Reversionary Pensions

Reversionary Pensions from dead husband – do they count towards your $1.6m pension? Reversionary pensions allow your spouse’s super to remain in super after they die – but there are problems. You can have more than $1.6m in your Superannuation fund....

SMSF vs 3-Generation Testamentary Trust

SMSF vs Testamentary Trust ‘No longer is Super a tax haven or an Estate Planning tool – it is only for your retirement.’ Canberra speaks Super ‘loop-holes’ closed On 1 July 2016, the Liberals successfully passed legislation to make it...

Garden leave in Employment Contract

Ron Dennis vs McLaren F1 team Ron Dennis and the McLaren F1 team had a fight. Even the world of Formula 1 is not protected from the clutches of employment law. It’s a perfect example of Garden leave. What is garden leave? ‘Gardening leave is a colloquial...

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 the much sought-after Concession Card. All good. But then, Mary’s mother dies. Mum’s Will leaves everything to Mary. The inheritance...

Mum dies, baby pays 66% tax

Parent dies leaving children under 18 – use of Post-Death Testamentary Trust In a perfect world, you build a 3-Generation Testamentary Trust in your Will. When you die, your Estate is tax-free for 80 years. A 3-Generation Testamentary Trust washes out the...

Lost Family Trust Deed – can you replace it?

Lost Family Trust Deed – can I replace it? Is a lost family trust deed a bad situation? What is worse? losing your property Title Deeds; losing your Company Constitution, or losing your family trust Deed For a few thousand dollars and an advertisement, we can replace...

Art in SMSF – insurance & store in office premises

Art in SMSF is not a problem. However, every Self-Managed Super Fund, as part of its Investment Strategy and Product Disclosure Statement, must consider whether insurance on the fund’s assets is desirable or prudent. There is less than $500m of collectables...