Testamentary Trusts: The Australian Master Guide, 3rd edition
Testamentary Trusts: The Australian Master Guide (earlier called Testamentary Trusts: Strategies and Precedents 2/e) is the definitive guide to testamentary trusts in Australia. It provides practitioners with adaptable tools to advise on and draft both simple and complex testamentary trusts for differing client needs and the implementation of advanced estate planning strategies.
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Building on the success of the 2nd edition (previously titled Testamentary Trusts: Strategies and Precedents), the 3rd edition has been expanded to include updated precedents, case law analysis and commentary dealing with developments in taxation, family law, superannuation and asset protection law. As the only dedicated text on testamentary trusts in Australia, Testamentary Trusts: The Australian Master Guide, 3rd edition is a must have for any estate planning practitioner, financial adviser or accountant that advises on testamentary trusts.
The central purpose of this book is to provide a flexible and easy-to-use system for drafting discretionary testamentary trusts. The system is intended to allow practitioners to deal with what has always been a very complicated and difficult problem: modifying a discretionary testamentary trust precedent to accommodate the widely different family circumstances and testamentary wishes which testators present to the drafter.
To this end, this book includes:
• A discretionary testamentary trust precedent including commentary and explanatory notes;
• Variation precedents to allow will drafters to modify discretionary testamentary trusts;
• A protective testamentary trust precedent including variations for a disabled beneficiary;
• A single testamentary trust precedent for a family group;
• Right of residence and capital protected trust precedents;
• Detailed commentary on social security, taxation and superannuation legislation;
• Analysis and commentary on superannuation, bankruptcy and family law cases;
• Blended family and family provision strategies; and
• Precedents and guidance for the establishment and administration of testamentary trusts.
• Authoritative and comprehensive
• Nationwide coverage
• Detailed precedents drafted by experts
• Birtles, C; Neal, R; & Sims Z. Hutley’s Wills and Precedents, 10th ed, 2020
• Perkins, M and Monahan, R Estate Planning: A Practical Guide for Estate and Financial Services Professionals, 4th ed, 2015
Table of contents
- Chapter 1: Introduction to Estate Planning and Testamentary Trusts
- Chapter 2: Tax and Testamentary Trusts
- Chapter 3: Asset Protection and Testamentary Trusts
- Chapter 4: Social Security, Testamentary and Special Disability Trusts
- Chapter 5: Insurance and Estate Planning
- Chapter 6: Superannuation and Succession Planning
- Chapter 7: A System for Drafting Testamentary Trusts
- Chapter 8: Model Discretionary Testamentary Trust Precedent
- Chapter 9: Variations to the Model Testamentary Trust and a Trust for a Disabled Person
- Chapter 10: Examples of Precedents Applied
- Chapter 11: Family Provision Strategies
- Chapter 12: Blended Family Strategies
- Chapter 13: Establishing and Administering Testamentary Trusts