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 deceased?’, 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 study.

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.

Michael 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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