ESTATE PLANNING & ADMINISTRATION
(SUCCESSION PLANNING) ARTICLES
Does my spouse act as my attorney if I have a stroke?
An Enduring Power of Attorney appoints an person or persons to act on your behalf in relation to the administration of your affairs at a time of your choosing, including following your incapacity. What happens if you don’t have one?
Related Party LRBAs and PCG 2016/5: A review and recommendations for Trustees for Smooth Sailing
The release of PCG 2016/5 comes as no surprise, which follows on the back of the Australian Taxation Office (ATO) publications ATO ID 2015/27 and ATO ID 2015/28, which set the tone for related party Limited Recourse Borrowing Arrangements (LRBAs). The ATO’s 2015...
Estate Planning Myths Series: “I made my Will years ago – I don’t need to do a new one”
You drafted a Will years ago – it’s pretty basic, but it gives everything to your spouse, or, if your spouse doesn’t survive, then everything goes to your children. So, if the content of the Will applies, what is the point of doing a new Will that sets out the same...
Joint Tenants or Tenants in Common – What’s the Difference?
If you hold real property with another person, it is important to know whether you hold the property as joint tenants or as tenants in common. What’s the difference? A joint tenancy is where two (or more) people (or legal entities) own an asset jointly – that is 100%...
Can an employee acquire a residential property as an investment in the employee’s Self Managed Superannuation Fund (SMSF), if the employer is a property developer?
Answer: Maybe, maybe not. This question asks whether an employee is a related party of their employer (or the employer a related party of the employee’s SMSF) for purposes of Section 71 Superannuation Industry (Supervision) Act 1993 (SISA), in respect to the In-House...
Related Party LRBAs and PCG 2016/5: A review and recommendations for Trustees for Smooth Sailing
The release of PCG 2016/5 comes as no surprise, which follows on the back of the Australian Taxation Office (ATO) publications ATO ID 2015/27 and ATO ID 2015/28, which set the tone for related party Limited Recourse Borrowing Arrangements (LRBAs). The ATO’s 2015...
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