The Art of Estate Planning Podcast

Most lawyers join a membership for the resources. The precedents. The training. The technical updates. But after spending time with our members at Law Biz Con, I was reminded that the real value often comes from something else entirely: community. In this episode, I share some of the stories that have emerged from the TT Precedents Club over the year. From members doubling their prices, to navigat...

Back in Episode 76, we introduced the new anti-money laundering regime and what it means for estate planning lawyers. Now it's time to get practical. In this episode, I'm joined by Jessica Smith from Grant Thornton to discuss the real-world challenges lawyers are likely to face as the AML regime rolls out. We move beyond the theory and focus on practical risk management tips and the issues firms n...

After four weeks of uncertainty, the Federal Government has announced that testamentary discretionary trusts will be exempt from the proposed 30% minimum tax on discretionary trust income. In this special update episode, I unpack what was announced, what it means for estate planning lawyers and their clients, and why I think this is a significant recognition of the unique role testamentary trusts...

As estate planning lawyers, we spend our days helping clients navigate two of life's biggest taboos: death and money. But while most of us become comfortable talking about death, talking about money can be a different story altogether. In this episode, I'm joined by money mindset coach and bestselling author Denise Duffield-Thomas to explore the beliefs and behaviours that influence how we price o...

In this episode, Professor Nola Ries from the University of Technology Sydney discusses her groundbreaking research project for developing a set of attributes of a ‘dementia capable’ lawyer, together with the report ‘Legal Issues for People Living with Young Onset Dementia in Australia’. Access the reports here: Dementia Capability for Legal Professionals Legal Issues for People Living with Young...

In this special update to our series on the family law protection of discretionary trusts and testamentary trusts, I revisit the Caldwell & Caldwell decision following the successful appeal. Back in 2025, the original trial decision attracted significant attention when a group of long-standing family trusts were found not to form part of the matrimonial property pool. The appeal court has now...

Fixed testamentary trusts are expected to be exempt from the proposed new 30% trust tax. So naturally, some people are saying: “Easy — let’s just swap testamentary discretionary trusts for fixed testamentary trusts.” Unfortunately, it’s not that simple. In this episode, I unpack what a fixed testamentary trust actually is, why it delivers very different outcomes to a testamentary discretionary tru...

We're breaking all the rules to release an extra special podcast episode on The impact of the federal budget on testamentary discretionary trusts. Our TT Precedents Club members got this last week but now you can hear my insights about: what we know about the impact of the proposed tax changes on TDTs the gaps and where we still need clarity what does this mean for testators who have died before t...

In this final episode of our series on the family law protection of discretionary trusts and testamentary trusts, I tie everything together. We’ve worked through the key cases. Now it’s time to connect the dots. In this episode, I explain how the principles from those decisions underpin the way we think about testamentary trusts in practice. From our decision trees, to coding strategy, through to...

Continuing our series on discretionary trusts and family law, in this fifth instalment, I cover the decisions of Rigby & Kingston (No. 4) and Caldwell & Caldwell. These cases look specifically at the family court's treatment of family trusts and TTs which form part of high net worth family groups established by the broader family, where control is shared amongst family members as part of a...

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...

Continuing our series on discretionary trusts and family law, in this fourth episode, I cover the decisions of Barrett & Winnie, Frederic & Brisset, and Mansfield & Mansfield. These cases look specifically at the family court's treatment of discretionary trusts established by the broader family, where control is shared amongst the family members. Read the decisions here: Barrett &...

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 prop...

In this second episode of our series on discretionary trusts and family law, I explore the decisions of Pittman & Pittman, Morton & Morton and Harris & Harris. If Kennon v Spry set the framework, these cases demonstrate how that framework is applied by the courts. Read the decisions here: Pittman & Pittman [2010] FamCAFC 30 Morton & Morton [2012] FamCA 39 Harris & Harris [2...

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: Convers...

In this episode I'm joined by special guest, Nathan Fradley FChFP, as he takes us through the ins and outs of Granny Flat Arrangements including: What they are How they are treated for Centrelink and by the ATO How to discuss them with your clients Why it's best to have a broader co-living discussion, over focusing just on "Granny Flats"; and most importantly What the broader implications might be...

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 prof...

For many clients, discretionary trusts are about one thing: protection. And when relationships break down, the question becomes: how protected are those assets, really? In this this first episode in our new series on discretionary trusts and family law, I unpack the landmark High Court decision of Kennon v Spry. It’s the authority cited in virtually every major family law decision involving discre...

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...

Most lawyers have a “basic will precedent” that’s been handed down through multiple jobs, multiple law reform changes, and at least one clause no one wants to touch. And yet… it’s still in use. In this episode, I talk through why your basic will precedent deserves a proper audit — and how quietly relying on an outdated template can create risk, inefficiency, and poor client outcomes. To make this...

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...

It’s one of the hardest moments in estate planning practice. A person has died, and as you review the will, it’s immediately obvious that the family would have hugely benefited from a testamentary trust. Asset protection. Tax planning. Flexibility for kids. All of it… missing. So the question becomes: Can we fix this after death? In this episode, I explore what happens when a testamentary trust wa...

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...

In this episode, I unpack the considerations that sit behind this decision, including: The pros and cons of a TT per beneficiary versus a shared structure When separate TTs for minors make sense — and when they add unnecessary complexity The factors that influence the right approach How to guide clients through this decision without overwhelming them Because while multiple trusts can offer flexibi...

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...