Update SMSF without damaging old right and preserve advantages

Modernise your SMSF without damaging old rights An SMSF Deed goes stale. Superannuation law changes. ATO practice changes. Banks change their requirements. Pension rules change. Death benefit law becomes more contested. A deed that worked 6 or 8 years ago may now be...

How to Issue Company Shares to a Child

Many parents want to include their children in wealth creation. But Australian corporate law is strict. If you are setting up an Australian Pty Ltd company on Legal Consolidated’s website, you might want to issue shares to an underage child. You must do this...

Different classes of shares in a company constitution

Different classes of company shares in Australia: why share rights matter A company share is a bundle of rights. Those rights decide who: votes receives dividends gets back capital gets notices attends meetings participates if the company is wound up This is why the...

Forgiving a Company Debt to Get the Centrelink Age Pension

Forgive the money your company owes you to get Centrelink You are the sole shareholder of a private company. You are also the sole director. Over many years, you lent your company money. The company used the money in its business. The company now has no cash. It has...

Can my Will make my child get a divorce? Conditional gifts

Can a Will clause force my child to divorce? The Public Policy Rule No. A Will is not a remote control. You cannot use it to control your child’s marriage from the grave. But you can protect your estate. That is the difference. Many Will makers ask the wrong question....

Can I gift company assets in my Will?

No. But you can gift the shares. Here is an example: Dad owns all the shares in BeachCo Pty Ltd. BeachCo owns the holiday home. Around the kitchen table, everyone calls it ‘Dad’s holiday home’. Dad pays the bills. Dad books the repairs. Dad tells the children when...