If you are creating a testamentary or discretionary trust, you want to know it will operate smoothly long after you are gone. But what happens if the trustee you appoint loses the capacity to make decisions? Without the right safeguards, the trust you designed to...
Bucket vs Banker: How the right company structure can supercharge your family wealth strategy
Two strategic tools, the ‘bucket company’ and the ‘banker company’. Both strategies offer high-net-worth families a way to cap tax exposure, preserve capital, and support long-term intergenerational planning.
Probate delays: why it takes so long to finalise an estate
Probate can take months, sometimes years, to complete. Here’s why delays happen and how families and family businesses can prepare.
Should I involve my children in the control of my family trust?
Family trusts are one of the most common structures used by Australian families to hold investments, run businesses, and protect wealth. They are flexible, tax-effective, and - when managed carefully - provide a mechanism for long-term succession planning. Therefore,...
Excluded from a step-parent’s Will? What step-children should know in South Australia
When a parent dies and leaves everything to their spouse, many children choose not to contest the Will. Out of respect for their parent’s wishes, the grief involved, and the complexities of family life, they allow their step-parent to inherit everything. But years...
Being a director of a family farm: it’s more than a title
In Australian farming communities, family means everything. It's not unusual to see surnames etched into gates, signposts, and silos, each a tribute to generations of hard work. But behind the name on the gate, the way a business is legally structured can make or...
Can I sell property of a deceased estate before probate is granted?
You may be acting as the executor of a deceased estate or are otherwise involved as a beneficiary. Amongst the assets of the estate is real property and someone has told you: “Now’s the perfect time to sell!” But there’s a problem. Probate hasn’t been granted yet, and you’re not sure what you can and can’t do.
Building your business’s legal backbone: The key legal documents that will keep your business standing strong
Starting and running a business successfully requires more than just a great idea and a solid business plan; it also requires a strong legal foundation. Without key legal documents in place, even the most promising business can face unnecessary risks, disputes, or even shutdowns.
Letting a family member move in? Why the difference between a lease and a licence matters
You're not running a boarding house; you're simply letting your adult child, elderly parent, or cousin down on their luck live in a property you own. It feels awkward to ask them to sign anything. “We’ll just sort it out as we go”, you think. But then the questions...
Trust Distributions Summary – (Trust Distributions Guide Booklet Chapter 6)
Below is Chapter 6 of our ‘Trust Distributions Guide’ booklet. To read the other chapters of our booklet, click the links below: Chapter 1: Understanding the Nature of Trusts Chapter 2: Defining and Determining Trust Law Income Chapter 3: Making Effective...
Risk Management and Common Traps – (Trust Distributions Guide Chapter 5)
Below is Chapter 5 of our ‘Trust Distributions Guide’ booklet. To read the other chapters of our booklet, click the links below: Chapter 1: Understanding the Nature of Trusts Chapter 2: Defining and Determining Trust Law Income Chapter 3: Making Effective...
Timing, Authority and Validity of Distributions – (Trust Distributions Guide Booklet Chapter 4)
Below is Chapter 4 of our ‘Trust Distributions Guide’ booklet. To read the other chapters of our booklet, click the links below: Chapter 1: Understanding the Nature of Trusts Chapter 2: Defining and Determining Trust Law Income Chapter 3: Making Effective...
Making Effective Distributions – (Trust Distributions Guide Booklet Chapter 3)
Below is Chapter 3 of our ‘Trust Distributions Guide’ booklet. To read the other chapters of our booklet, click the links below: Chapter 1: Understanding the Nature of Trusts Chapter 2: Defining and Determining Trust Law Income Chapter 4: Timing, Authority and...
Defining and Determining Trust Law Income – (Trust Distributions Guide Booklet: Chapter 2)
Below is Chapter 2 of our ‘Trust Distributions Guide’ booklet. To read the other chapters of our booklet, click the links below: Chapter 1: Understanding the Nature of Trusts Chapter 3: Making Effective Distributions Chapter 4: Timing, Authority and Validity of...
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