Minimising assets in an estate that is subject to challenge

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Brian Hor at Townsends Law thinks there should be some thought given and preparation around seeking to minimise challenges to an estate by making pre-emptive decisions, such as: Transferring assets

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SMSF Property development – issues to consider

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Can an SMSF be used to develop a property? Yes, but there are some superannuation compliance issues that arise when considering whether to develop a property in your SMSF. John

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Can grandparents protect their grandkids’ inheritance?

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If their kids don’t get on with one of the grandkids maybe the grandparents should act to protect that grandchild’s inheritance. Being an estate planning lawyer means very often having

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Loans under Division 7A and the ATO’s Safe Harbour guidelines

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A limited recourse loan by a member’s family trust to their SMSF might be a Division 7A loan.  Can the loan comply with all the rules if it is in

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Related party loan to SMSF – when is a loan not a loan?

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John is the sole member of his SMSF and is the sole director of the fund’s corporate trustee. After seeking financial and tax advice on the benefits of owning a

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Brace yourselves: A claim against your Will is coming

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It seems that along with dragons and Westeros, the idea that a person has substantial discretion in how to gift their estate on their death is a myth. Those left

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Not sure where to start? Ask.Will™

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Although most Australians know the importance of having a valid will, the nuances of how — and what — can be challenging. Understanding and using those nuances is what turns

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The pitfalls of a homemade Will

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While homemade Wills and Do It Yourself Will kits may appear to be an ‘easier’, ‘timely’ and ‘cheaper’ alternative than instructing a lawyer to draft your Will the recent Victorian

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Can an SMSF be liable for foreign purchaser surcharge duty?

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John and Mary, a married couple, are members and individual trustees of their SMSF and their benefits in the fund represent 10% (John) and 90% (Mary) of the total value

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Where is your trust deed?

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Document provider, SuperCentral, gets calls from SMSF clients weekly asking where their trust deeds are stored. Peter Townsend from SuperCentral said that he sometimes feels like he is running a

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