Mr. John Turner, a 68-year-old retiree from Sydney, approached Intrepid Wealth in 2022, concerned about the future well-being of his family. He had lived a fulfilling life, enjoying a successful career as a civil engineer. However, with his health in decline, John was increasingly worried about what would happen to his wife and children after his death. His wife, Susan, had been a homemaker for most of her life, and their two children, Sarah and Tom, were both in their mid-30s but financially dependent on John to varying degrees. Sarah had recently gone through a costly divorce, and Tom was dealing with a startup business that was yet to break even.
John’s primary concern was to ensure that his family would be financially secure after his passing. He was also worried about how his estate would be managed, given that his assets included various real estate properties, superannuation, investments, and a family business.
Initial Challenges
When John came to us at Intrepid Wealth, he had several pressing concerns:
No clear estate plan: John had no formal will, and although he had thought about estate planning in the past, he had not put any actionable plans in place.
Superannuation concerns: John had about $1.2 million in his superannuation fund but wasn’t sure how to ensure that his wife and children would benefit from it.
Complex asset structure: His estate included two real estate properties in New South Wales valued at $2 million, a share portfolio worth $800,000, and a family business valued at $600,000.
Minimizing taxes and fees: John wanted to minimize the taxes and legal fees his family would have to deal with upon his death, ensuring they inherited the maximum possible amount.
Worries about family disputes: Given Sarah’s recent divorce and Tom’s startup business, John was worried about potential conflicts within the family after his passing.
John knew he needed professional advice but was overwhelmed by the complexity of the decisions he had to make. He sought our assistance in making sense of his estate and setting up a plan that would provide for his family, protect his wealth, and avoid potential conflicts.
Our Approach
At Intrepid Wealth, we have a holistic approach to financial planning, including estate planning, and this case was no different. We wanted to give John peace of mind by ensuring that his family’s financial future was secure while making the estate distribution process as seamless as possible.
Our estate planning approach for John was divided into several stages:
- Assessing John’s Financial Situation
First, we gathered comprehensive information about John’s assets, debts, and family situation. This included:
Superannuation balance of $1.2 million in a self-managed super fund (SMSF)
Primary residence in Sydney valued at $1.5 million
Investment property in Newcastle valued at $500,000
Share portfolio of $800,000, which was managed through a brokerage account
Family business, a consulting firm, worth $600,000
Life insurance policy providing $400,000 in coverage
His total estate value was around $4.5 million.
- Establishing a Will and Testamentary Trusts
We worked with John to create a clear and detailed will. He opted to set up testamentary trusts for his children, which would allow them to inherit assets in a tax-efficient manner while ensuring protection from creditors or future family disputes. Testamentary trusts are powerful tools in Australia as they allow beneficiaries to receive income with tax concessions, particularly for dependent minors, while providing asset protection.
Testamentary trusts for Sarah and Tom: Each child was allocated half of the share portfolio ($400,000 each) and equal ownership of the family business. The trust structure allowed the children to benefit from the income generated by the assets without having immediate access to the principal, protecting the assets from potential creditors or future divorce settlements.
- Superannuation and Binding Death Nominations
John’s biggest concern was ensuring that his wife, Susan, had access to the funds in his superannuation account after his death. Since superannuation does not automatically form part of an estate, we helped John make a Binding Death Nomination (BDN) in favor of Susan. This ensured that upon John’s death, Susan would receive his superannuation benefits tax-free as a dependent spouse.
Superannuation strategy: Susan would receive the entire $1.2 million in John’s SMSF. Since she was financially dependent on John, there would be no taxes on this transfer. Additionally, Susan could draw an income from the SMSF during her lifetime, ensuring her financial security in retirement.
- Minimizing Tax Liabilities
One of John’s major goals was to minimize the tax burden his heirs would face. In Australia, although there is no inheritance tax, capital gains tax (CGT) can apply when assets are sold by the beneficiaries. We developed a strategy to mitigate CGT on the sale of John’s share portfolio and investment property.
Investment property strategy: The investment property was left to Tom, as he was more financially savvy and in a better position to manage it. Upon John’s passing, we advised Tom to either keep the property for rental income or sell it strategically to minimize CGT. We calculated that if Tom held onto the property for at least another year post-inheritance, he could benefit from the 50% CGT discount for long-term asset holding.
Share portfolio strategy: Both Sarah and Tom inherited equal portions of John’s share portfolio. We set up the testamentary trusts to allow for discretionary distributions of income, which meant Sarah and Tom could utilize lower tax brackets within their trusts to receive dividends with reduced tax liabilities.
- Planning for the Family Business
The family business presented a challenge, as John wanted both Sarah and Tom to have equal ownership but wasn’t sure how to manage potential conflicts over its operations. After discussing several options, John decided to appoint a professional business manager to oversee the operations after his passing. This decision allowed the business to continue running smoothly while ensuring that both Sarah and Tom would receive dividends based on their ownership stake.
Professional business management: We connected John with a business advisory firm that would step in as interim managers to handle day-to-day operations. This solution helped avoid potential family disputes over the business and ensured that its value would be preserved for future generations.
- Preparing for Probate and Legal Considerations
To prevent delays and high legal costs during probate, we worked closely with John’s solicitor to ensure that all documentation was in order. We made sure that his will was up to date and that his testamentary trusts and BDNs were legally sound. This would help streamline the probate process and reduce potential legal fees after John’s death.
Outcome
John passed away in early 2023, but his estate plan worked exactly as he had hoped. His wife, Susan, is financially secure with income from the SMSF, and his children, Sarah and Tom, have access to their inheritance through the testamentary trusts, without facing significant tax liabilities or legal complications. The family business continues to operate under professional management, and both children receive regular dividends.
By taking a proactive approach, John was able to leave a legacy that not only provided for his loved ones but also protected them from future financial challenges.
Conclusion
This case study illustrates how Intrepid Wealth helped John Turner navigate the complexities of estate planning, ensuring his family was taken care of long after his passing. Through a combination of financial planning strategies, including testamentary trusts, superannuation planning, and tax minimization techniques, we provided John with the peace of mind he was seeking.
At Intrepid Wealth, we are dedicated to offering personalized estate planning solutions that address each client’s unique situation. Whether you have a simple estate or a complex portfolio of assets, we can help you ensure that your loved ones are protected and that your legacy is preserved for future generations.
