The Art of Estate Planning Podcast

Tara Lucke

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.

  1. 6 days ago

    #87 Caldwell & Caldwell - The Appeal

    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 the decision here

    31 min

  2. 25 May

    #86 What is a fixed testamentary trust?

    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 trade-offs around asset protection, flexibility, control, and protecting beneficiaries from poor decisions or outside influence — and why many families choose testamentary discretionary trusts for reasons that have nothing to do with tax. Because when it comes to estate planning, focusing on tax alone can mean missing the bigger picture entirely.

    51 min

  3. 19 May

    #85 Are TDTs dead? The impact of the federal budget on TDTs

    We're breaking all the rules to release an extra special podcast episode on The impact of the federal budget on testamentary discretionary trusts. Our TT Precedents Club members got this last week but now you can hear my insights about: what we know about the impact of the proposed tax changes on TDTs the gaps and where we still need clarity what does this mean for testators who have died before the budget announcement but their TDT doesn't own any assets yet should you still be recommending TDTs to clients? do past clients need to update their TDT wills?

    57 min

  4. 18 May

    #84 How Family Law Shapes Estate Planning Strategy

    In this final episode of our series on the family law protection of discretionary trusts and testamentary trusts, I tie everything together. We’ve worked through the key cases. Now it’s time to connect the dots. In this episode, I explain how the principles from those decisions underpin the way we think about testamentary trusts in practice. From our decision trees, to coding strategy, through to the drafting embedded in our precedents. Because understanding the cases is one thing. Translating them into practical, repeatable systems that support consistent outcomes is another.

    35 min

  5. 11 May

    #83 Family Law Protection of Trusts: Rigby & Kingston and Caldwell & Caldwell

    Continuing our series on discretionary trusts and family law, in this fifth instalment, I cover the decisions of Rigby & Kingston (No. 4) and Caldwell & Caldwell. These cases look specifically at the family court's treatment of family trusts and TTs which form part of high net worth family groups established by the broader family, where control is shared amongst family members as part of an intergenerational wealth transfer strategy. Read the decisions here: Rigby & Kingston (No. 4) [2021] FamCA 501Caldwell & Caldwell [2025] FedCFamC1F 506

    38 min

  6. 4 May

    #82 Family Law Protection of Trusts: Woodcock & Woodcock (No 2)

    Continuing our series on discretionary trusts and family law, I cover the decisions of Woodcock & Woodcock (No 2) and Aarons & Aarons. Woodcock & Woodcock has the potential to shake up the asset protection of discretionary trusts, expanding the meaning of 'property' to include beneficiary's rights to due consideration and administration. Read the decisions here: Woodcock & Woodcock (No 2) FedCFamC1F 173Aarons & Aarons (No 4) [2022] FedCFamC1F 502

    34 min
  7. #81 Family Law Protection of Trusts: Barrett & Winnie, Frederic & Brisset, and Mansfield

    27 Apr

    #81 Family Law Protection of Trusts: Barrett & Winnie, Frederic & Brisset, and Mansfield

    Continuing our series on discretionary trusts and family law, in this fourth episode, I cover the decisions of Barrett & Winnie, Frederic & Brisset, and Mansfield & Mansfield. These cases look specifically at the family court's treatment of discretionary trusts established by the broader family, where control is shared amongst the family members. Read the decisions here: Barrett & Winnie [2022] FedCFamC1A 99 Frederic & Brisset [2024] FedCFamC1F 801 Mansfield & Mansfield & ORS (No.3) [2018] FCCA 970

    23 min
  8. #80 Family Law Protection of Trusts: Bernard, Coley & Danae, and Dovgan

    20 Apr

    #80 Family Law Protection of Trusts: Bernard, Coley & Danae, and Dovgan

    In this third instalment of our series on discretionary trusts and family law, I discuss the decisions of Bernard & Bernard, Coley v Danae, and Dovgan & Dovgan These cases look at how testamentary trusts will be treated by the family courts, the effectiveness of joint controllers, and whether trusts controlled by a Respondent's parents can be drawn into their family law proceedings as property of the parties. Read the decisions here: Bernard & Bernard [2019] FamCA 421  Coley v Danae [2020] WASCA 13  Dovgan & Dovgan [2021] FamCA 306

    33 min
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5
out of 5
17 Ratings

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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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