Everand Logo

Welcome to Everand!

  • Discover millions of ebooks, audiobooks, and so much more with a free trial

    Only $11.99/month after trial. Cancel anytime.

    Collection of Inside Stories 2016
    Collection of Inside Stories 2016
    Collection of Inside Stories 2016
    Ebook106 pages1 hour

    Collection of Inside Stories 2016

    By Matthew Burgess

    ()

    Read preview

    About this ebook

    View is results focused and passionate about delivering solutions in a way that aligns with our 'SPS' - service and price satisfaction - guarantee.

    LanguageEnglish
    PublisherMatthew Burgess
    Release dateMar 14, 2017
    ISBN9781925406467
    Collection of Inside Stories 2016
    Author

    Matthew Burgess

    Matthew Burgess is one of the founders of specialist firm View Legal. Having the opportunity to help clients achieve their goals is what he is most passionate about. As Matthew always works in conjunction with trusted advisers (whether it be accountants, financial advisers or other lawyers) and their clients, finding ways to fundamentally improve the value received by those advisers, and in turn their clients, has led him to develop numerous game changing models. Examples include providing guaranteed upfront fixed pricing, founding what is widely regarded as Australia’s first virtual law firm, and more recently, developing a platform that gives advisers access to market leading advice and support for less than $1 a week. Matthew’s specialisation in tax, structuring, asset protection, estate and succession planning has seen him recognised by most leading industry associations including the Tax Institute, the Weekly Tax Bulletin and in the 2014 'Best Lawyers' list for trusts and estates and either personally, or as part of View, since 2015 in ‘Doyles’ for taxation and since 2017 for wills, estates and succession planning. Work is one aspect of his life Matthew loves, so there is no need to be constantly searching for 'balance'. His other great loves are: 1. Family – they are profiled in various ways through the series of children’s books he has written under the pseudonym 'Lily Burgess' – see www.wordsfromdaddysmouth.com.au and various TV commercials; 2. Learning – going cold Turkey on television and most forms of media in late 2005 has radically increased Matthew’s ability to study the great authors and inspired him to publish a series of books that explore the concept of 'true success' – see www.thedreamenabler.com.au 3. Health – aside from being a foodie and swimming at least a 5km a week, Matthew installed a stand up workstation in 2007 and among a few other lifestyle choices, it changed his life.

    Read more from Matthew Burgess

    Related to Collection of Inside Stories 2016

    Related ebooks

    Business & Financial Law For You

    View More
    View More

    Related podcast episodes

    Related articles

    • Article

      Busting Trust Myths

      Sep 3, 2020

      “Trust busting” is the term often used to describe instances where a court finds in favour of a claimant trying to access trust assets. Here, though, I do not want to talk about “trust busting”. Instead I want to bust some trust myths. There has been

      2 min read

    • Article

      Fiduciary Rule Struck Down But Plan Sponsors Not Off the Hook

      Apr 23, 2018

      On March 15, 2018, the 5th Circuit Court vacated the entire DOL fiduciary rule. The decision essentially nullifies the rule, which was designed to require financial professionals to put their clients' needs ahead of their own when advising them on re

      4 min read

    • Article

      Trust Issues

      Aug 15, 2022

      Trust Issues
      4 min read

    • Article

      A Smart Option for Transferring Wealth Through Generations: The Dynasty Trust

      Oct 2, 2021

      Under the new Biden administration, the president has made his intentions clear about the potential to change the tax code. I believe tax increases are forthcoming; he’s already stated his position on income taxes and capital gains taxes as well as e

      4 min read

    • Article

      The Do Over Trust: Protecting Your Adult Children from Themselves

      Mar 4, 2019

      Wealthy parents and grandparents who have dutifully planned ahead for their children's futures should consider this cautionary tale. It's 1998: You accumulated sizable estate assets and you and your lawyer created an irrevocable dynasty trust for y

      2 min read

    • Article

      Could Your Trust Be Disregarded By The Courts?

      Mar 20, 2021

      THE fact that you have a written trust deed is no guarantee that your assets are secure and the trust is safe from attack. If you never intended to create a genuine trust from the outset, it may be attacked and labelled a sham trust. On the other han

      3 min read

    • Article

      You Have a Will - Is It Time for an Estate Plan?

      Jun 21, 2018

      Most people have a will. But a simple will often doesn't cover some complex issues facing your heirs, which is why I recommend an estate plan. I work with doctors, accountants and other professionals, small-business owners and people getting ready to

      3 min read

    • Article

      Could Your Trust Be Disregarded By The Courts?

      Mar 20, 2021

      THE fact that you have a written trust deed is no guarantee that your assets are secure and the trust is safe from attack. If you never intended to create a genuine trust from the outset, it may be attacked and labelled a sham trust. On the other han

      3 min read

    • Article

      Could Your Trust Be Disregarded By The Courts?

