The ATO has released a draft ruling ( TD 2026/D1 ) that creates a real and immediate tax risk for many wills and estate plans that include a “right to occupy” or “right to reside” in the family home.   In short, the ATO’s draft view is that many of these rights will not qualify for the main residence capital gains tax ( CGT ) exemption when the property is eventually sold.   This can result in unexpected and significant CGT for estates and beneficiaries.   Why this matters  

Family Feud - not a game show you want to be in! If you know the game show ‘Family Feud’ there are winners and losers.  Similarly, when it comes to family feuds over family wealth there will be winners and losers but with devasting effect, tearing families apart.   With my recent client, whose names have been changed for anonymity, such devasting effect can’t be understated.  This brings into focus the importance of ‘ Family Inclusive Estate and Succession Planning ’ and havi

"I love you wills" - don't let love be a burden Valentine's Day brings romance, roses, chocolates and champagne. For an estate planning lawyer, Valentine's Day means reviewing clients that have "I Love You” Wills.   It is used by many married couples where each spouse leaves all their assets to the survivor.  Upon the surviving spouse passing, then their remaining assets are left to their children.  While this type of estate planning is simple, for an estate planning lawyer,