What the final decision in Caldwell & Caldwell means for your Discretionary Trust Structure
The Full Court’s decision in Caldwell & Caldwell [2026] FedCFamC1A 81 is a timely reminder that having assets in a discretionary trust is not automatic asset protection, and that how a trust is structured matters far more than whether it’s called “discretionary” or what the intention behind it was.
Further Changes to the Proposed Taxation of Discretionary Trusts
Discover how new options for existing discretionary trusts allow trustees to elect fixed distributions, avoiding the proposed 30% minimum tax without full restructuring.
Who will receive your Super when you die? Why an up-to-date Binding Death Benefit Nomination (BDBN) matters
Superannuation doesn’t automatically form part of your Will. Discover how a Binding Death Benefit Nomination (BDBN) directs your assets and why it needs regular review.
What is a Binding Death Benefit Nomination (BDBN)?
A Binding Death Benefit Nomination (BDBN) enables a superannuation fund member to direct the trustee as to who is to receive their superannuation death benefit, provided the nomination is valid and complies with the applicable law and the governing rules of the particular fund.
Episode 03: Changes to the taxation of Discretionary Trusts and Discretionary, Testamentary Trusts
In the May 2026 Federal Budget, the Government proposed a new 30% minimum tax on the income of discretionary trusts, due to commence from 1 July 2028.
The Latest Update on the Proposed Discretionary Trust Tax changes
The latest update from today, 19 June: Discretionary testamentary trusts in Wills included for genuine testamentary purposes (yet to be defined) will be exempt from the proposed 30% minimum tax on discretionary trusts, provided they are structured to benefit only individuals or income tax exempt entities.
Division 296 Tax: Why It Matters for Your Estate Planning
The Federal Government’s introduction of Division 296 of the Income Tax Assessment Act 1997 (Commonwealth) is one of the most significant recent changes to the superannuation system. The Act commences from 1 July 2026.
Proposed Discretionary Trust Tax changes: What they mean for Testamentary Trusts and Estate Planning
The Federal Government has proposed major discretionary trust tax changes, including a 30% minimum tax from 2028. Learn how the reforms may affect testamentary trusts and estate planning.
Episode 02: The assets your Will doesn’t cover and what happens to them when you die
Most Australians have a Will that covers their house, car and bank accounts — but what about their Bitcoin, Netflix account, online share portfolio, or the Instagram account with 50,000 followers that earns advertising revenue?
For most people, these assets simply vanish or become inaccessible when they die.
Why Enduring Powers of Attorney Matter and Why Your Choice of Attorney Matters Even More
Among the most important legal tools available to protect your wellbeing and financial security are Enduring Powers of Attorney (for Financial and Personal Matters) (EPA).