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PRUDENCE — Sagacity. Wisdom. Protection.

Legal Consolidated publishes PRUDENCE each week. It is emailed to accountants & financial planners. But anyone can join the free mailing list.

SMSF vs 3-Generation Testamentary Trust

On 1 July 2016, the Liberals successfully passed legislation to make it harder to get wealth into Super - and then harder to get it out! This attacks both the tax breaks and Super as an Estate Planning tool. This is the SMSF vs Testamentary Trust debate. This…

Garden leave in Employment Contract

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. 'Gardening leave is a colloquial term. It is when an employer insists that an employee…

Can I refuse an inheritance and keep my Centrelink Age Pension?

Take Mary as an example. Mary’s financial planner works hard to preserve her small Age Pension and the valuable Pensioner Concession Card. Mary’s mother dies and leaves the estate to Mary. Centrelink does not wait for Mary to transfer the assets into her name…

Lost Family Trust Deed – can you 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 your Title Deeds. For a few…

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…

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 it appears that clients are losing confidence…