Some people set up bucket companies where the shares of the company are held by themselves personally not as trustee. This makes it very difficult...
I often see discretionary trust deeds which nominate the next appointor, upon the death of the current appointor, to be the Legal Personal...
A Grandparent wants to leave some money to their children, but they want their grandchildren to benefit too and are worried that if left to their...
Where a child is severely disabled and over the age of 16 a special type of discretionary trust can be set up for them, these are known as a...
For a trust to exist there must be at least one beneficiary, but there is no legal requirement that the beneficiary must be alive at the date the...
Get some legal advice before trying this. Some people want to help their elderly parent(s) purchase property. This might be the parents moving...
This is a more detailed version of a previous post first written in May 2016: Legal Tip 131: Legal Tip: Estate Planning Implications of Bucket...
I would like to tell you, but it is a secret. These are trusts, usually set up under a will, where property is left to a person on an undisclosed...
Where there are 2 spouses and children if one of the spouses dies and the other inherits the assets of the deceased this can pose a risk to the...
When making a will you would generally need to consider 3 situations which could play out (most commonly). 1. You die first The reason you...
As seen in my last tax tip Tax Tip 194: Transferring a Property from a Testamentary Trust to a Beneficiary Without CGT Tax Tip 194: Transferring...
The biggest downfall with discretionary trusts is that the assets of the trust cannot be passed on via the will of the person that controls the...
When one spouse dies often the surviving spouse remarries. This will mean any inheritance received by the surviving spouse could be at risk of not...
Multiple Bucket Companies as an Estate Planning Strategy A Bucket company is a company set up to receive profits from another entity – usually a...
What do you do when a family member has lost capacity but there is no power of attorney appointment in place? Example Dad died a while back and...
Children are considered legally ‘disabled’ until they reach the age of 18. They can be appointed as executors under a will, but if the testator...
Testamentary Trusts and Bucket Companies It is possible to incorporate the bucket company strategy with a testamentary discretionary trust. I...
What is the point, you might ask, in setting up a discretionary trust to hold investment assets when you have no family? A discretionary trust...
Discretionary trusts are generally started with just $10 or $20. Mostly trusts are established for a trustee to hold shares or property for the...
An Example of How poor Ownership Structuring Can be Painful. Homer and Marg own 5 investment properties all jointly as Joint Tenants. All in NSW...
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