Tax Issues and the Estate Plan - a series of 3 video webinars


They say death and taxes are two of life’s certainties. While this is true, there are steps advisers can take to ensure an effective estate plan cannot be undone by poor tax planning. In this three-part series, learn directly from the experts on the impact how to best navigate the tax issues, from managing a trust about to vest, dealing with unpaid present entitlements, and navigating the tax consequences following death.

Program 1: A Ticking Time Bomb: Options for Managing a Trust About to Vest

The issue of trust vesting has become particularly important in recent years, especially for those about to reach their vesting date with the associated obligations such as distribution of the assets. There may be a number of reasons to delay this date, including for financial and estate planning reasons. This session will look at the key considerations around trust vesting and the steps that can be taken to minimise or avoid potential liabilities, including:

  • Auditing the trust deed and preparing for the future

  • The concepts of perpetuity and vesting

  • What happens on the vesting date?

  • CGT and duty liabilities – how and when do they arise?

  • Other reasons for delaying the vesting date

  • Extending the vesting date under the terms of the trust deed

  • Court applications for extension – relevant legislation and cases

  • Rulings TR 2017/D10 and TR2018/6 – how the ATO will view trust vesting and date extensions

  • The South Australia solution – availability and practicalities

  • What to do when vesting is the only option

Program 2: Unpaid Present Entitlements: What Can Go Wrong After Death

If left unmanaged, UPEs can create considerable tax nasties in the estate plan. This session examines covers the potential issues that may arise and provides best practice guidance on how these can be managed or mitigated. It covers:

  • What are UPEs and how do they arise?

  • The risks to the family business if they are called in

  • UPEs and how they relate to payment of estate liabilities and family provision applications

  • Tax considerations, deemed dividends and potential Division 7A problems

  • How to deal with UPEs in the estate plan

    • Can they be repaid?

    • Forgiveness and gifts in the will

    • Appropriation

    • Disclaimer

Program 3: Nothing is Certain Except Death and Taxes: Tax Issues Upon Death

While death duties in Australia are long gone, death may still trigger tax consequences for the estate and beneficiaries. It pays to be on the front foot. This session provides guidance on the key tax issues estate planners need to consider, including:

  • What kind of CGT events can be triggered by death?

  • The main residence exemption and death

  • What are the exceptions to the general rule that a capital gain or loss on death is disregarded?

  • What are the CGT consequences of an asset passing to the executor and then to a beneficiary?

  • Tax obligations of executors and other legal personal representatives
  • ATO guidance in PCG 2018/4 Income tax - liability of a legal personal representative of a deceased person
  • Timing of the transfer of estate assets for CGT purposes

Webinar Series,Taxation,Tax Issues and the Estate Plan - a series of 3 video webinars

Andrea Carrick, Director, SMSF Specialist Advisor, AG Tax Lawyers, Melbourne

Andrea has over 12 years experience advising SMEs and high net worth individuals in all areas of taxation including income tax, CGT, GST and state taxation matters. She advises both corporate and private family businesses across a wide range of industries, focusing on complex business restructuring, commercial transactions and estate and succession planning. Andrea has a wealth of experience liaising in and negotiating with the ATO and Revenue Offices on behalf of clients in relation to audits and investigations, objections and private ruling applications. 

Andrea also has a keen focus on superannuation and SMSFs. She has extensive experience advising SMSFs in regulatory and compliance matters and maximising opportunities for clients with the intersection of the Small Business CGT Concessions and superannuation. Andrea recognises the value of practical advice and is passionate about making these complex areas of tax and superannuation user friendly and accessible to clients.

Webinar Series,Taxation,Tax Issues and the Estate Plan - a series of 3 video webinars

Warwick Gilbertson, Partner, Turnbull Hill Lawyers, Sydney

Warwick’s journey as a lawyer has brought him far since being admitted to practice as a Practitioner of the Supreme Court of Tasmania in 1975, to a solicitor of the Supreme Court of NSW 1980, to now being Partner at Turnbull Hill Lawyers. He is the partner in charge of the Estate Planning, Contested Wills and Family Law Teams.

He has extensive experience in contested wills and estate cases in the Equity and Probate Divisions of the Supreme Court. He is an Accredited Specialist in Family Law, a member of the Taxation Institute of Australia and a Trust and Estate Practitioner (TEP), a specialist designation given to him by STEP – the worldwide professional association for those advising families across generations. He is one of a handful of TEPs in the wider Hunter Region.

Webinar Series,Taxation,Tax Issues and the Estate Plan - a series of 3 video webinars

Scott Whitla, Partner, McCullough Robertson Lawyers, Brisbane

As an accredited specialist in succession law, Scott specialises in all aspects of succession planning, estate administration and estate and trust litigation.  He manages the firm’s Equity and Private Client team, having been made a Partner in 2009. His clients include high-net worth individuals, accountants, financial advisers and other legal firms and their clients.

Scott assists clients to find effective succession planning solutions which protect and preserve assets for the intended beneficiaries, while also minimising the taxation and stamp duty implications which might otherwise arise.  He is a leading lawyer in the area of preparing, interpreting and contesting wills, administering deceased estates and applications to the Queensland Civil and Administrative Tribunal.

Scott also assists clients with estate administration and estate litigation.  In addition to his substantial experience in these areas, Scott is also an expert on guardianship and administration issues, including matters involving questions of capacity, and the validity of transactions and decisions made under enduring powers of attorney.


This video webinar series includes the following components:

  • Online access to the 3 video webinar programs covering the subjects listed in this brochure.  Programs average 1 hour each in length

  • The 3 programs were recorded in late August and are available now.

  • Online access to the technical support papers and/or powerpoint presentations accompanying each program


If you need assistance or have an enquiry, please do not hesitate to contact our Customer Service Team – contact Darren Steele on (03) 8601 7719 or email: [email protected]

© Television Education Network Pty Ltd 2021

Product Code: STEP20
 Price:  $594.00 (Inclusive of GST)