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Testamentary Trusts

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Testamentary trusts have secured the CGT exemption

Treasury’s latest CGT reform draft delivers a win for testamentary trusts and deceased estates, exempting estate-derived gains from the 30% floor. However, questions on death and divorce rollovers remain unresolved.

Does your will qualify for the discretionary testamentary trust exemption?

Treasury has confirmed the exemption many families were hoping for. But buried in the fine print are two conditions that could leave some wills on the wrong side of the exemption, despite years of careful planning.

Testamentary trusts post-budget: Estate planning, tax reform and the ‘death tax’ debate

Proposed Budget changes to taxation are casting new uncertainty over testamentary trusts, prompting closer scrutiny of estate planning structures and the real implications of reforms still taking shape.

How to minimise tax with a will

Inheritance tax implications in Australia may surprise some, as poor estate planning without proper wills or trusts can lead to costly tax bills and delays for beneficiaries.

Noel Whittaker’s take on the budget

Marketed as a fix for inequality and housing affordability, the latest budget instead delivers a tangle of tax changes that leave everyday Australians worse off.

Family trusts and relationship breakdowns

Trusts offer flexibility and asset protection, but in relationship breakdowns, courts can 'look through' them. Understanding control, purpose, and asset origins is key to preserving trust benefits in family law disputes.

Most estate planning for tax is inadequate

Many people are reluctant to plan financially for their death, and it's not simply a matter of passing money to heirs. Far more tax-effective techniques are available which can make inheritance simpler.

The impact of super changes on estate plans

The July 1 super changes will encourage many people to reconsider their estate planning, and the role of testamentary trusts should be part of the process. The range of choices has moved far beyond a will.

Trust alternatives after 1 July super changes

The changes to superannuation rules make rolling over an estate into a surviving spouse's pension account less attractive, reviving a role for testamentary trusts.

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The missing link in the CGT debate

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