The Art of Estate Planning Podcast

This episode is a little more personal than usual. Behind the precedents, podcast, courses, and community, there’s a very clear "why" that drives everything I do — and in this episode, I’m sharing it with you. It’s the story behind the work and the reason The Art of Estate Planning exists.

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.

The buzz around Generative AI is hardly going away, and in a world where we are all over worked and time poor, it could be the solution to working faster and better. But should lawyers use Generative AI in a really useful way, right now, even where there are doubts and concerns? Our guest for this episode, Jennie Pakula, thinks the answer is Yes! As long as we're smart, careful and mindful of our...

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 Pr...

You’ve heard me sing the praises of testamentary trusts. They’re a powerful protection vehicle that offer once in a life-time tax benefits. But sometimes? They’re just plain over the top. In this episode, I’m flipping the usual script and talking about when a testamentary trust might not deliver on its promise. While testamentary trusts are one of my favourite tools, great estate planning isn’t ab...

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 l...

When preparing wills for couples, one of the trickiest questions to navigate is when the testamentary trust should actually begin. Should it start after the first death, or wait until both spouses have passed? In this episode, I unpack the considerations behind this decision, because while there’s no one-size-fits-all answer, getting the timing right can make a big difference to the tax outcomes a...

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 d...

Sometimes we’re so busy diving into the technical weeds of estate planning that we forget to zoom out and make sure the basics are crystal clear. So in this episode, we’re going back to square one: What exactly is a trust? I cover Trusts 101: no jargon, no eye rolls, just the core principles every estate planning lawyer (and their clients) needs to understand.

When you send clients their draft testamentary trust wills, do you include a written will summary? Many lawyers do, but here’s the problem: clients don’t need more dense documents to wade through. In this episode, I make the case for ditching the traditional written summary and rethinking how we empower clients to understand their wills. Because the goal isn’t more paper. The goal is confidence, c...

When was the last time you audited your testamentary trust precedent? In this episode, I step through the ultimate checklist of what every testamentary trust precedent should include, so you can audit your existing precedent to see if it’s outdated or incomplete, or evaluate any new precedents you’re considering investing in. Whether you’ve been relying on the same precedent for years, or you’re s...

In this special episode we'll hear from our guest speaker and financial adviser, William Johns, about: How to invest in a Special Disability Trust Timing considerations (during lifetime or in the will) Capital Gains Tax implications Impact on pensions and other benefits

In this episode I discuss the recent Queensland Court of Appeal case Staley v Hill Family Holdings Pty Ltd [2025] QCA 95, which considered the question of whether the trustee can vary a trust deed to change the appointor role, or if the variation is void because it undermines the supremacy of the appointor role and destroys the substratum of the trust. This is a must-listen for any lawyer who prep...

From precedent packs to online courses, there are huge opportunities for professionals to package their expertise into scalable products. In this episode, I share my tips for working out whether a digital product business is right for you. Drawing on my 6 years of experience building two digital products businesses for professional services, I cover the mindset, skills, and realities you’ll want t...

In this special episode, our guest speaker Timothy Morton breaks down the fundamental principles a will can be challenged. He’ll step us through the main ways a will can be attacked and some of the key cases in this area. You can watch Timothy's full presentation on   youtube . The cases discussed in this episode include: Hatsatouris v Hatsatouris [2001] NSWCA 408 Estate of Masters; Hill v Pl...

Meeting with clients to discuss their estate planning is core to our business, but how much time have you devoted to optimising your meeting strategy? If you’re guilty of doing the same old thing that you’ve done for years (or that your mentor taught you), you wouldn’t be alone. But if there’s anything that needs a fresh approach - it’s a meeting talking about dying and losing capacity, right?! In...

Your clients have heard you sing the praises of testamentary trusts — tax free income for minors, family law and bankruptcy protection. They’re sold. But what if we need to get the assets out? In this episode, we tackle the question head-on, covering the practical steps to withdrawing capital from a TDT when the need arises, and what to do if the TT becomes unnecessary at the client's death.

Life insurance might not get a lot of airtime in estate planning education … but when used well, it can completely transform the outcome for your clients and their families. In this episode, I’m sharing why I love life insurance as part of an estate planning strategy. We cover: How life insurance can be used to solve unequal gift dilemmas Why it’s a powerful tool for blended families The benefits...

It’s not the most common estate planning strategy … but it’s also not as rare as you might think. What do you do when a client says they want to skip over their adult children and leave everything directly to the grandkids? In this episode, we unpack: The legal and strategic considerations when skipping a generation The unexpected pitfalls that the testator is likely overlooking How to navigate th...

Estate planning isn’t just about dividing assets - it’s our final opportunity to create a lasting impact. Whether it’s supporting a favourite charity, funding medical research, or leaving a legacy for future generations, estate planning gives clients the power to give back in a meaningful way. In this episode, we have a special guest, Denise Cheng of Equity Trustees who will guide us through the w...

Are you socials ready for the next Testamentary Trust trend? Your law firm's social media isn’t just about dancing reels or legal fun facts — it’s often your prospective client's first impression of you. And if a potential client lands on your profile and can’t tell how you can help them and how to work with you in 5 seconds flat? You’re losing them. A few weeks ago, testamentary trusts had their...

It's a super common question when preparing an estate plan for a client who already has a family trust: "Can I just use my existing family trust? Why do I need a new testamentary trust"? It might sound like the simplest option, but is gifting an inheritance to an existing family trust really the smarted move? In this episode, we unpack the pros and cons of gifting to an existing family trust versu...

One of the most powerful (and intimidating) features of testamentary trusts? Their ability to stream tax-free income to minors thanks to the excepted trust income rules. If you start breaking out in a sweat the minute you have to start explaining HOW and WHY testamentary trusts offer such incredible tax free treatment for minors - this episode is for you! And here’s the good news: you don’t need t...

Codicils seem like a tidy fix. A quick amendment. A low-cost update. But are codicils actually more trouble than they’re worth? In this episode, we dig into the real risks behind the humble codicil — and whether using them is ever a good idea in modern estate planning. We cover: Why codicils were traditionally used (and whether that rationale still stacks up) The practical and legal risks they cre...

They're seen as a “must-have” in estate planning. But… are Binding Death Benefit Nominations (BDBNs) actually essential for every client? In this episode, we challenge the conventional wisdom around BDBNs — and ask whether we’ve all been giving them a little too much credit. We unpack: Situations where a BDBN makes sense — and where it might not   Why more certainty doesn’t always equal a bet...