Use a law firm’s website to update SMSF Deeds You would have thought it was straightforward to change the Trustee of a Self-Managed Superannuation Fund. Not so you if you read Moss Super Pty Ltd v Hayne [2008] VSC 158. A member died. The surviving member tried...
Family Trust v Family Court As tax lawyers, Legal Consolidated structures clients’ affairs to legally reduce tax burdens. We are also asked to: consider asset protection if you or your business goes bankrupt or insolvent draft 3-Generation Testamentary Trust...
Daughter charged with Elder Abuse James Ash is in his mid-70s.[1] Living in a Victorian nursing home, he suffers from Parkinson’s disease. Before losing mental capacity, he appoints his daughter, Vanessa, as his Power of Attorney. Vanessa is a financial planner and...
Everett’s assignments do not work. Instead, consider a Service Trust to overcome the Personal Service Income rules. Escape Personal Service Income rules (PSI) with a Service Trust Agreement Because of Personal Service Income rules (PSI) it is hard for professionals...
How to Extend the Vesting Date of a Family Trust in Australia Most Australian trusts, at some point, must vest. The trust must end after 80 years. This is based on ancient English law. The government does not want a trust to go on forever. This is because it may end...
The songwriter Richard Clapton, in 1975, warned: Girls on the avenue, they’re trying to get you in, Strolling by with their rosebud smiles. Sadly, Mr Sha didn’t heed such advice. While living with his wife, in Melbourne, Mr Sha engaged the services...
POAs and SMSFs To operate a complying Australian Self-Managed Superannuation Fund, you must usually: 1. live in Australia; and 2. be of sound mind. 1. Leave Australia: Your Self-Managed Superannuation Fund must satisfy several residency tests. One of those tests is...
‘Life Estates’ do not work. Life estates in Wills are bad for tax. A ‘Right to reside’ is no better. A Life Estate (including under a Will) is an asset with two owners: Life Tenant – this person has the exclusive right to live and make a...