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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.

Charity v Son – Dad’s Will challenged

Dead Zopito Di Cesare left everything to charity. His son, Ivano Ferrante filed 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 rewrite the Will . However, the son…

Stop Will challenges with a Considered Person Clause

Courts are reluctant to interfere with your Will . However, legislation exists in all Australian States and Territories: Certain people apply to the court for ' provision '. Or if they get something in the Will, they seek a ' further provision '. This is from…

How to remove evil and dead Trustees 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 operational expenses among up to six…

Asset Protection strategies

Asset protection is a lifetime pursuit. Asset protection is an ongoing journey. If you are truly ready to start the journey your life changes. Everything you do is tested against the best practice of asset protection. Work through this information. You or…

The most tax effective Business Structures

These are the building blocks of a business structure: company - in trade in its own right company - as trustee of a family trust company - as trustee of a unit trust family trust - where there is just mum and dad unit trust or partnership of family trusts -…

Estate Planning Manual - escape death taxes, bankruptcy & divorce

When you die, your family’s inheritance is exposed to tax, Centrelink, bankruptcy, relationship breakdowns and government interference. Working with your accountant and financial planner, Estate Planning ensures that your estate goes to those you care about,…

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’.…