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Tax effective resolution of trust and estate disputes: Making the best of a bad situation paper


This paper covers:

  • the nature of a dispute in wealth distribution and the claims at hand
  • ownership structures including personally held, family trust and superannuation
  • the tax implications in dealing with estate and wealth disputes and not losing track of the tax bill
  • tax-effectively addressing estate disputes by agreement or court order – what’s the difference and what do they deal with?
  • Division 128 CGT Rollover and Victorian duty concessions on death and applying them in a dispute context
  • factoring in superannuation death benefits in the dispute and minimising death benefits tax; and
  • transferring control of family discretionary trusts without triggering tax
  • using tax planning as a bargaining tool in negotiating an outcome
  • remembering prevention is far better and cheaper than a cure.

Author profile

Nathan Yii CTA
Nathan Yii, CTA, is the Principal Lawyer, a Chartered Tax Adviser and an accredited SMSF Specialist Advisor™ of the Melbourne-based legal practice, Nathan Yii Lawyers. He is a graduate of Melbourne Law School and holds a Bachelor of Commerce (Accounting), a Bachelor of Laws (Hons) and a Master of Laws. Nathan is recognised in Doyles’ Guide as a leading lawyer - a Preeminent Wills, Estates & Succession Planning Lawyer and a Recommended Wills & Estates Litigation Lawyer in Victoria. Nathan takes a strategic approach to legal practice and focuses on tax-effective solutions, estate planning, asset protection, SMSF compliance and trusts, estates and SMSF disputes. He works with and consults to high net worth individuals, family offices, legal and non-legal professionals and their clients. Nathan is a regular presenter in his areas of interest and expertise, and regularly presents for organisations and practitioner discussion groups throughout Australia. He is also an adjunct lecturer and advisory committee board member for the Estate Planning Practice specialisation in the Master of Laws program at the College of Law. Nathan was awarded The Tax Institute’s national Dux Award for CTA3 Advisory and the prestigious Justice Graham Hill Scholarship in 2017. Nathan has also been appointed as a member of the Education Quality Assurance Board at The Tax Institute. - Current at 16 December 2020
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This was presented at VIC 8th Annual Tax Forum Online .

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