Webinar On Demand - Testamentary Trusts – Tax, Structure and Estate

1 CPD Unit – Substantive Law

Testamentary trusts remain one of the most effective estate planning tools available to practitioners and professional advisers, offering opportunities for tax efficiency, asset protection, and greater control over the management and distribution of wealth across generations.

For lawyers, accountants and advisers advising on wills, deceased estates, and succession planning, a strong understanding of the legal and taxation framework surrounding testamentary trusts is essential. Careful structuring and drafting can materially improve outcomes for clients, particularly where family circumstances, vulnerable beneficiaries, or asset protection risks add complexity.

In this webinar Sam Baring, from Hall & Wilcox will examine the key legal, tax, and practical issues involved in establishing and using testamentary trusts as part of a broader estate planning strategy.

This session will cover:

• The core legal framework and structural features of testamentary trusts.
• Tax outcomes, including income distribution, streaming considerations, and concessions affecting minor beneficiaries.
• Asset protection strategies and risk mitigation, including a three-tier asset protection model.
• Drafting considerations, including trustee powers, beneficiary definitions, vesting provisions, and built-in flexibility.
• Planning issues for blended families, vulnerable beneficiaries, and complex family groups.
• How testamentary trusts can be integrated effectively into comprehensive estate planning and succession strategies.

This webinar is designed for lawyers, accountants and advisers seeking a sharper practical and technical understanding of testamentary trusts and their role in delivering tailored estate planning solutions.

Continuing Professional Development

Legal CPD:

WA legal practitioners (QA Provider ID 29250)

1 CPD Unit, CPD Obligation Field 4 – Substantive Law. To ensure you receive your CPD Units for this event, please provide us with your Legal Practice Board Practitioner ID during registration. Note: CPD Units are only available for participation in the live webinar. At this time, webinar recordings (for those that are registered but unable to attend) are not eligible for WA Legal CPD Units.

Legal practitioners outside of WA

If you consider that this webinar satisfies your individual requirement, or is relevant to your immediate or long-term professional development needs, you may claim 0.5 CPD Units for every 30 minutes of attendance and participation.

Accounting CPD:

1 CPD Point

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Presenter: Sam Baring
Partner, Hall & Wilcox

Sam specialises in helping clients work through and achieve their estate and succession planning goals. He also has extensive experience in advising self-managed superannuation fund trustees and members in respect of operation and structure, planning for the disposition of death benefits, and the exercise of trustee discretion regarding death benefit payments.

Experience:

• Advising families on estate and succession planning with a focus on wealth preservation, blended families and vulnerable beneficiaries.
• Preparing personal testamentary trust Wills, Enduring Powers of Attorney, Appointments Medical Treatment Decision Maker and Superannuation Death Benefit Nominations.
• Reviewing complex structures of family trusts and unit trusts and preparing documentation to deal with succession of control.
• Advising self-managed superannuation fund trustees and members regarding establishing, varying and administering their self-managed superannuation funds.
• Advising on estate administration and attaining appropriate grants in respect to both Australian and international estates.
• Advising family businesses on tailored company constitutions, family constitutions, and interest holder agreements and the preparation of documentation for existing business structures for entry of second and third generations into the business.