The Art of Estate Planning Podcast

Sometimes a client stalls on their will, ghosts you completely, or suddenly has a reaction that feels wildly out of proportion to what’s actually happening. In this episode, I’m joined by family business psychotherapist Tom Skotidas from Everpath to explore the emotional and psychological dynamics that can sit underneath estate planning and succession decisions. We talk about why wills can surface decades of family history, when a client’s behaviour might be a sign that something deeper is going on, and how psychotherapy can complement the work of lawyers, accountants and advisers. If you’ve ever had a client who was “almost ready” to sign… and then disappeared, this episode will give you a completely different lens on what might be happening.

Need an easy way to explain testamentary discretionary trusts to your clients? This episode is a plain English introduction designed specifically for clients who want to learn more about TDTs. Estate planning lawyers, accountants and financial advisers are welcome to share it as a pre-meeting resource to help clients understand the fundamentals about TDTs. We cover what a testamentary discretionary trust is, how it works, the key benefits, and the situations where it can add real value. The purpose is to empower your clients to understand how a TDT could help their loved ones and have a clear idea of whether it's something they want to explore in their estate plan.

One hundred episodes in, I wanted to do something a little different. In this milestone episode, I’m reflecting on the lessons that have genuinely changed the way I think about estate planning after nearly 18 years in practice, five years of the TT Precedents Club, and hundreds of conversations with lawyers around Australia. If there’s one theme running through all ten lessons, it’s this: estate planning is never static. The law changes, clients change, technology changes - and we should too. Thank you for listening, learning and growing with me for 100 episodes. I’m very grateful you’re here.

A will is an essential piece of an estate plan. But it can't capture a lifetime of stories, values and the moments that shaped who you are. In this episode, I'm joined by Karren from Forever Told to explore the idea of preserving the why behind an estate plan. We discuss the difference between a legal will and an ethical will, why storytelling can become part of a family's legacy, and how recording your values and life lessons can be just as meaningful as passing on your wealth. Because the greatest inheritance isn't always measured in dollars. Sometimes it's the stories, wisdom and memories that help future generations understand where they came from—and why the decisions in your estate plan mattered. Explore the Ethical Will demonstration discussed in this episode in The Professional Lens, Issue 01. Through a fictional family farm case study, it shows how families can preserve their stories, values and the reasoning behind succession and inheritance decisions.Get complimentary access to The Professional Lens, Issue 01 here.For the example of how a family explains the why behind its estate decisions, skip to page 25.

Elder abuse remains one of the most pressing issues in succession and protective law. This webinar examines how abuse manifests, how it can be detected, and the remedies available to safeguard vulnerable individuals. Our special guest, MaryAnn de Mestre will unpack real-world scenarios of financial exploitation, misuse of powers of attorney, and failures of guardianship systems. Gain insights into how forensic strategies can be used to trace, recover, and protect misappropriated assets, and how the law can better respond to abuse that is often hidden or ignored. This episode is a must listen if you want to understand how to identify red flags, pursue remedies, and strengthen protective frameworks — ensuring the rights and dignity of older persons are preserved. Watch the full conversation on youtube.

Marketing can feel like a dirty word for lawyers. But if you're running a law firm (or hoping to one day), it's one skill you can't afford to ignore. In this episode, I share exactly how I'd market an estate planning law firm if I was starting from scratch today. We cover everything from referral relationships and networking through to social media, email marketing, SEO, paid ads and building systems that keep working long after you've switched your laptop off. The biggest takeaway? Don't try to do everything. Choose a strategy that plays to your strengths, speaks to your ideal client, and is sustainable enough that you'll actually stick with it. Because the best marketing plan isn't the fanciest one—it's the one you'll still be doing a year from now.

When a client has significant wealth, it's tempting to think they simply need a more expensive version of your standard estate plan. In reality, high net worth estate planning often requires a completely different mindset. Existing trusts, companies, SMSFs, shareholder agreements, business succession, family offices, philanthropic structures and multi-generational wealth all mean the strategy can look very different to your typical estate planning matter. In this episode, I share the key considerations I work through when advising high net worth clients, from collaborating with accountants and financial advisers, to protecting family wealth across generations, tailoring governance structures, managing project scope and knowing when a matter has outgrown your comfort zone. If you're ready to step into more sophisticated estate planning work, this episode will help you think beyond the will.

Australia is in the middle of a once-in-a-generation wealth transfer. But when we prepare wills, how often do we help clients think beyond the default option of leaving everything to family? At the end of the episode, I’m joined by Myles Kehoe from Variety Queensland to share a charity’s perspective on bequests, and why it matters when lawyers take the time to raise the conversation. I also discuss the findings in the JBWere’s Bequest Report and explore why charitable giving deserves a more intentional place in the estate planning conversation. You can access the report here.

You invested in new testamentary trust precedents. You skimmed the welcome email. And then... life happened. If your testamentary trust precedents are still sitting in your inbox (or you've forgotten where you saved them), this episode is for you. In this practical episode, I walk you through exactly how to get started with your Art of Estate Planning precedents, from setting them up in your practice management system to testing your first will. We also explore the resources available to support you and I'll give you the kick up the butt that you didn't know you needed. I promise, it's much easier than you think.

You left your old firm for more freedom and control. Not to become the most overworked employee in your own business! In this episode, I'm joined by Caralee Fontenele from Scalable Law to talk about the trap so many law firm owners fall into. We chat about pricing, systems, hiring, strategy and why working harder is rarely the answer. Connect with Caralee at https://scalablelegalsystems.com/law-firm-growth-call

Most lawyers join a membership for the resources. The precedents. The training. The technical updates. But after spending time with our members at Law Biz Con, I was reminded that the real value often comes from something else entirely: community. In this episode, I share some of the stories that have emerged from the TT Precedents Club over the year. From members doubling their prices, to navigating major legislative changes together, to finding trusted colleagues who could step in if the unthinkable happened. Because sometimes the most valuable thing in your business isn't what you know. It's who you've got in your corner.

Back in Episode 76, we introduced the new anti-money laundering regime and what it means for estate planning lawyers. Now it's time to get practical. In this episode, I'm joined by Jessica Smith from Grant Thornton to discuss the real-world challenges lawyers are likely to face as the AML regime rolls out. We move beyond the theory and focus on practical risk management tips and the issues firms need to be on alert for. AML compliance isn't just about understanding the rules, it's about knowing how to apply them in practice.

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.

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

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

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

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.

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?

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.

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

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