The Art of Estate Planning Podcast

Tara Lucke
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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.

  1. #90 Testamentary Discretionary Trusts Survive the Tax Shake-Up: What Now?

    4d ago

    #90 Testamentary Discretionary Trusts Survive the Tax Shake-Up: What Now?

    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 measures, what changes (if any) lawyers should be making right now, and why this whole experience has reinforced something important: even without the tax benefits, testamentary trusts remain an incredibly powerful estate planning tool. Most importantly, I want to say thank you to the estate planning community. Whether you wrote to your MP, spoke to the media, educated clients or helped raise awareness, this was an extraordinary example of lawyers coming together to advocate for better outcomes. Read the media release here.

    33 min

  2. Jun 15

    #89 The Money Stories Costing Your Firm Thousands

    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 what you're worth or raising your prices, this conversation is for you. Because helping clients create and preserve wealth is one thing. Developing a healthy relationship with money yourself is another. And sometimes the biggest opportunity for growth isn't changing your strategy, it's changing your mindset. Check out Denise's resources at www.denisedt.com

    50 min

  3. Jun 8

    #88 Dementia capability for the legal profession

    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

    51 min

  4. Jun 1

    #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

  5. May 25

    #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

  6. May 19

    #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

  7. May 18

    #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

  8. May 11

    #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
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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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