Estate Planning Sealing the Cracks
Estate Planning Sealing the Cracks
2 CPD Units in Professional Skills
Presenter: Allan Swan - Estate Planning Equation - Preventative Law

Too often, an individual’s estate planning can be incomplete & does not reflect the objectives & circumstances of the estate planner. Cracks that ought to be filled, but too often are left to chance include:

Family trusts
• Unexpected provisions in trust deed, eg early vesting of trust
• Interplay between trust deed & Wills
• Succession of appointors & of directors or trustees

Tools to Fill the Gap
• Adjustment clauses in Wills
• Amendment of trust deed re control
• Co-administration agreements
• Forward distribution resolutions
• Case Study 1

• Control of entitlements in industry & retail funds post death
• Control of SMSFs post death
• Cascading binding death benefit nominations
• Case Study 2

Further Potential Gaps
• Family law claims on intended beneficiaries
• Bankruptcy of intended beneficiaries
• Life interests & capital reserved trusts
• Special disability trusts
• Health care card eligibility for intended beneficiaries

Challenge risk – asset protection strategies
• Domestic partner ownership
• Use of home equity trusts – avoiding triggering CGT events & dutiable transactions
• Use of capital reserved trusts
• NSW v rest of Australia
• Case Study 3

About the Presenter:
Allan Swan works with private clients and their accountants, financial advisors and legal practitioners relating to the legal aspects of the following areas of Preventative Law, namely:
• Asset Protection
• Deceased Estate Taxation
• Dispute Prevention
• Estate Planning
• Preventative Law Strategy
• Special Disability & Protective Trusts
• Structuring
• Superannuation
• Tax Considerations
• Testamentary & Family Trusts
Allan also provides practitioner training and speaking services in the above areas, is an adjunct lecturer in the College of Law’s applied law master’s program, an instructor for the Leo Cussen Centre for Law, the Law Institute of Victoria, CPA Australia and other professional bodies. Allan is accredited as a STEP Trust and Estate Practitioner.
Allan holds degrees in Law and Economics and a Graduate Diploma in Financial Services.

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