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Peter Townsend

October

Death benefit payments can be a problem for SMSFs holding large illiquid assets such as property.

How SMSFs can find cash when tragedy strikes

What happens when the sudden death of one spouse threatens to force the sale of property in a self-managed fund?

September

Billabong founder Gordon Merchant successfully argued against his disqualification as an SMSF trustee.

Why being disqualified as an SMSF trustee is a big deal

You lose control of your investments and direct ownership of real estate is off the table.

July

AFR

What’s a close personal relationship? The ATO has its own idea

There are limited circumstances in which superannuation benefits can be passed on tax-free, and a lot depends on the relationship definition.

May

Services that offer simple wills are not doing the will maker any favours unless they explain what the will maker is giving up by using one.

Why there is no such thing as a simple will

You’ve got to understand what you’re giving up when you sign a simple will – and how there are better ways to protect your loved ones.

March

Trustees do not have unfettered power to deliberately exclude particular beneficiaries, even if they are estranged.

Why estranged family members might still have a claim on trust money

A decision in the Victorian courts found that trustee must engage in bona fide inquiries about potential beneficiaries.

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March

AFR

How to prevent your super going to the wrong people

“Absolute discretion” can mean anything but when it comes to distributing superannuation death benefits.

February

Why just a will won’t cut it for your inheritance strategy

This is why Tony – who has a family trust, a company and property in a unit trust – needs an extra 25 documents to sort control of family assets after he dies.

November 2023

Family disputes about wills and estates have jumped by about 80 per cent in the past decade.

Why courts are being asked to find elderly grooms unfit to marry

Relatives successfully claimed $2.5 million in superannuation should be paid to a deceased man’s estate, not his widow because he was suffering dementia when they married.

October 2023

They have invited Tom’s children to make a claim, but they have also invited Tom’s ex-girlfriend to do so as well.

Ex-girlfriend may get super despite ‘drifting off’ when dad got ill

The trustee of a leading public offer fund is refusing to pay the children of a man who thought he’d got his affairs in order before he died.

Australia’s super industry is growing rapidly.

The procrastination that sliced $75,000 off an inheritance

A delay in passing on a reversionary pension to a woman after the death of her husband had big tax implications for her two adult children when she died.

September 2023

One family trust and three kids – what can go wrong?

What happens when one son doesn’t need the capital, another wants to develop a property with a huge loan and the daughter needs money ASAP for a new home.

August 2023

Is a super withdrawal just before death tax-free? This is the ATO view

A recent ruling may have implications for SMSFs for an inheritance strategy recommended by many advisers.

July 2023

Simon Letch illo for smart investor weekend lead on the cost of death

How to stop your new partner pinching your kids’ inheritance

This is also helpful if your children’s parent is the remaining spouse because it quarantines the estate from potential new relationships.

June 2023

Dad’s testamentary intentions would go up in a puff of smoke – probably the smoke from the funnel of the cruise ship Mum and the Lothario take to enjoy her new-found cash.

When families don’t like the will, there’s a way to change it

If dad cuts mum out of the family home (to protect her from the ageing Lothario down the street), she and the kids can get together to rearrange things.

May 2023

How to stop a stranger robbing the kids of their inheritance

A few tweaks to your will is all that’s needed to ensure your offspring don’t lose out after one of you dies and the other takes a new partner.

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April 2023

Family trusts can be complicated.

Seven reasons to gift your estate to a family trust (and three not to)

Testamentary trusts are the favoured vehicle for estate planning but it’s worth exploring an alternative if you already have a family trust.

March 2023

Although a deed of confirmation may well be valid, you won’t know for sure unless it’s tested in court.

Why losing a trust deed is more serious than you think

A recent Victorian Supreme Court decision offers clear guidelines about what has to happen next.

February 2023

Hope Margaret Hancock Trust has been the subject of a dispute between Gina Rinehart and family members.

How to avoid a Rinehart-style family trust dispute

It is critical that members of a family trust know what is to happen to trust assets if any of the key people die.

December 2022

If it’s the tenant driving the renovations, then a market value of the renovated premises would normally increase the rent.

The tricky question of who funds renovations for your rental property

If it’s owned by your self-managed super fund, borrowings can’t finance this. But there are other options.

1941:  Orson Welles takes the lead role in his film ‘Citizen Kane’, directed by himself for RKO.

Last-minute super strategies to leave your heirs more

Setting up a cashing-out request can mean a tax-free inheritance, but the timing is crucial.

Original URL: https://www.afr.com/by/peter-townsend-p4yw0x