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Estate Planning: How Testamentary Trusts Work (NSW)

  • 4 hrs
  • 3 CPD Points
  • 23/02/2027 - 23/02/2027
  • Interactive
  • From $359.00
  • WBR0202_WEP_N_3
CPD Calendar

Estate Planning: How Testamentary Trusts Work (NSW)

Date & time: 23 February 2027, 9.30am to 1.30pm AEDT

Looking to better understand how testamentary trusts work and when they should be used as part of an effective estate planning strategy?

Whether you're new to wills and estates practice, looking to strengthen your understanding of testamentary trusts, or seeking practical drafting insights, this half-day program will provide the knowledge and confidence to advise clients on the appropriate use of testamentary trusts in a range of estate planning scenarios.

Led by Robert Monahan, Accredited Specialist in Wills and Estates, Monahan Estate Planning.

At the end of this course you will: 

  • Understand the various types of testamentary trusts
  • Learn taxation differences between different testamentary trusts
  • Attain essential knowledge to draft testamentary trusts
  • Understand which type of trust to appropriately apply to specific fact scenarios

Feedback from past attendees:  

  • “Fantastic presenter – probably best I’ve been to.”  
  •  Having one lecturer for half a day was a great format. It really felt comprehensive, given the complex nature of testamentary trusts.”  
  • Robert Monahan is a very skilled facilitator, he has a knack of bringing all aspects of wills and estates law into a seminar of testamentary trusts.” 
  • “I attended Mr Monahan’s webinar - essential guide to testamentary trusts and was so impressed I booked for the advanced course. I was not disappointed. The presentation was engaging and informative. I took copious notes, he had so many gems to share. Very worthwhile and practical for my practice.”  

At the end of this seminar, you will earn 3 CPD points.

Course Outline

9.30am: Welcome

9.35am: Introduction and overview 

9.40am: Introduction to testamentary trusts 

  • Contrast between will drafting and estate planning
  • What is estate planning – the proper diagnosis
  • Lawyers liability to will maker and beneficiaries

10.40am: Stretch break

10.45am: What is a testamentary trust and types of trusts 

  • Types of testamentary trusts overview
  • Testamentary trusts and taxation
  • The taxation differences

11.45am: Stretch break

11.50am: Types of testamentary trusts 

  • Minors trusts
    • Rules in Saunders & Vautier
  • Life Interest trusts
    • Payment of outgoings
    • Adequate provision for a spouse?
    • Substitute accommodation provisions
  • Special needs trusts
    • Distinguished from protective trusts
    • Social security implications
  • Charitable trusts
    • Cy-pres doctrine
    • Taxation
  • Discretionary trusts
    • Beneficiaries

12.50pm: Stretch break

12.55pm: Case Study

  • Factual scenario
  • Matters to consider

1.30pm: Close 

Robert Monahan

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 6th edition of which was published by Lexis Nexis in 2025.

"Most clients assume that lawyers are qualified to draft Wills and advise on estate planning generally. However, with the increasing complexity of asset structures and taxation issues, estate planning has become a growing specialist area. Knowledge of the use of testamentary trusts in estate planning is an essential knowledge area. This seminar looks at how testamentary trusts can be used to achieve positive outcomes for Willmakers and their beneficiaries."

This program is recommended for solicitors in NSW. It is aimed at practitioners in general practice, new lawyers, probate lawyers, family law practitioners, legal professionals who want to explore a new practice area, practitioners who would like to refresh their knowledge, financial planners, accountants and more.

This program is produced in NSW and features a NSW-based practitioner. This webinar is available to all NSW-based practitioners  

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.

Excellent workshop, appreciated the wealth of knowledge and experience.

Past Attendee

Highly relevant material and a great training overall.

Past Attendee

Presenter was exceptional, well informed and engaging. The course was well presented. Use of case studies and scenarios helped explain the content.

Past Attendee

Content and case law were relevant and up to date, great format and well-paced delivery.

Past Attendee

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