Abandon a gift in a Will to keep the pension?

Abandon a gift in a Will to keep the pension? The Financial Planner carefully structures Mary’s affairs. Mary receives a $1 pension and a Concession Card. But then, Mary’s mother dies. Mum’s Will leaves everything to Mary. The inheritance costs Mary her $1 pension and...

Are Family Trusts replacing Self-Managed Super funds?

Are Family Trusts replacing Self-Managed Super funds? We are seeing a renewed interest from professionals for Family Trusts. Family Trusts built on our website have surged 38% in the last 12 weeks. Conversely, SMSFs have dropped by 23%. On speaking with professionals...

Charity v Son – Dad’s Will challenged

  Charity v Son – Dad’s Will challenged Dead Zopito Di Cesare left everything to charity. His son, Ivano Ferrante files a Supreme Court writ against the charities.  Usually, a son argues that he was not getting enough out of his Dad’s Will and asks the court to...

How to remove evil and dead Trustees from your SMSF

Removing Trustees and Members from your SMSF   There are compelling reasons to share your Self-Managed Superannuation Fund (SMSF) with others, such as your spouse, children, in-laws, and business partners. Given that SMSFs can be costly to manage, distributing the...

Drafting Div 7A Loans – ATO’s 4 concerns

The ATO has just audited my new client’s Div 7A agreement. It did not go well. Many Div 7A Loan agreements are not ‘commercial’ and therefore not valid based on 4 common drafting errors: The Div 7A Loan must be signed as a ‘Deed’ not as an ‘agreement’....