Testamentary Trusts and the “Death Tax” Debate: Where Things Stand Now Recent Federal Budget announcements about discretionary trusts have caused confusion for many families, particularly those who have a testamentary trust included in their Will or are considering one as part of their estate plan. Some commentary described the proposed changes as a “death tax”, while others suggested testamentary trusts could lose some of their [...]

New developments in NSW guardianship law: what you need to know about restraints and “restrictive practices” If you’ve set up (or are thinking about setting up) an Appointment of Enduring Guardian in New South Wales, there’s been an important shift in how the law deals with restraints, more formally known as “restrictive practices.” These changes are already affecting families, aged care providers and legal [...]

Testamentary Trust Changes: What the Federal Budget Means for Your Will The Federal Government’s 2026-2027 budget has introduced a significant proposed change to the taxation of discretionary trusts, a change that may directly impact many wills incorporating Discretionary Testamentary Trusts (DTTs). What is changing for Testamentary Trusts? The Government has announced a proposed 30% minimum tax on discretionary trust income to apply from 1 [...]