Course · Beginner to intermediate
Testamentary Trusts in Australia
The law, the accounting and the tax: everything you need to run a testamentary trust with confidence.
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A practical course for executors, trustees, beneficiaries and bookkeepers. Learn what a testamentary trust is, how it is set up after a death, what the law expects of a trustee, how to keep the books, how the trust and its beneficiaries are taxed, how to make distributions properly each year, and how the trust eventually ends. Commonwealth tax law is covered in full, with state-by-state summaries of the succession and trustee rules.
Who it's for: Executors, trustees and beneficiaries of testamentary trusts who are not lawyers or accountants, and the bookkeepers who support them.
Foundations
What a testamentary trust is, why people use them, the different types, who does what, and how to read the will that creates the trust.
From death to a working trust
Probate, estate administration, when the trust actually starts, and the practical steps to get it registered, banked and holding assets.
The trustee's legal duties
The duties every trustee owes, how to invest trust money, where your powers come from, what records to keep, and when a trustee can be personally liable.
Protecting the trust
Family provision claims, relationship breakdown, bankruptcy and creditors, and how control of the trust changes hands.
Trust accounting
Separating income from capital, setting up the books, preparing financial statements, tracking beneficiary accounts and running the yearly bookkeeping cycle.
Income tax
How Division 6 taxes trusts and beneficiaries, trust income versus net income, the concessions for minors, streaming, section 100A, and lodging the trust tax return.
Distributions and resolutions
Making valid distribution resolutions by 30 June, choosing who gets what, paying distributions in practice, and company beneficiaries.
CGT, property and investments
Capital gains tax on inherited assets, the family home, share portfolios, real estate duties and land tax, and superannuation and insurance proceeds.
Special situations
Minors and vulnerable beneficiaries, Centrelink and aged care, overseas beneficiaries and trustees, and trust losses and family trust elections.
Running and ending the trust
The trustee's annual calendar, vesting and perpetuity, winding up step by step, a full worked case study, and a glossary.