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The essential guide to testamentary trusts (NSW) - In-person

Course ID CN230205_WEP1

  • Face to Face
  • 4
  • Foundation
  • 3.5 CPD POINTS

Join us for a half-day program in person, and learn the fundamental principles surrounding testamentary trusts. Whether you are a new legal practitioner, exploring a new practice area or want to refresh your knowledge, this course is for you.

Facilitated 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: 

  • “An excellent workshop with a highly knowledgeable and entertaining presenter.”
  • “Excellent by a highly experienced presenter. I was simply interested in hearing if Robert had any nuanced points of benefit to me. The answer is yes.”
  • “Seminar was excellent. Slideshow notes being provided beforehand was very useful as I was able to print and write additional notes. Robert was very knowledgeable and engaging.”
  • “Robert Monahan’s presentation manner was engaging and attention grabbing for the entire session. Lots to take from this presentation and incorporate into my practice.” 

Please note: This is program will be delivered in a hybrid format. You are currently viewing the face-to-face offering. Want to attend the webinar instead? Click here

Earn 3.5 CPD points upon completion.


Full Price $346.50

Alumni/Member Price $311.85


Start date:

21 February 2023

End date:

21 February 2023


9.30am AEDT - 1.30pm


College of Law
Level 4
570 George Street
Sydney 2000


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


Designed For

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.



All times listed for this course are Australian Eastern Standard Time (AEST). Please take note of any time differences if you are registering from QLD, WA, SA, NT or from outside Australia.



This course is not an approved CPD activity for Western Australian practitioners.



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.


Mandatories Covered

Substantive Law – 1 Points 

Professional Skills – 2.5 Points


Presenter biography

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 General Editor of the Lexis Nexis Estate Planning Service, a regular contributor to the Retirement & Estate Planning Bulletin, and an author of a number of other publications dealing with Estate Planning.


Filming and Photography

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.