Beware estate planning issues with aged care

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As our population gets older (and lives longer), the likelihood that an elderly parent will need to go into a nursing home is increasing. Usually this requires having to make a payment to the nursing home for the privilege of being accommodated there – either by way of a Refundable Accommodation Deposit (“RAD”) or for […]

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Can grandchildren be beneficiaries of BDBNs?

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Often a member of a superannuation fund (whether self-managed, industry or retail superannuation fund) will want to provide for their spouse and, if the spouse should predecease them to their children and, if one of the children predeceases them, to the issue of the deceased child; that is, their grandchildren. Consider the position of Xander […]

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Probate – a detailed overview from SuperCentral

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The process of probate may seem straightforward but, depending on the complexity of a client’s estate plan, along with family dynamics, it is not always easy to navigate. Here we cover some of the frequently asked questions about probate. What is probate? Simply, probate is the validating of a Will. Why does probate need to […]

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ATO plays hard with late lodging SMSFs

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It seems that the ATO will change the status of SMSFs which fail to lodge their SMSF annual returns by the due date (subject to a 2-week grace period) from “complying” to “regulation details removed”.  This will effectively be social exclusion for those SMSFs. Whilst this change does not alter the complying fund status of […]

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ATO – Key superannuation thresholds for 2019/20

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The ATO has released some of the key super thresholds for the 2019/20 financial year. Transfer Balance Cap This cap is $1,600,000 and is unchanged from the 2018/19 financial year. The transfer balance cap is the maximum amount of super capital which a taxpayer can transfer during their lifetime into retirement phase and thereby benefit […]

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Jumbo SMSFs and individual trustees

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While the Morrison Government is proceeding with its proposal to permit Jumbo SMSFs with 5 or 6 members, will Jumbo SMSFs have to have a company as trustee? This answer is determined by the legislation of the state or territory which applies to the SMSF. In summary, some jurisdictions do permit having 4 or 5 […]

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SMSFs: Untouched by Hayne; Jumbo size; Unwinding LRBAs

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SMSFs suffer no pain from Hayne Two key issues on Superannuation from the Hayne Royal Commission were Agency Conflict and Invisibility of Fees (especially for no service). These two issues could be summarised as essentially poor and conflicted governance. These structural issues are not present in SMSFs – as, in general, members and the controllers […]

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What is collaborative intergenerational estate planning?

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Example 1: Planning while family is able to decide It’s estate planning which involves thinking outside the immediate family unit and looking at future generations. A key issue is in protecting assets for generations from creditors and unexpected financial threats. Let’s say you’re a medical doctor in sole practice, so you’ve been very careful over […]

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Avoid surprises after divorce with a family provision waiver

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It might come as a surprise to learn that a former spouse, or a spouse from whom you have separated, can still make a claim on a deceased estate even though the estate has been left to children or someone else in your Will. In a NSW Supreme Court decision in 2012, the Court ordered […]

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A Will should be updated or reviewed every 3 years

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Marie had two daughters. Before his death her husband gave the majority of his estate to the elder daughter on the understanding that Marie would eventually give the family home to the younger daughter. Marie saw her solicitor and arranged for her Will to be drafted that way. When she died the bad news for the […]

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