The family provision waiver explained

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Peter Townsend from Townsend Lawyers briefly explains how family provision waivers work. Often the waiver seeks to stop an ex-spouse trying to access more assets or actions. This is an

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Giving only a Life Interest

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Peter Townsend from Townsend Lawyers briefly explains providing a life interest or life estate to the surviving spouse. It is an increasingly common strategy given growth in blended families. This

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Lost deeds can destroy a trust

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Trusts are most commonly established by a deed. Those deeds contain the terms or rules that control how the trust can be used, and the rights and duties the various

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Court case found BDBN held to be invalid

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In this case a binding death benefit nomination was held to be invalid because it had not been given to the trustee, that is, not given to all the trustees

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Back-door benefits from super not permitted

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The rules relating to what a self-managed superannuation fund can and cannot invest in are complex and for the uninitiated appear confusing and alien. But there is a basic logic

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Last minute withdrawals before time is called

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Is it possible to make a last minute withdrawal before you die and the payment, if made after you have died, still be treated as being tax free?  Well Yes

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Incentivising pensioners to downsize

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Significant changes to the social security means test treatment of sale proceeds of the principal home. The amendments will also modify the application of the Income Test by treating the

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New headaches for NSW property owned by SMSFs

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Amendments made last month to the NSW Duties Act could cause material headaches to super funds holding real estate in NSW. The only remedy for those headaches is good compliance

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Carter court case most important since Bamford

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In possibly the most significant trust tax case since Bamford (2010), the High Court has held that the attempt to undo, by means of an “after the event” disclaimer, the

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Accidental vesting of an SMSF

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In essence a self-managed superannuation fund is a special form of trust and satisfies general trust law as the assets of the fund are held on trust by a trustee

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