      Mar 20, 2021

      THE fact that you have a written trust deed is no guarantee that your assets are secure and the trust is safe from attack. If you never intended to create a genuine trust from the outset, it may be attacked and labelled a sham trust. On the other han

      3 min read

    • Article

      Could Your Trust Be Disregarded By The Courts?

      Mar 20, 2021

      THE fact that you have a written trust deed is no guarantee that your assets are secure and the trust is safe from attack. If you never intended to create a genuine trust from the outset, it may be attacked and labelled a sham trust. On the other han

      3 min read

    • Article

      Once You Create a Living Trust, Don’t Forget to Fund It

      Oct 26, 2020

      Far too often, when I review prospective clients’ trust documents and financial statements, I find that their accounts haven’t been titled in the name of the trust they created. Did they mistakenly believe that simply by having a trust, their assets

      3 min read

    • Article

      To Trust Or Not To Trust

      Aug 1, 2019

      To Trust Or Not To Trust
      6 min read

    • Article

      How Can a Trust Help You Avoid Nursing Home Costs?

      Apr 28, 2020

      Contrary to the marketing messages you hear from Wall Street, retiring successfully is about much more than reaching some "magic number" in investment savings. It's also about protecting that money from retirement risks, such as taxes and long-term

      4 min read

    • Article

      How to Avoid Being Robbed Blind After You Die

      Jul 16, 2018

      In February 2018, prominent NYC attorney Steven Etkind was arrested on charges of embezzling millions of dollars from a deceased client's estate. The client's will directed the creation of charitable trusts (of which Etkind served as co-trustee), fun

      5 min read

    • Article

      8 Signs Your Estate Plan May Be Worthless

      Mar 15, 2018

      Most people hate reviewing their estate plan, and I can't say I blame them. From tax law and complex documents, to trusts and health care directives, the intricacies can be daunting. Plus, talking about life after death isn't anyone's favorite activi

      4 min read

    • Article

      Is Anything Wrong with Your Estate Plan? Here are 5 Common Mistakes

      Feb 20, 2020

      A few years ago, I received a phone call from a woman understandably upset that she might not inherit any of her deceased father's large 401(k) plan, even though he was divorced and she was an only child. Unfortunately, about a year before, her fath

      4 min read

    • Article

      What Type of Trust Solution is Best for You?

      Apr 30, 2018

      Over the years, I have recognized that much of the estate planning we do at my firm involves trusts. Trusts are valuable structures that allow you to maximize tax-planning opportunities within your estate plan, spell out specifically how you want to

      3 min read

    • Article

      How To Plan Your succession

      Oct 14, 2022

      How To Plan Your succession
      5 min read

    • Article

      Plan For The Best

      Oct 2, 2019

      Plan For The Best
      6 min read

    • Article

      Beneficiary Designations: 5 Critical Mistakes to Avoid

      Apr 5, 2019

      Many people might not realize that their will does not control who inherits all of their assets when they die. Many assets pass by beneficiary designation -- which is the ability to fill out a form with the financial company holding the asset and na

      3 min read

    • Article

      The (Only) 3 Reasons You Should Have an Irrevocable Trust

      Jul 27, 2020

      Despite what you may have heard, you probably do not need (or want) an irrevocable trust. When you create an irrevocable trust you are creating a document you cannot change easily, and the property you transfer to the trust is no longer in your contr

      5 min read

    • Article

      The Lowdown on Living Trusts

      Mar 24, 2022

      If you’re putting together an estate plan, you have no doubt heard about the benefits of a living trust. Assets placed in a trust won’t go through probate, a time-consuming and potentially costly process. In addition, a living trust, also known as a

      5 min read

    • Article

      Getting Cross About The Cross-lease

      Dec 29, 2023

      Q We have a neighbour who shares a cross-lease with us and three others in Auckland. The neighbour is putting an 8x4 metre unit on the back of their property, which will overlook ours and severely impact our privacy. It is openly opposed by us and th

      6 min read

    • Article

      Your Questions Answered

      Sep 30, 2022

      Q I have never been much of a rebel, but my energy bills have shot up to more than £200 a month which, like many others, I am struggling to pay. I saw press coverage of a campaign called ‘Don’t PayUK’, which is calling for people to cancel their dire

      4 min read

    • Article

      Your Estate Could be Bankrupt Unless You Protect Against This

      Jun 14, 2018

      To be truly comprehensive, estate planning needs to be about more than passing your wealth down to your heirs. It needs to be about how to protect it while you're still alive. To illustrate the point, let's examine the case of Sara and Jonah Williams

      2 min read

    Related categories

    Reviews for Collection of Inside Stories 2016

    0 ratings

    0 ratings0 reviews

    What did you think?

    Tap to rate

    Review must be at least 10 words

      Book preview

      Collection of Inside Stories 2016 - Matthew Burgess

      Cover.jpgTitle.jpg

      National Library of Australia Cataloguing-in-Publication entry

      Creator: Burgess, Matthew, 1973- author.

