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PODCAST

The Art of Estate Planning Podcast

We’re here to inform, inspire, and support you in your estate planning practice. Join your host, Tara Lucke, for a cup of tea and a chit-chat about all things estate planning.

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All Episodes

36:08

#62 Why Your Personal EPOA Won’t Protect Your Firm

The Art of Estate Planning Podcast ·

2025/11/17

Getting excited about your well-earned Christmas break?There's just one more thing I need you to add to your end of year checklist... the final piece of the puzzle that every law firm owner needs to have sorted - especially if you’re the sole director of an incorporated legal practice (ILP). Because here’s the catch: Your personal enduring power of attorney doesn’t cover your law firm. And your law society or institute can’t step in without proper authority. In this episode, I explain

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28:11

#61 Estate planning for couples: When should a...

The Art of Estate Planning Podcast ·

2025/11/10

When preparing wills for couples, one of the trickiest questions to navigate is when the testamentary trust should actually begin. Should it start after the first death, or wait until both spouses have passed?In this episode, I unpack the considerations behind this decision, because while there’s no one-size-fits-all answer, getting the timing right can make a big difference to the tax outcomes and asset protection for families.

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36:16

#60 Minors Trusts vs TDTs: The Costs of Choosing the...

The Art of Estate Planning Podcast ·

2025/11/03

Many Australians (and even some professionals) assume a minor’s trust will do the job when it comes to looking after young beneficiaries. It sounds simple, it feels safe — but in reality, it’s often a missed opportunity.In this episode, I unpack why settling for a minor’s trust can mean your clients (and their families) lose out on major tax, control, and protection benefits that a testamentary discretionary trust could have delivered. If your clients are still opting for the “basic” will

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37:41

#59 What is a trust?

The Art of Estate Planning Podcast ·

2025/10/27

Sometimes we’re so busy diving into the technical weeds of estate planning that we forget to zoom out and make sure the basics are crystal clear.So in this episode, we’re going back to square one: What exactly is a trust? I cover Trusts 101: no jargon, no eye rolls, just the core principles every estate planning lawyer (and their clients) needs to understand.

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27:44

#58 Why I stopped sending will summaries

The Art of Estate Planning Podcast ·

2025/10/20

When you send clients their draft testamentary trust wills, do you include a written will summary?Many lawyers do, but here’s the problem: clients don’t need more dense documents to wade through. In this episode, I make the case for ditching the traditional written summary and rethinking how we empower clients to understand their wills. Because the goal isn’t more paper. The goal is confidence, clarity, and clients who genuinely understand the estate plan you’ve crafted for them.

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43:28

#57 How to Spot a Strong Testamentary Trust Precedent

The Art of Estate Planning Podcast ·

2025/10/13

When was the last time you audited your testamentary trust precedent?In this episode, I step through the ultimate checklist of what every testamentary trust precedent should include, so you can audit your existing precedent to see if it’s outdated or incomplete, or evaluate any new precedents you’re considering investing in. Whether you’ve been relying on the same precedent for years, or you’re shopping around for a new set, this episode will help you make confident, informed decisions

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46:32

#56 Special Disability Trusts

The Art of Estate Planning Podcast ·

2025/10/06

In this special episode we'll hear from our guest speaker and financial adviser, William Johns, about:How to invest in a Special Disability Trust Timing considerations (during lifetime or in the will) Capital Gains Tax implications Impact on pensions and other benefits

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31:20

#55 Can a trustee change the appointor?

The Art of Estate Planning Podcast ·

2025/09/29

In this episode I discuss the recent Queensland Court of Appeal case Staley v Hill Family Holdings Pty Ltd [2025] QCA 95, which considered the question of whether the trustee can vary a trust deed to change the appointor role, or if the variation is void because it undermines the supremacy of the appointor role and destroys the substratum of the trust. This is a must-listen for any lawyer who prepares deeds of variation or trust succession documents for discretionary trusts and testamentary

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48:07

#54 From Lawyer to Leveraged: Tips for turning your...

The Art of Estate Planning Podcast ·

2025/09/22

From precedent packs to online courses, there are huge opportunities for professionals to package their expertise into scalable products.In this episode, I share my tips for working out whether a digital product business is right for you. Drawing on my 6 years of experience building two digital products businesses for professional services, I cover the mindset, skills, and realities you’ll want to consider before diving in. If you’ve been toying with the idea of packaging up your expertise

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45:38

#53 Challenge Accepted: Will Disputes 101

The Art of Estate Planning Podcast ·

2025/09/15

In this special episode, our guest speaker Timothy Morton breaks down the fundamental principles a will can be challenged. He’ll step us through the main ways a will can be attacked and some of the key cases in this area.You can watch Timothy's full presentation onyoutube. The cases discussed in this episode include: Hatsatouris v Hatsatouris [2001] NSWCA 408 Estate of Masters; Hill v Plummer; Plummer v Hill (1994) 33 NSWLR 446 Yazbek v Yazbek [2012] NSWSC 594 Estate Angius [2013] NSWSC

