is put into Trust it can’t be accessed by the Care Home to pay for her facilities?” With […]

“When I die, will my kids have to move into a new house?”

“When I die, will my kids have to move into a new house?” “I don’t want the kids to have to move” Protecting Your Childrens Inheritance – Many parents are concerned that if they die they do not want the family to have to move – they believe that the death will be traumatic enough […]