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...

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:

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 vi...

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:

In this episode, I explain why this gap in your risk manageme...

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 oft...

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...

In this special episode we'll hear from our guest speaker and financial adviser, William Johns, about:

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:

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...

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:

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 inc...

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:

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:

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 Precede...

It's a super common question when preparing an estate plan for a client who already has a family trust: "Can I just use my existing family trust? Why do I need a new testamentary trust"?

It might sound like the simplest option, but is gifting an inheritance to an existing family trust really the smarted move?

In this episode, we unpack the pros and cons of gifting to an existing family trust versus setting up a testamentary trust in the will. While both options might look similar at first glance, the differences can have big...

One of the most powerful (and intimidating) features of testamentary trusts? Their ability to stream tax-free income to minors thanks to the excepted trust income rules.

If you start breaking out in a sweat the minute you have to start explaining HOW and WHY testamentary trusts offer such incredible tax free treatment for minors - this episode is for you!

And here’s the good news: you don’t need to be a tax expert to understand (and learn how to explain) this incredible benefit of a testamentary trust.

This is trust talk for...

Codicils seem like a tidy fix. A quick amendment. A low-cost update. But are codicils actually more trouble than they’re worth?

In this episode, we dig into the real risks behind the humble codicil — and whether using them is ever a good idea in modern estate planning.

We cover:

If you’ve ever had that uneasy feeling after ex...

They're seen as a “must-have” in estate planning. But… are Binding Death Benefit Nominations (BDBNs) actually essential for every client?

In this episode, we challenge the conventional wisdom around BDBNs — and ask whether we’ve all been giving them a little too much credit.

We unpack:

Want more information about your BDBN Precedent package for self managed super funds? Find out h

In this episode, Tara chats with Lidia Vicca, founder of Vicca Law, about her bold career shift from being a top-tier litigator to running her own boutique estate planning firm.

After welcoming her first child, Lidia knew something had to change. The demanding hours, uncomfortable suits, the constant grind — it no longer aligned with the kind of life she wanted to build. So she did what many dream of (but few follow through on): she backed herself and built a firm from scratch, on her terms.

We chat about:  

Binding Death Benefit Nominations (BDBNs) — nearly every Australian super fund member has one, yet they remain one of the most misunderstood pieces of the estate planning puzzle.

Its frightening how many clients have accidently DIY-ed their succession plan for one of their biggest assets without realising how complex (and powerful) these nominations really are.

In this episode, we unpack:

What a BDBN is and why it carries so much legal weight

The difference between nominating a beneficiary directly vs the legal personal representative (LPR)

Common misconceptions when it comes to...

What happens when a top-tier tax lawyer trades Sydney harbour views for the quiet charm of regional WA? You get Bernadette Terry — founder of Great Southern Wills and an absolute gem in the estate planning space.

In this episode, we chat with Bernadette about her bold move from big law to boutique life in the coastal town of Albany, WA. She shares the highs, the challenges, and how she’s carved out a fulfilling and profitable niche practice far from the city grind.

If you’ve ever daydreamed about leaving the corporate hustle behind, this episod...

Welcome to 2025, where crypto wallets, NFTs, and digital assets are an everyday part of the estate planning conversation — and a growing challenge for lawyers.

In this podcast episode, crypto-consultant Jamie Reed will step us through best practice for:

With the end of financial year around the corner, it’s the perfect time to review what’s working in your firm... and what’s quietly eating into your profits.

So if your gut’s been whispering “should I be charging more?” — this episode is your cue to stop ignoring it.

In this timely episode, we unpack:

This episode is for anyone who's curious about what it takes to stop dabbling and start getting serious about offering estate planning to your clients.

Whether you've seen how good us estate planning lawyers have it and want some of that freedom & joy for yourself, or you think estate planning could be a perfect complement to your existing specialisation - this episode lifts the lid on why estate planning is a booming industry, why estate planning is a highly profitable and enjoyable episode and why you don’t need to be an estate planning expert to start (yo...

Ever wondered what actually goes into keeping estate planning precedents sharp, shiny, and up-to-date?

Spoiler alert: it's a lot more than a quick cut-and-paste job.