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40:48

#52 Rethinking the Estate Planning Meeting

The Art of Estate Planning Podcast ·

2025/09/08

Meeting with clients to discuss their estate planning is core to our business, but how much time have you devoted to optimising your meeting strategy?If you’re guilty of doing the same old thing that you’ve done for years (or that your mentor taught you), you wouldn’t be alone.But if there’s anything that needs a fresh approach - it’s a meeting talking about dying and losing capacity, right?! In this podcast episode I explore how we can re-engineer estate planning meetings to maximise

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26:35

#51 Bypassing & Breaking Up with a TDT

The Art of Estate Planning Podcast ·

2025/09/01

Your clients have heard you sing the praises of testamentary trusts — tax free income for minors, family law and bankruptcy protection. They’re sold. But what if we need to get the assets out? In this episode, we tackle the question head-on, covering the practical steps to withdrawing capital from a TDT when the need arises, and what to do if the TT becomes unnecessary at the client's death.

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30:09

#50 Life Insurance: The Unsung Hero of Estate Planning

The Art of Estate Planning Podcast ·

2025/08/25

Life insurance might not get a lot of airtime in estate planning education … but when used well, it can completely transform the outcome for your clients and their families.In this episode, I’m sharing why I love life insurance as part of an estate planning strategy. We cover: How life insurance can be used to solve unequal gift dilemmas Why it’s a powerful tool for blended families The benefits of providing liquidity when it matters most

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35:58

#49 Skipping the Kids: What Happens When Clients Want...

The Art of Estate Planning Podcast ·

2025/08/18

It’s not the most common estate planning strategy … but it’s also not as rare as you might think.What do you do when a client says they want to skip over their adult children and leave everything directly to the grandkids? In this episode, we unpack: The legal and strategic considerations when skipping a generation The unexpected pitfalls that the testator is likely overlooking How to navigate the conversation with the testator Whether you’ve seen it before or suspect it’s coming your

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50:00

#48 Charitable Giving Structures in Estate Planning

The Art of Estate Planning Podcast ·

2025/08/11

Estate planning isn’t just about dividing assets - it’s our final opportunity to create a lasting impact.Whether it’s supporting a favourite charity, funding medical research, or leaving a legacy for future generations, estate planning gives clients the power to give back in a meaningful way. In this episode, we have a special guest, Denise Cheng of Equity Trustees who will guide us through the world of charitable giving structures and how estate planning lawyers can support their clients

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33:47

#47 Are you socials ready for the next Testamentary...

The Art of Estate Planning Podcast ·

2025/08/04

Are you socials ready for the next Testamentary Trust trend? Your law firm's social media isn’t just about dancing reels or legal fun facts — it’s often your prospective client's first impression of you. And if a potential client lands on your profile and can’t tell how you can help them and how to work with you in 5 seconds flat? You’re losing them. A few weeks ago, testamentary trusts had their moment in the sun on instagram and tik tok and it was fascinating to watch which members of the

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27:56

#46 Can't I just use my family trust? Why TTs are the...

The Art of Estate Planning Podcast ·

2025/07/28

It's a super common question when preparing an estate plan for a client who already has a family trust: "Can I just use my existing family trust? Why do I need a new testamentary trust"? It might sound like the simplest option, but is gifting an inheritance to an existing family trust really the smarted move? In this episode, we unpack the pros and cons of gifting to an existing family trust versus setting up a testamentary trust in the will. While both options might look similar at first

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38:37

#45 Tax-Free Income for Minors? Here’s How...

The Art of Estate Planning Podcast ·

2025/07/21

One of the most powerful (and intimidating) features of testamentary trusts? Their ability to stream tax-free income to minors thanks to the excepted trust income rules.If you start breaking out in a sweat the minute you have to start explaining HOW and WHY testamentary trusts offer such incredible tax free treatment for minors - this episode is for you! And here’s the good news: you don’t need to be a tax expert to understand (and learn how to explain) this incredible benefit of a

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20:22

#44 Patch Job or Pitfall? The Codicil Debate

The Art of Estate Planning Podcast ·

2025/07/14

Codicils seem like a tidy fix. A quick amendment. A low-cost update. But are codicils actually more trouble than they’re worth?In this episode, we dig into the real risks behind the humble codicil — and whether using them is ever a good idea in modern estate planning. We cover: Why codicils were traditionally used (and whether that rationale still stacks up) The practical and legal risks they create Scenarios where a codicil might be a strategic choice… and when you should absolutely

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34:24

#43 Are BDBNs overrated?

The Art of Estate Planning Podcast ·

2025/07/07

They're seen as a “must-have” in estate planning. But… are Binding Death Benefit Nominations (BDBNs) actually essential for every client?In this episode, we challenge the conventional wisdom around BDBNs — and ask whether we’ve all been giving them a little too much credit. We unpack: Situations where a BDBN makes sense — and where it might not Why more certainty doesn’t always equal a better outcome when it comes to super Less isn’t always lazy — sometimes it’s smart strategy. Want

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62 results

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