Succession & Estates
We have expertise in dealing with complex multi-generational family businesses where assets and wealth are held in Australia and internationally. It is important to attend to personal and business succession planning matters early to avoid the erosion of wealth and ensure a smooth transfer of the control of assets from one generation to another.
Our team assist clients by providing cohesive advice on all aspects of wealth protection and succession planning.
Our team has extensive experience in succession planning and estate administration for high net worth individuals, large farming families, private charitable foundations, as well as complex business succession strategies for multi-million dollar enterprises. Several members of our team are also tax specialists and can provide clients with specialist taxation knowledge tailored to their individual or business situation.
Our team has advised clients including financial planners, banks, financial institutions, insurers, accountants, lawyers, trustees, administrators and others. Our team has the depth of resources, knowledge and understanding of client issues faced across many different areas to provide a service that is second to none across all relevant areas.
Our core capabilities in Succession & Estate planning include:
Family and Private Trusts / Foundations
Inheritance Act and estate disputes
Personal succession planning
Personal taxation issues
Taxation consequences of Family Court decisions.
We acted for Perpetual Trustee Company Ltd and successfully argued that the transfer of the funds to a superannuation fund be administered for the benefit of a severely injured plaintiff as an “advancement” for the benefit of plaintiff within the terms of the compensation trust.
We acted for parents of a child who suffered from brain damage at birth in setting up an inter vivos Special Disability Trust. We also assisted with the creation of a Special Disability Trust under their Wills upon death along with the option to create an alternative special needs discretionary testamentary trust.
We acted for an elderly client with capacity issues, where we had to ensure that the client obtained a medical certificate as to his capacity, sign our Will instructions, and execute his Will despite having suffered terrible injuries in an accident. We were able to obtain a grant of probate of the Will from the Supreme Court without requiring the Will to be proven by application in solemn form.
We acted for an executor of an estate which had residuary beneficiaries including three charities. One of which had to comply with a special condition within a year; in order to be eligible for establishing that the executor of the estate was not required to give notice to charity related to the entitlement to the gift within the one year period.
We acted for an ultra high net wealth individual with terminal cancer and his wife with their succession planning undertaken in the months leading up to his death. We also assisted with the administration of his estate.
We acted for the executors of an estate who faced problems administering the estate due to specific legacies exceeding available assets until trusts created under the Will ended.
We acted for a high net wealth individual who holds significant interests in a complicated corporate structure involved in commercial construction as well as related assets in effecting both his personal and business succession strategies.
We acted for defendants in an inheritance claim brought by a sister against the executors of the estate of a father which principally comprised of farming land worth over $20 million. We provided advice on the merits of the plaintiff’s claim and gave recommendation on parameters for settlement and then drafted documents that eventually effected settlement of the matter.
11 April 2016
On 6 April 2016 the ATO released a Practical Compliance Guideline (PCG 2016/5) which helpfully sets out ‘safe harbour’ features of a limited recourse borrowing arrangement (LRBA) that are acceptable to the Commissioner. Super fund trustees with related party LRBAs need to read the Guideline and review the terms and features of their LRBAs as soon as possible and take any necessary remedial action by 30 June 2016 to ensure they are compliant and do not trigger adverse income tax consequences for the fund under the non-arm’s length income (NALI) provisions.
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30 August 2015
The Retirement Village sector continues to undergo unprecedented reform and legislative change. A round of legislative changes were implemented in April 2015 and further changes will come into effect on October 2015.
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29 May 2013
There are two principal ways in which a person might challenge a Will: firstly, on the basis that the Will itself is invalid, and secondly on the basis that the Will does not make proper and adequate provision for a person who has standing to apply for increased provision from an estate under section 7 of the Family Provision Act 1972 (WA).
Author: Patrick Hughes
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25 May 2012
Jackson McDonald consolidated its position as the leading West Australian law firm when named Perth Law Firm of the Year at the 2012 ALB Australasian Law Awards in Sydney on 24 May 2012.
It is the fifth year out of six that Jackson McDonald has won this prestigious award.
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10 January 2011
Jackson McDonald is a proud member of Globalaw and has assisted in the development of this guide.
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