Trusts: Estate Planning and Issues with the Recently Deceased

Like most Western countries, Australia has
an ageing population, increased wealth in succession, more contested estates,
and an abundance of issues to deal with in conjunction with legal, accounting,
financial and other advisers, and trustees, executors and administrators, who
may be involved in a client’s affairs.

Queensland’s Death… and Taxes Symposium is
returning for its third year on the Gold Coast, and we spoke with presenters Matthew
Burgess, CTA (View Legal) and Tara Lucke (Nexus Law Group) who in 2014,
co-founded View Legal, Australia’s first virtual law firm about their sessions. 

At the symposium, along with Peter Godber, CTA (Grant Thornton) who
will act as facilitator, Matthew will present on ‘How do you manage companies and trusts that were controlled by the now
’, along with Todd Want, CTA (William Buck).

The session will cover the problems faced
by legal personal representatives and executors when dealing with an entity
that is controlled by a deceased person, as well as the trust issues that arise
in this situation.

Matthew says “I’ll be using case study
examples and interactive discussion to unbundle the key issues in an adviser-centric
manner. The session will explore a range of the most important issues in
relation to trusts, giving attendees insight into specific strategies that can
utilise with clients.”

Matthew has been affiliated with The Tax
Institute since 1997. He has been recognised in the Best Lawyers list since
2014 in relation to trusts and estates and either personally, or as part of
View Legal in Doyles since 2015 in relation to taxation, and since 2017 in
relation to wills, estates and succession planning.

Prior to co-founding View Legal, Matthew Burgess, CTA had been a lawyer
and partner at one of Australia’s leading independent law firms for over 17
years. Matthew specialises in tax, estate & succession planning and
providing strategic advice to business owners & high net worth individuals.

In 2015, Matthew went cold turkey on
television and most forms of media, which radically increased his bandwidth to

He has since published several children’s
books which profile his family members, under the pseudonym ‘Lily Burgess’, as
well as a book that explores the concept of ‘true success’. He also swims at
least 5km a week and makes up the calories as a self-confessed ‘foodie’. The
quote by Benjamin Franklin – ‘If you want something done, ask a busy person’,
springs to mind!

Earlier in the program, Tara Lucke, who has been with Nexus Law
as a Group Principal since 2018, will also be presenting on trusts.

Flynn QC, CTA (Life)
(Owen Dixon Chambers West) will
chair her session, ‘Testamentary trusts
are an estate planning superpower … but will they survive the impending attack
on trusts

Tara’s session will focus on the taxation
of testamentary trust income, capital gains and drafting considerations as well
as vesting and TR 2018/6.

Tara says, “my session will help attendees feel
confident that they are up to date with the latest developments in taxation of
testamentary trusts, and make sure they understand the tax issues to consider
when establishing and administering testamentary trusts for their clients.”

Tara has over 10 years of experience in law
working with accountants and financial advisers and specialising in estate
planning, tax, asset protection, business succession, trusts and
superannuation. Tara has been affiliated with The Tax Institute since 2009 and
has been an Fellow since 2013.

Tara says, “every advisor needs to
understand the tremendous value that testamentary trusts can provide for their
clients and my presentation will help them feel confident about the taxation
benefits and treatment of testamentary trusts.”

Tara loves helping clients reach peace of
mind about the protection of their wealth and transition to the next
generation. She believes in supporting financial advisers and accountants to
use estate planning to build trust and support their clients.

Outside of her busy work schedule, Tara
enjoys spending time at the beach and living the location independent lifestyle
that she has worked hard to create. Tara is very active on social media and
uses videos to share her estate planning tips and tricks. She launched The Art
of Estate Planning, an online community for accountants, financial advisers and
lawyers working in the estate planning field. She tries to bring colour,
freshness and vibrancy to the legal experience, which as an avid surfer and
yoga enthusiast, is exactly how she lives her life.

Don’t miss them, along with the rest of
this program’s impressive speaker line up, at the 2019
Death… and Taxes Symposium
coming up at the end of July.  
Find out more on
our website


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