In this episode, we're lifting the curtain on the latest update release for our precedents — sharing the behind-the-scenes chaos, decisions, late night edits, and why we’re so obsessed with making sure every clause earns its keep.

If you’re a precedent nerd like us (nerds unite!) or just curious about how the sausage gets made, this episode is your backstage pass.

It's tempting to just pop an extra clause into a client's will to cover off on the succession plan for their family trust - but this is far from the gold standard in discretionary trust succession.

In this episode, I'll explain why that approach is ""so 90s"" and share my tips on how to implement a failproof succession plan for family trusts.

If you want to dive into this topic in more detail, check out our detailed free training video "Succession Planning for Discretionary Trusts"

Naming guardians for minor children in a Will is, hands down, one of the most emotional (and often avoided) parts of estate planning. It’s heavy, it’s real, and it's the most important decision you'll ever make. 

As estate planning lawyers, we know this decision is too important to ignore.  

In this episode, I share my tips on how to support clients to make a thoughtful, values-based decision (instead of just defaulting to the nearest relative who seems okay-ish).   

We cover:  

Why clients procrastinate on naming guardians (and how to gently get...

Whether you're just starting out in estate planning or you're a seasoned succession lawyer, having the right tools at your fingertips can make all the difference to finding the answers fast and staying on top of law changes.

In this episode, I’ve dug into my little black book of estate planning resources to bring you my carefully curated guide to the best podcasts, courses, precedents, and communities in the industry.

Download our list here.

Naming the right people to handle financial decisions in an estate plan isn’t just important - it’s everything.  

Executors, trustees, and financial attorneys wield serious power, and a poor choice can lead to delays, lost opportunities, and potentially years wasted in court.

But for many clients, these roles are a complete mystery.

So, how do you guide them toward a well-considered and balanced decision?

Supporting your clients in choosing the right people for these roles is one of the most valuable things you can do as an estate planner, and i...

Many testators want to keep the peace and treat everyone fairly, so they suggest appointing all their kids as executors. Sounds smart, right?

Well… perhaps not.

While having more than one executor can provide accountability and share the heavy load, it can also lead to delays, disputes, and general chaos (cue dramatic courtroom music).

So, when is appointing multiple executors a smart move, and when is it a ticking time bomb?

In this episode, we break down:

Blended families bring unique challenges when it comes to estate planning.  

From balancing competing interests to ensuring no one gets left out (or left too much!), it can often feel like there’s no perfect solution.  

In this podcast, Kate Redman will take us through the key considerations and potential solutions when helping blended families craft a solid estate plan.

Just because you can do something yourself doesn’t mean you should.  

As lawyers, we’re literally trained to be the go-to problem solvers — but trying to do everything (from legal work to bookkeeping) is a one-way ticket to burnout.  

So, how do you decide what to DIY and what to outsource in both your law firm and your personal life?  

In this episode, we’re unpacking the great DIY vs. delegate debate.  

If you’ve ever wondered whether you should be the one doing something—or if you’re just doing it out of ha...

You know testamentary trusts are a game-changer for your clients, but actually getting started with recommending and drafting them?  

That’s a whole different ball game.  

Maybe you’re worried you don’t know enough, don’t have the right precedents, or just don’t know how to explain them to your clients.  

We’ve got you!  

In this episode, we’re mapping out the exact resources available to support you to confidently add testamentary trusts to your estate planning services.  

And because we love a good shortcut, we also introduce Test...

When it comes to wills, size does matter — but maybe not in the way you think.  

Some lawyers swear by a short-and-sweet approach, while others draft wills that read like War and Peace.

So, what’s the right length for a basic will?  

And how do you strike the perfect balance between brevity and bulletproof legal protection?  

Tune in now to find out where to draw the line (literally)!  

If you're ready to level up your estate planning precedents, you can check out the Art of Estate Planning precedents here. Duration: 00:35:16

Let’s face it: the comments section on social media can be brutal, especially when it comes to estate planning. We’ve all seen the comments in the community facebook groups — "Wills are too expensive, just use an online will kit!" or "Lawyers aren't worth the money!" It’s frustrating, especially when we pour our heart and soul into our work.

Here’s the silver lining: criticism can be a goldmine of insight.

