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02/12/2015

Accountants’ Exemption – who advises on your Super fund now?

(The link to the original Accountants' Exemption paper is here) Self-Managed Super Funds are big business - and still so after the Accountants' Exemption The number of SMSFs continues to increase. According to the ATO there were just over 528,000 SMSFs. There is $529 billion in assets. It is a big market. […]
07/11/2015

Disabled dad has $9m, two children and no Will – Statutory Will to the rescue

A Statutory Will is a Will written by the Court for you - before you die. Ten years ago Rolf suffered a 'near fatal' car accident. The Court said that from that moment on he had 'no testamentary capacity, no current Will and no real or even remote prospect of […]
06/11/2015

Legal Consolidated Taxation Prize UWA (formerly Brett Davies Lawyers Tax Prize)

The Brett Davies Lawyers Taxation Prize UWA at the University of Western Australia has been renamed the Legal Consolidated Taxation Prize UWA. This reflects the change of name of the law firm from Brett Davies Lawyers to Legal Consolidated Barristers & Solicitors. The Prize is awarded to the UWA student who […]
28/10/2015

How to get UK pensions into an Australian Super fund

Getting UK pensions into an Australian Self-Managed Super Fund Many of us have UK pensions. From 6 April 2015, the conditions that an Australian superannuation fund (pension scheme) must satisfy to register with Her Majesty's Revenue and Customs (HMRC) as a qualifying recognised overseas pension scheme (QROPS) has changed. The […]
22/10/2015

Dr Brett Davies’ Thesis – Business Succession Planning

Business Succession Planning Quick links: Dr Brett Davies' thesis - Click here Business succession planning manual - Click here Estate planning manual - Click here Business Succession Planning Question: Dear Dr Davies, I am a financial planner specialising in business risk. I was hoping that you would make available your PhD thesis on […]
21/10/2015

Binding Financial Agreements – legally binding?

Thank you for your interest in Binding Financial Agreements (BFAs). BFAs are also referred to as ‘prenuptial agreements’, ‘prenups', defacto agreements and Superannuation Agreements (the last one being restricted to just Super). They are available before, during and after marriage. They are available to de facto couples that never intend […]
19/10/2015

SMSF Joint Tenants vs Tenants in Common

SMSF Joint Tenants vs Tenants in Common - Which is better? Question: SMSF Joint Tenants vs Tenants in Common is a common discussion. I agree that Joint Tenancy is generally dangerous because of the CGT regime as per your previous PRUDENCE (2nd Edition) article. However, should Trustees in an SMSF own […]
19/10/2015

Court rewrites Will to save tax

Court rewrites Will to save tax Question: Our client is threatened by divorce. His dying dad is leaving everything to him. His dad has Alzheimer’s disease. Can we use a Power of Attorney to rewrite the Will or can we get the Court to alter the Will as per the Matsis Case? […]