      Title: Collection of Inside Stories 2016 / Matthew Burgess;

      ISBN: 9781925406467 (ebook: epub)

      Subjects: Burgess, Matthew, 1973-

      View Legal (Firm) Legal services—Australia.

      Finance, Personal—Australia.

      Assets (Accounting)—Australia.

      Tax planning—Australia.

      Estate planning—Australia.

      Other Creators/Contributors: DBS.

      Collection of Inside Stories 2016 Copyright 2017

      Matthew Burgess

      The moral right of the author has been asserted.

      Without limiting the rights under copyright reserved above, no part of this publication may be reproduced, stored, or transmitted in any form or by any means, without prior written permission of both the copyright owner and the above publisher of this book.

      While the author has made every effort to provide accurate Internet addresses at the time of publication, neither the publisher nor the author assumes any responsibility for errors, or for changes that occur after publication.

      Further the publisher does not have any control over and does not assume any responsibility for author or third-party websites or their content.

      The information in this book is of a general nature, not intended to be specific professional advice. Please seek the opinion of a professional to advise you for your situation.

      The author’s opinions are his own and do not represent the view of any other person, firm or entity.

      Published by D & M Fancy Pastry in 2017

      Table of Contents

      Chapter 1 (c)

      Asset Protection – Family Law Cases

      A Practical Analysis of Harris

      Harris and the Missing Beneficiary

      Chapter 1 (d)

      Asset Protection – Trusts

      Richstar – Another Reminder

      Domino theory

      Corporate Trustees and the Domino Theory

      Chapter 2 (c)

      Estate Planning – General

      If you think about it, it exists

      A 101 tip in relation to executors

      What does ‘sufficiently influenced’ mean?

      Chapter 2 (d)

      Estate Planning – Challenges

      Ways to Contest a Will

      Challenging a Will due to the Lack of Testamentary Capacity

      Challenging a Will due to Undue Influence

      Challenging a Will due to a Later Inconsistent Document

      Challenging a Will due to Existence of Mutual Wills

      Challenging a Will under a Family Provision Application

      Family Provision Applications and Notional Estates

      Chapter 3 (a)

      Trusts – Tax Planning

      A Practical Perspective on Resettlements

      Chapter 3 (b)

      Trusts – Distributions

      Resolutions v minutes – is there a difference?

      Vesting Dates and Trust Distributions: measure twice; cut once – read the deed … and then some

      Chapter 3 (c)

      Trusts – Interpretation

      The One-Day Trust

      Montevento Holdings – A Practical Analysis

      Chapter 3 (d)

      Trusts – General

      Clark v Inglis and Trust Splitting

      Corporate Trustee Duty – A Practical Example

      Trust Splitting – some clarity at last

      Trust Splitting and Kennon v Spry

      Trust Cloning

      Chapter 5

      Powers of Attorney

      The continuing saga of how many powers of attorney it takes to create authority

      Chapter 7

      Structuring

      Tantalising opportunities for trust restructures under new Subdiv 328-G

      New Financial Year; new small business roll-over in play

      Bespoke Corporate Trustee Constitutions

      ASIC Records and Trust Ownership

      Chapter 9

      Adviser Tools

      Latest View app release – estate admin

      ‘Fixed’ Pricing

      The Soul of Enterprise … and the future of the professions

      Joining the Dots – the Innovator’s Dilemma and the Professions

      Causes, Not Symptoms, the Key to Business Model Reinvention

      Fixed Pricing and Change Orders

      Insights on the Journey to Value Pricing

      Gladwell and the Future of the Professions

      Outliers and the Professions

      Remaking the professional service firm

      The Incumbents Dilemma

      Pace of change an issue for incumbent professional service providers

      Your free access to our white paper on PSF innovation

      The firm of the future is in fact the firm of now

      Tinderisation of the law

      One of a kind pricing app launched

      About View

      Acknowledgement

      Chapter 1 (c)

      ASSET PROTECTION – FAMILY LAW CASES

      A Practical Analysis of Harris

      Posted 4 October 2016

      A previous post has looked at various aspects of the leading family law and trust case of Harris – see – http://blog.viewlegal.com.au/2013/09/read-deed-another-reminder-re-invalid.html

      As set out in earlier posts, and with thanks to the Television Education Network, today’s post considers some related practical issues in relation to this case and trust splitting in a ‘vidcast’ at the following link – https://vimeo.com/154687783/

      As usual, an edited transcript of the presentation for those that cannot (or choose not) to view it is below –

      Harris is an example of the interplay between using a bespoke constitution, but not doing a trust splitting exercise.

      In this situation, under an estate planning arrangement, the dad was the original shareholder and director of the corporate trustee. He died and under his estate plan, he gave shares in the company to the adviser, he gave shares to the husband (his son) and then mum (the wife) retained her shares in the trustee company.

      These shareholders also acted as the board of the trustee company.

      Inside that family trust was a family business that had been running for many years. The husband was, on all the evidence, important to that business and had a really key role. At no stage did the family attempt to split

      Enjoying the preview?
      Page 1 of 1