Tuesday, August 27, 2024

Estate Planning and Beneficiary Loan Accounts: Fools gold**

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The decision in Clark v Inglis [2010] NSWCA 144 remains a key case in relation to the interplay between beneficiary loan accounts and estat...
Tuesday, August 20, 2024

The powers of an attorney: being under the thumb**

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An issue that often arises is the exact extent of the powers an attorney may exercise on behalf of a donor. One of the leading cases in this...
Tuesday, August 13, 2024

Letting little fury things ** like the tax tail wag the dog

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Given the theme of ‘famous tax cases’ in recent posts, it seemed appropriate to revisit the tax aspects of the case involving the family of ...
Tuesday, August 6, 2024

Yeah right** - because before Rinehart, there was Murdoch

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While the Rinehart decision received significant attention in relation to many issues, including the tax consequences of ending a trust, the...
Tuesday, July 30, 2024

Fiduciary duties: they are out there**

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Fiduciary duties are generally seen as the most onerous of all legal duties and where they apply they require a person to act solely in anot...
Tuesday, July 23, 2024

Step (child) on** ... and the list of people entitled under an estate

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  Last week's post considered some of the key issues, from a will drafting perspective, about whether a step child is entitled under a d...
Tuesday, July 16, 2024

A drafting lesson: waiting for you in the shadows**

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Recently we were reviewed a clause in a trust deed that confirmed the beneficiaries were ‘any and all of the children, grandchildren or grea...