View Legal Webinar Program 2015 · View Legal Webinar Program 2015 GPO Box 681, Brisbane Q 4001 • 1300 843 900 • [email protected] • viewlegal.com.au MAY 2015 FAILED TRUST

View Legal Webinar Program 2015

MARCH 2015ESTATE PLANNING AND ASSET PROTECTIONFocusing on estate planning issues that need to be considered to ensure assets are protected from family disputes, including spendthrift beneficiaries and creditors, this presentation will explore:

1 asset protection strategies that can be implemented during a testator’s lifetime;

2 the flow-through effect of those strategies under an estate plan; and

3 the latest asset protection strategies in family law situations.

APRIL 2015SUPERANNUATION AND ESTATE PLANNING – MASTER CLASSLeveraging off a raft of questions raised with us in recent months by advisers from across Australia, this in-depth ‘Master Class’ presentation will explore in detail a range of issues including:

1 recent cases regarding death benefit nominations;

2 strategies for death benefit nominations, reversionary pensions and superannuation wills;

3 approaches for aligning superannuation entitlements with wider estate plans; and

4 the impact of adjacent areas of the law including enduring powers of attorney, marriage breakdowns and the ‘notional estate’ provisions that can apply where wills are challenged.

The View Legal webinar program for 2015 is as follows:

GPO Box 681, Brisbane Q 4001 • 1300 843 900 • [email protected] • viewlegal.com.au

DATE TOPIC PRESENTER COST

25 February 2015 How to access market leading legal advice … for less than $1 a week [VIP launch]

Paul Dunn, Tara Lucke and Matthew Burgess

*free event

25 March 2015 Estate planning and asset protection Patrick Ellwood and Matthew Burgess

Go to our online store for full details

29 April 2015 Superannuation and estate planning – Master Class Patrick Ellwood and Matthew Burgess


20 May 2015 Failed trust distributions Patrick Ellwood and Matthew Burgess


16 July 2015 Rollovers and corporate reconstructions Patrick Ellwood and Matthew Burgess

* free event

18 August 2015 Testamentary trusts – bespoke planning strategies Tara Lucke and Patrick Ellwood


8 October 2015 Bust proofing trusts Patrick Ellwood and Matthew Burgess


17 November 2015 Enduring powers of attorney and guardianship – everything you need to know

Tara Lucke and Patrick Ellwood

*free event



MAY 2015FAILED TRUST DISTRIBUTIONS The range of issues that can potentially undermine the intentions of a trustee when attempting to make trust distributions is almost limitless.

As another 30 June approaches this presentation will methodically address all of the key scenarios that may see purported distributions fail, including:

1 understanding the way in which beneficiaries are defined;

2 notional settlor implications;

3 trust to trust distributions and perpetuity rules; and

4 implications of failed distributions.

JULY 2015ROLLOVERS AND CORPORATE RECONSTRUCTIONS This interactive presentation will centre around a particular case study, and will:

1 consider the asset protection, tax and commercial issues with the structure in the case study;

2 provide specific restructure recommendations for achieving optimal asset protection and tax effectiveness;

3 analyse specific capital gains tax roll-overs and Division 152 concessions;

4 explore the way in which stamp duty corporate reconstruction relief can assist; and

5 discuss the use of tax consolidated groups in the SME environment.

AUGUST 2015TESTAMENTARY TRUSTS – BESPOKE PLANNING STRATEGIESThe ongoing evolution of all aspects of estate planning has increasingly seen more creative uses of testamentary trusts. This presentation will explore a range of planning opportunities for testamentary trusts including:

1 planning in relation to assets that do not otherwise form part of a will maker’s estate;

2 tax treatment of each asset class owned via a testamentary trust;

3 the attitude of the Australian Taxation Office towards testamentary trusts and various planning strategies;

4 testamentary trust cloning and splitting;

5 bespoke company constitutions and fettering of a trustee’s discretion; and

6 changing the domicile of a testamentary trust.

OCTOBER 2015BUST PROOFING TRUSTSLongstanding views about the form and level of asset protection afforded by trusts have been challenged and made less certain by a number of recent court decisions and legislative changes.

This presentation will explore the key issues to consider when seeking to “bust-proof” a trust, including:

1 minimising challenges on taxation grounds;

2 the consequences of recent family court decisions involving trusts;



3 practical recommendations when dealing with structuring new trusts;

4 the ongoing impact of the decision in the Richstar case in 2006;

5 relevant bankruptcy issues; and

6 the critical issues to consider whenever establishing or amending a trust deed.

