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Estate and Succession Planning Series - Part 2: Testamentary Trusts

Published on 09 Nov 2020 | Took place at Online, National

This session covered:

  • Reasons for using Testamentary Trusts – asset protection and taxation benefits
  • testamentary trust integrity and anti-avoidance measures including the ATO’s position on borrowing by the testamentary trust
  • changes to Division 6AA of the ITAA 1936 and its impact on the administration of testamentary trusts
  • dealing with main residences in Testamentary Trusts including the right to occupy and the acquisition of a new residence
  • how to ensure superannuation death benefits obtain concessional tax treatment
  • alternatives to testamentary trusts – leaving assets to a discretionary trust or an individual.

Individual sessions

Testamentary trusts

Author(s):  Daniel SMEDLEY

This paper covers:

  • what is a testamentary trust?
  • reasons for testamentary trusts – asset protection
  • reasons for testamentary trusts – taxation benefits
  • other factors.

 

Materials from this session: