The Art of Estate Planning Podcast

Continuing our series on discretionary trusts and family law, I cover the decisions of Woodcock & Woodcock (No 2) and Aarons & Aarons. Woodcock & Woodcock has the potential to shake up the asset protection of discretionary trusts, expanding the meaning of 'property' to include beneficiary's rights to due consideration and administration. Read the decisions here: Woodcock & Woodcock (No 2) FedCFamC1F 173Aarons & Aarons (No 4) [2022] FedCFamC1F 502

In this third instalment of our series on discretionary trusts and family law, I discuss the decisions of Bernard & Bernard, Coley v Danae, and Dovgan & Dovgan These cases look at how testamentary trusts will be treated by the family courts, the effectiveness of joint controllers, and whether trusts controlled by a Respondent's parents can be drawn into their family law proceedings as property of the parties. Read the decisions here: Bernard & Bernard [2019] FamCA 421  Coley v Danae [2020] WASCA 13  Dovgan & Dovgan [2021] FamCA 306

You’ve had the meeting. They agreed to the testamentary trust. Then the draft will lands in their inbox… and suddenly they've got cold feet and want to go back to a basic will. There's nothing worse! In this episode, I unpack why clients might backflip at draft stage, and how to future proof your firm so you can reduce the second guessing. Check out the resources mentioned in this episode: Conversation template  Estate Planning Pricing Toolkit

If you’re an estate planning law firm owner wondering what on earth they need to do to comply with the expanded AML/CTF Rules… then this episode is for you! Join our special guest Tracey Knight from Easy AML, for a practical, plain-English walkthrough of how the expanded AML/CTF regime applies to common estate planning activities with clear examples, compliance timelines, and guidance on what professionals need to do to be ready. If you’re not ready for the AML rules – this episode is a must listen! Watch the full presentation here.

Confession: I used to be a full-blown workaholic lawyer. Fourteen-hour days. Every meal at my desk. “Busy” as a personality trait. Now? I run a million-dollar sole director firm working around 20–25 hours a week... with two kids, a chronic illness, and actual hobbies (yes, plural!). So what changed? In this episode, I’m sharing how I’ve designed my business to support my life, not swallow it whole. We talk leverage over hustle, batching your year before it runs you, the 12 Week Year framework, building systems that work when you don’t, and protecting your energy like it’s billable (because honestly, it is). If you’re ambitious but exhausted…Driven but craving more space…This one’s your permission slip to build it differently.

It’s not often that something genuinely new lands in the estate planning space, which is why I was so curious when I discovered that JustFund has launched a funding solution designed specifically for estate matters. In this episode, I’m joined by Leigh McBean, to explore why Just Fund's new service is worth considering in your estate administration toolkit. We talk through the real-world problems this funding solution is designed to address, how the model works in practice, and the situations where it can support smoother progress in complex or drawn-out matters. If you work in estate administration, this conversation will introduce you to a fresh option that may help reduce friction in your estate planning matters. Because sometimes the sticking point in an estate matter isn’t legal advice; it’s liquidity. Find out more at https://justfund.com.au/

Letters of wishes often get treated as an optional extra — nice to have, but not essential. In reality, they can play a powerful role in how an estate plan is understood, implemented, and experienced by a family. In this episode, I unpack the role of the letter of wishes and why it deserves more attention in modern estate planning. Because while a letter of wishes isn’t legally binding, it can be the document that provides clarity, context, and comfort when it’s needed most. If you’ve ever wondered whether letters of wishes are worth the effort, or how to use them more effectively, this episode will help you approach them with confidence and intention. Find out more about our letter of wishes workbook here.

Do you offer a free first meeting? It’s one of the most common questions estate planning lawyers are asked. In this episode, I unpack the pros and cons of offering a free initial client meeting. What works brilliantly for one firm can quietly undermine profitability, boundaries, and client expectations in another. We’ll explore: When a free meeting can be a smart strategic choice — and when it isn’t Alternatives to the “free consult” model that still convert well How to align your approach with your practice goals, client base, and capacity Whether you currently offer free first meetings, are thinking about changing your model, or feel stuck because “everyone else does it,” this episode will help you make an intentional, confident decision that works for your firm. Check out our Estate Planning Pricing Toolkit here

I’m setting the record straight by busting some of the most common myths about testamentary trusts that still float around both the public and the profession. By the end of this episode, you’ll have clear, confident talking points to help clients see testamentary trusts for what they really are: a practical, accessible way to protect and empower their families.

Superannuation and estate planning is a complex enough topic - but when you throw testamentary trusts into the mix, things can get confusing fast! In this episode, I cut through the confusion and explain what a Super Proceeds Trust actually is, how it works, and when to use one to help your clients have their cake and eat it too. We’ll cover: The fundamentals of a Super Proceeds Trust How Super Proceeds Trust fit into your estate plan strategies Why it's such an important tool for managing super death benefits when using testamentary trusts When it makes sense to use one (and when it doesn’t) This episode will help it all make sense — and give you practical takeaways you can use straight away.

Getting excited about your well-earned Christmas break? There's just one more thing I need you to add to your end of year checklist... the final piece of the puzzle that every law firm owner needs to have sorted - especially if you’re the sole director of an incorporated legal practice (ILP). Because here’s the catch: Your personal enduring power of attorney doesn’t cover your law firm. And your law society or institute can’t step in without proper authority. In this episode, I explain why this gap in your risk management could become a disaster if something unexpected happens, and how an Entity Power of Attorney can fix it. We’ll cover: Why your law firm needs its own emergency triage plan How an Entity POA protects your business, staff, and clients if you’re suddenly unavailable What the law society/institute and insurer actually needs to take control if the worst happens How to put this protection in place quickly (so you can relax over Christmas) Ready to get it sorted? Our Entity Power of Attorney precedent has everything you need.

Many Australians (and even some professionals) assume a minor’s trust will do the job when it comes to looking after young beneficiaries. It sounds simple, it feels safe — but in reality, it’s often a missed opportunity. In this episode, I unpack why settling for a minor’s trust can mean your clients (and their families) lose out on major tax, control, and protection benefits that a testamentary discretionary trust could have delivered. If your clients are still opting for the “basic” will option, this episode will help you explain why a testamentary discretionary trust is often the smarter, safer choice.