Collection of Inside Stories 2016
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Matthew Burgess
Matthew Burgess is an assistant professor at Brooklyn College and a poet-in-residence in NYC schools through Teachers & Writers Collaborative. His award-winning first children's book, Enormous Smallness: A Story of E. E. Cummings, was a Junior Library Guild selection and an ALA Notable Children's Book. He lives in Brooklyn, New York.
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Collection of Inside Stories 2016 - Matthew Burgess
National Library of Australia Cataloguing-in-Publication entry
Creator: Burgess, Matthew, 1973- author.
Title: Collection of Inside Stories 2016 / Matthew Burgess;
ISBN: 9781925406467 (ebook: epub)
Subjects: Burgess, Matthew, 1973-
View Legal (Firm) Legal services—Australia.
Finance, Personal—Australia.
Assets (Accounting)—Australia.
Tax planning—Australia.
Estate planning—Australia.
Other Creators/Contributors: DBS.
Collection of Inside Stories 2016 Copyright 2017
Matthew Burgess
The moral right of the author has been asserted.
Without limiting the rights under copyright reserved above, no part of this publication may be reproduced, stored, or transmitted in any form or by any means, without prior written permission of both the copyright owner and the above publisher of this book.
While the author has made every effort to provide accurate Internet addresses at the time of publication, neither the publisher nor the author assumes any responsibility for errors, or for changes that occur after publication.
Further the publisher does not have any control over and does not assume any responsibility for author or third-party websites or their content.
The information in this book is of a general nature, not intended to be specific professional advice. Please seek the opinion of a professional to advise you for your situation.
The author’s opinions are his own and do not represent the view of any other person, firm or entity.
Published by D & M Fancy Pastry in 2017
Table of Contents
Chapter 1 (c)
Asset Protection – Family Law Cases
A Practical Analysis of Harris
Harris and the Missing Beneficiary
Chapter 1 (d)
Asset Protection – Trusts
Richstar – Another Reminder
Domino theory
Corporate Trustees and the Domino Theory
Chapter 2 (c)
Estate Planning – General
If you think about it, it exists
A 101 tip in relation to executors
What does ‘sufficiently influenced’ mean?
Chapter 2 (d)
Estate Planning – Challenges
Ways to Contest a Will
Challenging a Will due to the Lack of Testamentary Capacity
Challenging a Will due to Undue Influence
Challenging a Will due to a Later Inconsistent Document
Challenging a Will due to Existence of Mutual Wills
Challenging a Will under a Family Provision Application
Family Provision Applications and Notional Estates
Chapter 3 (a)
Trusts – Tax Planning
A Practical Perspective on Resettlements
Chapter 3 (b)
Trusts – Distributions
Resolutions v minutes – is there a difference?
Vesting Dates and Trust Distributions: measure twice; cut once – read the deed … and then some
Chapter 3 (c)
Trusts – Interpretation
The One-Day Trust
Montevento Holdings – A Practical Analysis
Chapter 3 (d)
Trusts – General
Clark v Inglis and Trust Splitting
Corporate Trustee Duty – A Practical Example
Trust Splitting – some clarity at last
Trust Splitting and Kennon v Spry
Trust Cloning
Chapter 5
Powers of Attorney
The continuing saga of how many powers of attorney it takes to create authority
Chapter 7
Structuring
Tantalising opportunities for trust restructures under new Subdiv 328-G
New Financial Year; new small business roll-over in play
Bespoke Corporate Trustee Constitutions
ASIC Records and Trust Ownership
Chapter 9
Adviser Tools
Latest View app release – estate admin
‘Fixed’ Pricing
The Soul of Enterprise … and the future of the professions
Joining the Dots – the Innovator’s Dilemma and the Professions
Causes, Not Symptoms, the Key to Business Model Reinvention
Fixed Pricing and Change Orders
Insights on the Journey to Value Pricing
Gladwell and the Future of the Professions
Outliers and the Professions
Remaking the professional service firm
The Incumbents Dilemma
Pace of change an issue for incumbent professional service providers
Your free access to our white paper on PSF innovation
The firm of the future is in fact the firm of now
Tinderisation of the law
One of a kind pricing app launched
About View
Acknowledgement
Chapter 1 (c)
ASSET PROTECTION – FAMILY LAW CASES
A Practical Analysis of Harris
Posted 4 October 2016
A previous post has looked at various aspects of the leading family law and trust case of Harris – see – http://blog.viewlegal.com.au/2013/09/read-deed-another-reminder-re-invalid.html
As set out in earlier posts, and with thanks to the Television Education Network, today’s post considers some related practical issues in relation to this case and trust splitting in a ‘vidcast’ at the following link – https://vimeo.com/154687783/
As usual, an edited transcript of the presentation for those that cannot (or choose not) to view it is below –
Harris is an example of the interplay between using a bespoke constitution, but not doing a trust splitting exercise.
In this situation, under an estate planning arrangement, the dad was the original shareholder and director of the corporate trustee. He died and under his estate plan, he gave shares in the company to the adviser, he gave shares to the husband (his son) and then mum (the wife) retained her shares in the trustee company.
These shareholders also acted as the board of the trustee company.
Inside that family trust was a family business that had been running for many years. The husband was, on all the evidence, important to that business and had a really key role. At no stage did the family attempt to split