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Our Private Clients Team is regularly involved in complex Wills and Estate matters. For our clients in their 70s and 80s, we are often asked about decisions that were made in the 1970s and 1980s concerning business structures; the impact of those structures on superannuation and family business arrangements; and whether existing will and estate arrangements “will work”. In this article Phil Hewitt provides a case study of the types of issues that may impact this type of client. We hope a narrative explaining the evolution of a typical estate scenario, coupled with Phil’s observations and solutions or alternative approaches to issues arising, may assist our clients.

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Answer - No.

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It is a common misconception that superannuation proceeds, including death benefits, are dealt with via a person’s will. Superannuation death benefits do not automatically form part of a deceased’s estate.

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Earlier this year we wrote an article about legislation which temporarily allows remote witnessing of documents which would otherwise need to be witnessed in the physical presence of a signatory. This legislation will continue to be in force until 26 March 2021.

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From 1 January 2021, trustees of testamentary discretionary trusts may be subject to surcharges on residential land in New South Wales owned or acquired by the trust. In this article, our Estate Planning specialist, Phillip Hewitt, explains what you need to know about this recent law reform.

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