1. Tax-effective Will with 3-Generation Testamentary Trust Will
The tax-effective Will contains 3-Generation Testamentary Trusts.
And to the tax man, I leave...
Every year, Australian taxpayers voluntarily pay the government millions of dollars in 'death taxes'. The four de facto death duties are:
- Capital Gains Tax
- Stamp Duty
- Income tax
- up to 32% in non-dependency Superannuation tax
Proper Estate Planning ensures that your estate goes to those you care about. Not the Tax Man.
3-Generation Testamentary Trusts automatically put in your Will
Professor Brett Davies invented Testamentary Trusts in 1994. In 1997, he invented the 3-Generation Testamentary Trust. The 3-Generation Testamentary Trusts' benefits include:
- superior tax advantages for your beneficiaries
- generally, pay no tax on the estate income for 80 years
- works for three generations: beneficiaries, their children and grandchildren
- discretionary in nature: a beneficiary can choose not to set up any trusts
- each beneficiary gets their own 3-Generation Testamentary Trust
- the beneficiaries 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 is the property. The remaining child takes the cash.
Stop the 32% Tax on Super going to adult children when you die
At death, your adult beneficiaries pay 17% or 32% on your Superannuation. That is a non-dependency tax. It is on your concessional superannuation. Our Super Testamentary Trust, which you get in your Will, seeks to reduce this tax to zero.
What happens if your children divorce after you die?
The Divorce Protection Trust delays or stops any capital or income from a beneficiary suffering 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. It is activated to benefit the married person and their children and grandchildren. It removes that person’s power to control the trust while suffering the separation.
The Divorce Protection Trust benefits the current and succeeding generations by protecting assets from the Family Court.
The trusts in your Will include:
- 3-Generation Testamentary Trusts - reduces CGT & stamp duty
- Superannuation Testamentary Trust - reduces 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, it stops the Family Court from taking your money
- Maintenance Trust - if a beneficiary is under 18 or vulnerable