How to Master Testamentary Trusts (NSW)
How to Master Testamentary Trusts (NSW)
Date & Time: 3 March 2026, 9.30am to 1.30pm AEDT
Ready to take your testamentary trust knowledge from competent to confident?
This advanced program is designed for practitioners who already understand the basics and want to master the art and strategy behind testamentary trusts. Join Robert Monahan, Accredited Specialist in Wills and Estates, and gain the insight and precision needed to deliver exceptional advice to your clients.
By the end of this session, you will:
- Deepen your understanding of the different types of testamentary trusts and when to use them.
- Identify tax advantages and traps to deliver smarter estate planning outcomes.
- Strengthen your expertise in asset protection strategies.
- Master trustee duties, powers and beneficiary rights.
- Gain practical knowledge to draft and prepare testamentary trusts with confidence and precision.
Facilitated by Robert Monahan, Accredited Specialist in Wills and Estates, Monahan Estate Planning.
Feedback from past attendees:
- “Fantastic presenter – probably best I’ve been to.”
- Having one lecturer for half a day was a great format. It really felt comprehensive, given the complex nature of testamentary trusts.”
- Robert Monahan is a very skilled facilitator, he has a knack of bringing all aspects of wills and estates law into a seminar of testamentary trusts.”
- “I attended Mr Monahan’s webinar - essential guide to testamentary trusts and was so impressed I booked for the advanced course. I was not disappointed. The presentation was engaging and informative. I took copious notes, he had so many gems to share. Very worthwhile and practical for my practice.”
At the end of this seminar, you will earn 3 CPD points.
Course Outline
9.30am: Welcome
9.35am: Introduction and overview
9.40am: Testamentary trusts and taxation
- Tax traps
- The issues surrounding GST, capital gains and stamp duty
- Testamentary trusts and asset protection
- Protect beneficiaries for themselves
- Protect beneficiaries from claims by creditors or estranged spouses
- Maintain capital for more than one generation of beneficiaries
10.40am: Stretch break
10.45am: Complexity vs knowledge and approval
- Drafting issues
- Superannuation issues
- Issues around family trusts and other structures used by clients
11.45am: Stretch break
11.50am: Case study and drafting testamentary trusts
- Factual scenario
- Matters to consider
- Practical drafting exercises
1.30pm: Close
This program is recommended for solicitors in NSW. It is aimed at practitioners in general practice, advanced practitioners looking to upskill, probate lawyers, family law practitioners, financial planners, accountants and more.
This program is produced in NSW and features a NSW-based practitioner.
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 you hold a practising certificate in a state or territory other than Western Australia and 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.
Practitioners holding WA practising certificates are not eligible to earn CPD points for this course.
The time listed for this course is Australian Eastern Daylight Time (AEDT). Please take note of any time differences if you are registering from QLD, WA, SA, NT or from outside Australia.
This course complies with the mandatory requirements of Substantive Law and Professional Skills.
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 www.MonahanEstatePlanning.com.au
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.
"This seminar is suitable for lawyers who have done the Essential Guide course, or who have a reasonable understanding of the use of testamentary trusts in Will drafting and estate planning generally. The seminar looks at the drafting of testamentary trusts, and in particular testamentary discretionary trusts. We will look at various drafting options and how to develop a user-friendly precedent."
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