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Every will can contain a testamentary trust, says legal expert

Testamentary trusts can refer to any arrangement set out under a will where the intended beneficiaries are not absolutely and immediately presently entitled, says a specialist SMSF legal expert. Mat ....

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Amending testamentary trusts: a non-zero possibility?

Unless there is a power to vary included in the terms of a testamentary trust, the only way to change its terms is by way of a court application warned a legal superannuation expert. Matthew Burgess ....

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Could a testamentary trust help secure wealth transfer?

With the government circling around super with a raft of changes and legislative policy amendments, combined with the latest suggestion that superannuation be ‘ring-fenced’ to pay for aged care, ....

Family Court ,

How testamentary trusts can take the sting out of tax

For beneficiaries incurring high personal tax rates, significant savings possible make them an attractive option. Testamentary trusts are trusts established by a will and only come into operation on ....

Court dismisses appeal in dispute over testamentary capacity

The Supreme Court of Queensland has dismissed an appeal in a case examining whether the testator had testamentary capacity when making his will. The decision, Campbell v Campbell [2023] QCA 3, handed ....

Tracy Rickertt , Gerard Byrne , Justice Kunc , Stewart Campbell , Keith Smith , Justice Mullins , Ryanv Dalton , Law Society Of New South Wale , Mrs Campbell , Mini Mental State Examination , Montreal Cognitive Assessment , Sleep Advance , Professor Gerard Byrne , Law Society , New South Wale ,