The essential guide to testamentary trusts

Course ID WN210206_WEP1

  • Webinar
  • 4
  • Foundation
  • 3.5 CPD POINTS

Join us for a half-day live webinar 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: 

  • “High quality lecturer… very impressed”
  • “Fantastic format – covering theory and then working through examples.”
  • “An excellent workshop with a highly knowledgeable and entertaining presenter.”
  • “Great presenter, well informed.”
  • “Very well prepared and informative sessions.”

Scroll down for the full program

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


Full Price $346.50

Alumni/Member Price $311.85


Start date:

23 February 2021

End date:

23 February 2021


9.30am AEDT - 1.30pm

About This Course


9.30am: Login and 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


12.55pm: Case Study


1.30pm: Close

Designed for

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


Claiming CPD units

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 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. If you are in any doubt, you should check your local rules. If you practise in Western Australia, please check local rules regarding interactive activities and note that the College of Law is recognised by the Legal Practice Board of WA as a QA provider of CPD.


Mandatories Covered

The program covers the mandatory requirement of professional skills and substantive law.


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

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 this webinar organised by the College of Law may be recorded for use on our websites, 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 and/or voice.