NOVEMBER 2015ENDURING POWERS OF ATTORNEY AND GUARDIANSHIP – EVERYTHING YOU NEED TO KNOWArguably, one of the most contentious areas of estate planning relates to enduring powers of attorney and guardianship.

There are an array of issues that must be taken into account in relation to appointing attorneys and guardians.

In this free 60-minute presentation, we will explore some of the key things that advisers must address, including:

1 how to structure the appointment of more than one attorney;

2 the interrelationship between attorneys, enduring attorneys, guardians, executors and binding death benefit nominations;

3 the interplay of these arrangements across state and international borders;

4 the role of state government departments; and

5 the implications of recent court decisions, including the high court’s decision in Stanford.

OUR 2014 PROGRAM1 Superannuation and estate planning

2 Estate planning – what’s new in 2014

3 Are you ready for 30 June?

4 Testamentary trusts – the fundamentals

5 Everything you need to know about trust splitting and trust cloning

6 Introduction to tax rollovers and corporate reconstructions

7 Testamentary trusts – key revenue issues

The first 2 webinars can be viewed for free via our website and the remaining webinars can be purchased from our online store – see the ‘learn’ tab and ‘recorded webinars’ link at http://viewlegal.com.au/

The above summary is based on the law as at 1 January 2015. This summary covers legal issues in a general way. It is intended for information purposes only and should not be regarded as legal advice. View Legal does not assume a duty of care in connection with this document and further advice should be obtained before taking action on any issue mentioned.



2015

ADDITIONAL TOPICS A list of some of the additional potential future topics are as follows:

1 Insurance funded business succession.

2 SMSF trust deed master class.

3 SMSFs and asset protection.

4 Post-death testamentary trusts.

5 Fixed trusts and unit trusts – is there a difference?

6 Recruiting and retaining a Gen Y team.

7 Family law vs. family trusts – who wins?

8 Asset protection fundamentals.

9 Estate planning case study.

10 The value pricing journey.

11 Estate administration – how to monetise your offering?

12 Building a virtual firm.

13 Informal contractual agreements – everything that you need to know.

14 Leveraging an international support team.

15 Director’s duties – the essentials.

16 Reviewing trusts deeds – the 20 things you need to know.

17 The why, how and what of the View app collection.

18 Estate planning for blended families.

19 15 most popular blog posts explained.

20 Shareholder agreements – the fundamentals explained.

21 Joint venture agreements – the fundamentals explained.

22 How the notional estate rules work.

23 What happens when a trust vests.

24 Estate planning 201# - an update.

25 Bespoke trustee constitutions.

26 Family constitutions and family councils.

27 Restructuring testamentary trusts.

28 Binding death benefit nominations – Master Class.

29 The rise and rise of the GST estate planning strategy (Generation Skipping Trusts).

30 Estate planning and second (and third and fourth) spouses.

31 Handing on the farm – estate planning for agribusiness families.

32 Restructuring to make a business ‘deal ready’.

33 CGT Small business concessions case studies.

34 Asset protection and the PPSR – everything you need to know.



35 Partnership disputes – recent case studies.

36 The Rinehart Saga – a lesson in estate planning.

37 7 of the most important estate planning cases explained.

38 Turning trusts into companies – how it can be done.

39 Trust resettlements – Master Class.

40 Occupancy shares – the perfect property development structure ?

41 Division 7a – everything you need to know.

42 Division 7a and UPEs – where are we at ?

43 Commercial debt forgiveness and asset protection – the key rules.

44 Planning opportunities and the overlooked taxes – land tax, registration fees, payroll tax and more.

45 Court ordered wills – every leading case explained.

46 Challenging deceased estates – the basics explored.

47 45 different trust structures explained in 90 minutes.

48 ATO access to family court documents – where are we at.

49 ‘But we can’t find the trust deed’ …. Your questions answered.

50 The rights of trust beneficiaries – what trustees need to know.

Documents

View Legal Webinar Program 2015 · View Legal Webinar Program 2015 GPO Box 681, Brisbane Q 4001 • 1300 843 900 • [email protected] • viewlegal.com.au MAY 2015 FAILED TRUST