The Art of Estate Planning Podcast

36:42

#105 Richstar rises from the dead

The Art of Estate Planning Podcast ·

2026/10/05

Did the Federal Court just reheat Richstar 20 years later?In this podcast episode, I'll discuss the Federal Court decision of Filippini v Keystone Asset Management Limited and the orders the court imposed on the assets of a discretionary trust relying on the 20 year old Richstar decision. I'll share my thoughts on what this means for structuring the control of discretionary trusts for maximising asset protection and whether this erodes the centuries old principles of trust law. The

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29:45

#104 Capital Reserved Trusts: Clever Strategy or...

The Art of Estate Planning Podcast ·

2026/09/28

Capital reserved testamentary trusts sound like the perfect compromise: let a spouse benefit from the income while preserving the underlying inheritance for the bloodline.So why don’t I like them? In this episode, I unpack what a capital reserved testamentary trust actually is and why I think the strategy can undermine the very asset protection it is designed to achieve. This one gets a little technical, but if you prepare testamentary trust wills, it’s worth understanding what sits

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32:45

#103 The Estate Planning Mistakes That Can Make a...

The Art of Estate Planning Podcast ·

2026/09/21

When a relationship breaks down, the family law issues understandably take centre stage.But while everyone is focused on property settlements and parenting arrangements, the estate plan can becomes a major risk. In this episode, I unpack why updating the estate planning documents is a vital part of the separation process. Download the free conversation template to help your clientshere.

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34:24

#102 Estate Planning Roadblocks: A Psychotherapist’s...

The Art of Estate Planning Podcast ·

2026/09/14

Sometimes a client stalls on their will, ghosts you completely, or suddenly has a reaction that feels wildly out of proportion to what’s actually happening.In this episode, I’m joined by family business psychotherapist Tom Skotidas from Everpath to explore the emotional and psychological dynamics that can sit underneath estate planning and succession decisions. We talk about why wills can surface decades of family history, when a client’s behaviour might be a sign that something deeper is

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59:11

#101 Testamentary Trust 101

The Art of Estate Planning Podcast ·

2026/09/07

Need an easy way to explain testamentary discretionary trusts to your clients?This episode is a plain English introduction designed specifically for clients who want to learn more about TDTs. Estate planning lawyers, accountants and financial advisers are welcome to share it as a pre-meeting resource to help clients understand the fundamentals about TDTs. We cover what a testamentary discretionary trust is, how it works, the key benefits, and the situations where it can add real value. The

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44:29

#100 100 Episodes Later: The 10 Lessons That Changed...

The Art of Estate Planning Podcast ·

2026/08/31

One hundred episodes in, I wanted to do something a little different.In this milestone episode, I’m reflecting on the lessons that have genuinely changed the way I think about estate planning after nearly 18 years in practice, five years of the TT Precedents Club, and hundreds of conversations with lawyers around Australia. If there’s one theme running through all ten lessons, it’s this: estate planning is never static. The law changes, clients change, technology changes - and we should

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46:42

#99 The Legacy Beyond the Legal Documents

The Art of Estate Planning Podcast ·

2026/08/24

A will is an essential piece of an estate plan. But it can't capture a lifetime of stories, values and the moments that shaped who you are.In this episode, I'm joined by Karren from Forever Told to explore the idea of preserving the why behind an estate plan. We discuss the difference between a legal will and an ethical will, why storytelling can become part of a family's legacy, and how recording your values and life lessons can be just as meaningful as passing on your wealth. Because the

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54:09

#98 Guardianship or Grip? The Legal and Forensic Lens...

The Art of Estate Planning Podcast ·

2026/08/17

Elder abuse remains one of the most pressing issues in succession and protective law. This webinar examines how abuse manifests, how it can be detected, and the remedies available to safeguard vulnerable individuals.Our special guest, MaryAnn de Mestre will unpack real-world scenarios of financial exploitation, misuse of powers of attorney, and failures of guardianship systems. Gain insights into how forensic strategies can be used to trace, recover, and protect misappropriated assets, and

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47:22

#97 If I Started an Estate Planning Firm Tomorrow,...

The Art of Estate Planning Podcast ·

2026/08/10

Marketing can feel like a dirty word for lawyers. But if you're running a law firm (or hoping to one day), it's one skill you can't afford to ignore.In this episode, I share exactly how I'd market an estate planning law firm if I was starting from scratch today. We cover everything from referral relationships and networking through to social media, email marketing, SEO, paid ads and building systems that keep working long after you've switched your laptop off. The biggest takeaway? Don't

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40:21

#96 High Net Worth Clients: Not Just Standard Wills...

