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Recorded Webinars

Recorded Webinar: The Death Knell for Gift and Loan Back Arrangements in Estate Planning?

Gift and loan back arrangements have been a controversial but popular mechanism in estate planning to re-arrange and protect the assets in an estate and favour specified recipients over others. However, the recent decision of Re Permewan may spell the beginning of the end for the
PRESENTED BY Matthew Burgess Director - View Legal , Australia

Date/Time

About the Webinar

Gift and loan back arrangements have been a controversial but popular mechanism in estate planning to re-arrange and protect the assets in an estate and favour specified recipients over others. However, the recent decision of Re Permewan may spell the beginning of the end for these sorts of arrangements. This session will examine the current landscape and what advisers should be doing now for their clients, including:

  • The elements of a gift and loan back arrangement
  • Why have people traditionally sought to enter into these arrangements?
  • How gift and loan backs have become an additional hurdle in estate litigation
  • Drafting guidance for key documents
  • Financial and taxation benefits and disadvantages of the arrangement
  • Limitations and restraints in gift and loan back arrangements
  • Risks of claw-back or sham characterisation: Atia v Nusbaum [2011] QSC 44; Re Permewan No 2 [2022] QSC 114
  • Does the reasoning in Re Permewan represent a new trajectory?
  • What can practitioners do to shore up the viability of gift and loan back arrangements? Strategies and alternatives.

Presented By

Matthew Burgess
Director, View Legal Australia,

Matthew Burgess co-founded specialist firm View Legal in 2014, having been a lawyer and partner of one of Australia’s leading independent law firms for over 17 years. Matthew’s passion is helping clients successfully achieve their goals.

Matthew specialises in holistic estate planning (including trusts, tax, asset protection, structuring, business succession and superannuation). 

He has been recognised for many years in the ‘Best Lawyers’ list in relation to trusts and estates, and wealth management/succession planning and either personally or as part of View in Doyles’ in relation to taxation, and wills, estates and succession planning.

Who Should Attend?

This webinar is suitable for lawyers and accountants throughout Australia who advise in estate planning matters. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Accountants can claim up to 1 CPD/Training hour. Lawyers can claim up to 1 CPD unit/point – substantive law . This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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