9.30am: Welcome

9.35am: Introduction and overview 

9.40am: Testamentary trusts and taxation 

• Tax traps
• The issues surrounding GST, capital gains and stamp duty
• Testamentary trusts and asset protection
  • Protect beneficiaries for themselves
  • Protect beneficiaries from claims by creditors or estranged spouses
  • Maintain capital for more than one generation of beneficiaries

10.40am: Stretch break

10.45am: Complexity vs knowledge and approval 

• Drafting issues
• Superannuation issues
• Issues around family trusts and other structures used by clients

11.45am: Stretch break 

11.50am: Case study and drafting testamentary trusts

• Factual scenario
• Matters to consider
• Practical drafting exercises

1.30pm: Close

Robert Monahan, Accredited Specialist in Wills and Estates, Monahan Estate Planning 

After many years in private partnership and corporate legal environments, in 2014 Robert established Monahan Estate Planning, a boutique practice where Robert and his daughter Julia specialise in Estate Planning, and Wills & Estate Law generally. Robert consults with accountants, financial advisors and other lawyers to deliver estate planning services to their clients – see www.MonahanEstatePlanning.com.au

Since 1998 Robert has been a Law Society Accredited Specialist in the area of Wills and Estate Law. Robert is the author of a number of publications dealing with Estate Planning, including “Estate Planning: A Practical Guide” the 6^th edition of which was published by Lexis Nexis in 2025.

"This seminar is suitable for lawyers who have done the Essential Guide course, or who have a reasonable understanding of the use of testamentary trusts in Will drafting and estate planning generally. The seminar looks at the drafting of testamentary trusts, and in particular testamentary discretionary trusts. We will look at various drafting options and how to develop a user-friendly precedent."

This program is recommended for solicitors in NSW. It is aimed at practitioners in general practice, advanced practitioners looking to upskill, probate lawyers, family law practitioners, financial planners, accountants and more.

This program is produced in NSW and features a NSW-based practitioner.

The time listed for this course is Australian Eastern Daylight Time (AEDT). Please take note of any time differences if you are registering from QLD, WA, SA, NT or from outside Australia.

This course complies with the mandatory requirements of Substantive Law and Professional Skills.

If you intend to claim CPD units for this educational activity, please note that CPD activities are not accredited by the Law Society of NSW or any other equivalent local authority, with the exception of Western Australia. If you hold a practising certificate in a state or territory other than Western Australia and this educational activity extends your knowledge and skills in areas that are relevant to your practice needs or professional development, then you should claim one (1) "unit” for each hour of attendance, refreshment breaks not included. The annual requirement is ten (10) CPD units each year from 1 April to 31 March. Some practitioners, such as accredited specialists are required to complete more than ten (10) units each CPD year.

Practitioners holding WA practising certificates are not eligible to earn CPD points for this course.

Please be aware that video/audio recording may occur at professional development events organised by the College of Law for use on our website, marketing materials and publications. By attending and participating in a College of Law Continuing Professional Development course, you consent to the College of Law photographing or recording and using your image and likeness.