The Art of Estate Planning Podcast

I’m setting the record straight by busting some of the most common myths about testamentary trusts that still float around both the public and the profession. By the end of this episode, you’ll have clear, confident talking points to help clients see testamentary trusts for what they really are: a practical, accessible way to protect and empower their families.

The buzz around Generative AI is hardly going away, and in a world where we are all over worked and time poor, it could be the solution to working faster and better. But should lawyers use Generative AI in a really useful way, right now, even where there are doubts and concerns? Our guest for this episode, Jennie Pakula, thinks the answer is Yes! As long as we're smart, careful and mindful of our ethical obligations. In this episode, Jennie will be sharing some ways of implementing an AI policy that allows you to capitalise on its benefits while staying compliant and mitigating risk. Want to watch this conversation on Youtube? Find it here.

Superannuation and estate planning is a complex enough topic - but when you throw testamentary trusts into the mix, things can get confusing fast! In this episode, I cut through the confusion and explain what a Super Proceeds Trust actually is, how it works, and when to use one to help your clients have their cake and eat it too. We’ll cover: The fundamentals of a Super Proceeds Trust How Super Proceeds Trust fit into your estate plan strategies Why it's such an important tool for managing super death benefits when using testamentary trusts When it makes sense to use one (and when it doesn’t) This episode will help it all make sense — and give you practical takeaways you can use straight away.

You’ve heard me sing the praises of testamentary trusts. They’re a powerful protection vehicle that offer once in a life-time tax benefits. But sometimes? They’re just plain over the top. In this episode, I’m flipping the usual script and talking about when a testamentary trust might not deliver on its promise. While testamentary trusts are one of my favourite tools, great estate planning isn’t about adding more for the sake of it; it's about truly understanding the benefits we can deliver to testators and beneficiaries. The Youtube video mentioned in this episode can be viewed here.

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 why this gap in your risk management could become a disaster if something unexpected happens, and how an Entity Power of Attorney can fix it. We’ll cover: Why your law firm needs its own emergency triage plan How an Entity POA protects your business, staff, and clients if you’re suddenly unavailable What the law society/institute and insurer actually needs to take control if the worst happens How to put this protection in place quickly (so you can relax over Christmas) Ready to get it sorted? Our Entity Power of Attorney precedent has everything you need.

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.

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 option, this episode will help you explain why a testamentary discretionary trust is often the smarter, safer choice.

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.

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.

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 about the tools you’re using in your firm. And because we like to make your life easier, I’ve packaged up the checklist into a handy free download you can grab here. If you’ve ever wondered “is my precedent good enough?” — this is the episode (and the resource) you need.

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

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 discretionary trusts. The cases discussed in this episode are: Jenkins v Ellett [2007] QSC 154 Lutheran Church of Australia South Australia District Incorporated V. Farmers' Co-Operative Executors and Trustees Ltd (1970) 121 Clr 628, 18 Staley v Hill Family Holdings Pty Ltd [2024] QSC 176 Staley v Hill Family Holdings Pty Ltd [2025] QCA 95 Mercanti v Mercanti [2015] WASC 297

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 — whether that’s templates, courses, or a membership — this episode will help you decide if it’s your next big move. Here's my Kajabi link

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 on youtube. 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 1895 Application of Brown; Estate of Springfield (1991) 23 NSWLR 535 Baumanis v Praulin (1980) 25 SASR 423 Estate of Elzow [2018] VSC 498 Borthwick v Mitchell [2017] NSWSC 1145 Re White; Montgomery & Anor v Taylor [2018] VSC 16 Estate of Slavinskyj (1988) 53 SASR 221 Re Nichol; Nichol v Nichol & Anor [2017] QSC 220 Re Yu [2013] QSC 322 Re Besanko [2020] VSC 170 Re Estate of Wai Fun Chan, deceased [2015] NSWSC 1107 Mitchell v Mitchell [2010] WASC 174 Summerville v Walsh [1998] NSWCA 222 In the estate of Öpik [2022] ACTSC 338 Estate of Blakely (1983) 32 SASR 473 Estate of Daly [2012] NSWSC 555 Bailey v Bailey [1924] HCA 21 Gertsch v Roberts; The Estate of Gertsch (1993) 35 NSWLR 631 Re Estate Capelin, deceased [2022] NSWSC 236 Azzopardi v Smart (The estate of Alice Ann Smart) (1992) 27 NSWLR 232 Copeland v Ellis and Hall [2025] ACTSC 304 Estate of Theresa Katalinic; Vea & Katalinic v Katalinic [2020] NSWSC 805 Nobarani v Mariconte [2018] HCA 36 Banks v Goodfellow (1870) LR 5 QB 549 Carr v Homersham [2018] NSWCA 65 Timbury v Coffee [1941] HCA 22 Estate Cockell; Cole v Paisley [2016] NSWSC 349 Estate Rofe [2021] NSWSC 257 Peacock v Knox [2025] NSWCA 160 Trustee for the Salvation Army (NSW) Property Trust v Becker [2007] NSWCA 136 Petrovski v Nasev; The Estate of Janakievska [2011] NSWSC 1275 Nock v Austin [1918] HCA 73 Pastrello v Saeedi [2025] ACTSC 26 Wintle v Nye [1959] 1 WLR 284 Pontifical Society for the Propagation of the Faith v Scales [1962] HCA 19 Singer v Berghouse [1994] HCA 40 Wheat v Wisbey [2013] NSWSC 537 Sgro v Thompson [2017] NSWCA 326 Alexiou v Alexiou [2025] NSWCA 164 Bassett v Bassett [2021] NSWCA 320 McCosker v McCosker (1957) 97 CLR 566 Re Fulop Deceased (1987) 8 NSWLR 679 Alexiou v Alexiou [2024] NSWSC 1340 Madigan v Love; Madigan v Love [2025] NSWSC 558

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 impact and enhance client connection, whilst increasing your profitability and minimising your risk.

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.

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

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 way, this episode will help you prepare.

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 toward strategic philanthropy.

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 TT Precedents Club were able to capitalise on this opportunity and which firms were left behind. In this episode, I'm sharing some of my thoughts on the non-negotiables every estate planning lawyer should have on their social media profile. This isn’t about your content going viral. It’s about turning profile visits into paying clients. Tune in to learn how to make your online presence feel like your most confident, client-converting self. Download our free conversation template here to help make it even easier to create your social media posts.