The Art of Estate Planning Podcast ·

2026/08/03

When a client has significant wealth, it's tempting to think they simply need a more expensive version of your standard estate plan. In reality, high net worth estate planning often requires a completely different mindset. Existing trusts, companies, SMSFs, shareholder agreements, business succession, family offices, philanthropic structures and multi-generational wealth all mean the strategy can look very different to your typical estate planning matter. In this episode, I share the key

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34:10

#95 How One Simple Question Could Change a Legacy

The Art of Estate Planning Podcast ·

2026/07/27

Australia is in the middle of a once-in-a-generation wealth transfer.But when we prepare wills, how often do we help clients think beyond the default option of leaving everything to family? At the end of the episode, I’m joined by Myles Kehoe from Variety Queensland to share a charity’s perspective on bequests, and why it matters when lawyers take the time to raise the conversation. I also discuss the findings in the JBWere’s Bequest Report and explore why charitable giving deserves a more

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27:37

#94 Your Testamentary Trust Precedents Are Gathering...

The Art of Estate Planning Podcast ·

2026/07/20

You invested in new testamentary trust precedents. You skimmed the welcome email. And then... life happened.If your testamentary trust precedents are still sitting in your inbox (or you've forgotten where you saved them), this episode is for you. In this practical episode, I walk you through exactly how to get started with your Art of Estate Planning precedents, from setting them up in your practice management system to testing your first will. We also explore the resources available to

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50:56

#93 Booked, Busy and Burnt Out…

The Art of Estate Planning Podcast ·

2026/07/13

You left your old firm for more freedom and control. Not to become the most overworked employee in your own business! In this episode, I'm joined by Caralee Fontenele from Scalable Law to talk about the trap so many law firm owners fall into. We chat about pricing, systems, hiring, strategy and why working harder is rarely the answer. Connect with Caralee athttps://scalablelegalsystems.com/law-firm-growth-call

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30:00

#92 Estate Planning Is a Team Sport

The Art of Estate Planning Podcast ·

2026/07/06

Most lawyers join a membership for the resources. The precedents. The training. The technical updates. But after spending time with our members at Law Biz Con, I was reminded that the real value often comes from something else entirely: community. In this episode, I share some of the stories that have emerged from the TT Precedents Club over the year. From members doubling their prices, to navigating major legislative changes together, to finding trusted colleagues who could step in if the

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31:59

#91 Don't Get Caught Out: Practical AML Tips for...

The Art of Estate Planning Podcast ·

2026/06/29

Back in Episode 76, we introduced the new anti-money laundering regime and what it means for estate planning lawyers. Now it's time to get practical. In this episode, I'm joined by Jessica Smith from Grant Thornton to discuss the real-world challenges lawyers are likely to face as the AML regime rolls out. We move beyond the theory and focus on practical risk management tips and the issues firms need to be on alert for. AML compliance isn't just about understanding the rules, it's about

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32:50

#90 Testamentary Discretionary Trusts Survive the Tax...

The Art of Estate Planning Podcast ·

2026/06/22

After four weeks of uncertainty, the Federal Government has announced that testamentary discretionary trusts will be exempt from the proposed 30% minimum tax on discretionary trust income. In this special update episode, I unpack what was announced, what it means for estate planning lawyers and their clients, and why I think this is a significant recognition of the unique role testamentary trusts play in protecting Australian families. I also share my thoughts on the proposed integrity

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50:16

#89 The Money Stories Costing Your Firm Thousands

The Art of Estate Planning Podcast ·

2026/06/15

As estate planning lawyers, we spend our days helping clients navigate two of life's biggest taboos: death and money.But while most of us become comfortable talking about death, talking about money can be a different story altogether. In this episode, I'm joined by money mindset coach and bestselling author Denise Duffield-Thomas to explore the beliefs and behaviours that influence how we price our services, grow our firms and invest in ourselves. If you've ever felt uncomfortable charging

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51:20

#88 Dementia capability for the legal profession

The Art of Estate Planning Podcast ·

2026/06/08

In this episode, Professor Nola Ries from the University of Technology Sydney discusses her groundbreaking research project for developing a set of attributes of a ‘dementia capable’ lawyer, together with the report ‘Legal Issues for People Living with Young Onset Dementia in Australia’.Access the reports here: Dementia Capability for Legal Professionals Legal Issues for People Living with Young Onset Dementia in Australia

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31:21

#87 Caldwell & Caldwell - The Appeal

The Art of Estate Planning Podcast ·

2026/06/01

In this special update to our series on the family law protection of discretionary trusts and testamentary trusts, I revisit the Caldwell & Caldwell decision following the successful appeal.Back in 2025, the original trial decision attracted significant attention when a group of long-standing family trusts were found not to form part of the matrimonial property pool. The appeal court has now overturned that decision — but does this actually change the law around trust protection? Read

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51:18

#86 What is a fixed testamentary trust?

The Art of Estate Planning Podcast ·

2026/05/25

Fixed testamentary trusts are expected to be exempt from the proposed new 30% trust tax. So naturally, some people are saying: “Easy — let’s just swap testamentary discretionary trusts for fixed testamentary trusts.” Unfortunately, it’s not that simple. In this episode, I unpack what a fixed testamentary trust actually is, why it delivers very different outcomes to a testamentary discretionary trust, and why it may be a poor substitute for many everyday Australian families. We explore the

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