2025

Dealing with dodgy testamentary trusts

Published Date: 28 Feb 2025

 

Navigating the world of testamentary trusts can be tricky, particularly with the interplay of tax law with trust and estates law. This article explains what is required for a testamentary trust to come into existence, the key features and the benefits of using testamentary trusts. The author also considers the ATO’s position on testamentary trusts, vesting implications, the impact of making family trust elections and interposed entity elections, the capital gains and franked distribution streaming rules, CGT and state taxation implications.

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