You are building two Tax Effective Mutual Wills. They each contain a 3-Generation Testamentary Trust. In the first instance, you leave everything to each other. After you both die, you leave everything to the same beneficiaries.
Not leaving everything to each other? Then build two separate single Wills instead.
The Wills protect your family from losing their inheritance from tax, bankruptcy and divorce.
And to the tax man I leave…
Every year, Australian taxpayers voluntarily pay the government millions of dollars in ‘death taxes’. The 4 defacto death duties are:
- Capital Gains Tax
- Stamp Duty
- Income tax
- up to 32% in non-dependency Superannuation tax
Are you going to be one of them? Proper Estate Planning ensures that your estate goes to those you care about. Not the Tax Man.
3-Generation Testamentary Trusts
Professor Brett Davies invented Testamentary Trusts in 1994. In 1997 he then invented the 3-Generation Testamentary Trust. The 3-Generation Testamentary Trusts’ additional advantages include:
- better tax advantages
- generally, pay no tax on the estate income for 80 years
- works for three generations: spouse, children and grandchildren
- discretionary of nature: a beneficiary can choose not to set up any trusts
- wound up when no longer required
- each beneficiary gets their own 3-Generation Testamentary Trust
- the children when acting unanimously can divide up the class of assets differently. Say you have $1m in shares, $1m in property and $1m in cash. One of your children can take all of the shares. The other the property. The remaining child takes the cash. There is no CGT and stamp duty.
32% Tax on Super going to adult children
After you and your spouse die your adult children pay 17% or 32% on your Super. That is a non-dependancy tax. It is on your concessional superannuation. Our Super Testamentary Trust, which you get in these two Wills, seeks to reduce this tax to zero.
The Divorce Protection Trust delays or stops any capital or income going to the beneficiary who is suffering from divorce or separation proceedings. It is designed to reduce the opportunity for the Family Court to get its hands on your money.
The Divorce Protection Trust sits dormant in the Will until needed. The Divorce Protection Trust activates for the benefit of the married person and that person’s children and grandchildren. It removes that person’s power to control the trust while they are suffering from the separation.
The Divorce Protection Trust benefits the current and succeeding generations. This helps protect the assets from the Family Court.
You are building two Testamentary Trust Mutual Wills. The trusts in your Wills include:
- 3-Generation Testamentary Trusts – reduces CGT, income tax & stamp duty for up to 80 years from date of death
- Superannuation Testamentary Trust – stops the 17% or 32% tax on Super going to adult children
- Bankruptcy Trusts – if a beneficiary is bankrupt
- Divorce Protection Trust – if a child separates stops Family Court taking your money
- Maintenance Trust – if the beneficiary is under 18 or vulnerable
For legal advice telephone us. We are a law firm. We can help you answer the questions as you build your Will.
Adjunct Professor, Dr Brett Davies, CTA, AIAMA, BJuris, LLB, LLM, MBA, SJD
Legal Consolidated Barristers and Solicitors
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