In this episode, we’ll chat about:

Whether you're ready to step away from a work environment that you've outgrown, or just love the idea of creating something that’s entirely yours, we’re here to help you kick off your journey with confidence!

In this episode, we’re dishing out all the unsolicited advice about what to do (and not do!) to get your estate planning firm off the ground.

Launching your own firm might feel daunting, but trust us — it’s also totally doable (and heaps of fun!).

Our Estate Planning Pricing Toolkit pack is available here.

The Youtu...

How Much Do Clients Really Need to Understand About Their Testamentary Trust Wills?  

We know testamentary trust wills are a powerful tool for legacy building, but let’s face it — explaining them to clients can feel like speaking a different language. So, how much of the trust deed does your client actually need to comprehend before signing on the bottom line?  

In this episode, we debate the delicate balance between ensuring your client understands their will’s key features, whilst not frustrating them to tears with tedious detail. We’ll share practical tips for breaking down the c...

It’s one of the trickiest questions an estate planning lawyer can face: “Will you be my executor?”

On the surface, it might seem like a compliment, a vote of confidence in your abilities. But agreeing to take on this role can come with a world of complications—both personal and professional.

Whether you’re considering saying yes or wondering how to decline without offending your client, this episode is packed with actionable advice to help you handle the conversation with confidence.

Cost agreements might not be the most glamorous part of estate planning, but they’re the secret weapon that stands between you and a lawyer’s worst nightmares — like clients who ask for a word version of the will so they can make a few changes, or forget to tell you about one of their children.  

In this episode, Tara and Carrie dive into what every estate planning lawyer needs to include in an airtight cost agreement.  

Audit your cost agreement terms with our 15 Essential Clauses To Include In Your Cost Agreement for Estate Planning Matters.<...

Let’s face it—unless you’ve been through it yourself, the idea of organising a funeral can feel overwhelming and downright intimidating. That’s why addressing funeral wishes in your clients’ estate plans is not just thoughtful — it’s essential.  

In this episode, we share some practical tips for documenting client preferences in a way that reduces future stress for loved ones, and the surprising details we discovered when we had the privilege of organising funerals.

Funeral wishes are about so much more than logistics — they’re a powerful way to honour your client’s legacy and support...

In this episode, Tara sits down with Caralee Fontenele, lawyer, entrepreneur, and the brilliant mind behind Scalable Law, to talk about how she is changing the game for law firm owners.

We explore how adopting scalable systems and strategies can help you build a firm that’s not only more profitable but also gives you the freedom to focus on what really matters - create a thriving business and reclaim the joy in your practice.

Caralee’s approach to law firm growth isn’t about working harder; it’s about working smarter.

If you’re r...

Working with farming families can give rise to some unique issues, and estate planning is no exception! 

In this episode, estate panning lawyers Claudia Maw and Nicky Grummitt share their tips and tricks for issues to have on your radar and strategies that are especially relevant for succession planning for the family farm. 

You can watch the video version of this conversation here.

In this episode, Carrie interviews financial adviser, Aime Sandri, about the impact of money blocks on the estate planning process. 

Aime shares some powerful insights about the importance of factoring in the broader elements at play when it comes to client behaviour around estate planning - from client delays through to understanding that we can’t assume every client is motivated by rationale decision making!   

You can watch the video version of this conversation here: https://youtu.be/wEuw2mGFLS0?si=Om3UttXFqSIKpWNW

When taking instructions to prepare a will, a testator will often have a whole slew of reasons justifying their decisions – from disentitling conduct of beneficiaries to particular relationship circumstances.   

Not only do testators want the validation of seeing their reasons written down, but they also want to make sure they’re given a voice ‘from the grave’. 

In this episode, Carrie interviews barrister Caite Brewer and estate planning lawyer Michele Davis who will share their wisdom for will drafters on when it is helpful to formally document a testator’s reasons and when to let sleeping dogs...

Do you get clients dragging their heels when it’s time to give you their estate planning instructions? 

It slows things down, and eats in to your profit margin. 

In this episode, Tara and Carrie dive into strategies for managing client overwhelm and turning the instruction-giving process into a smooth, stress-free experience.  

Join us for actionable insights to help you create an estate planning experience that leaves clients feeling confident, supported, and ready to move forward. 

And even better – keeps your estate planning matters fast and profitable. 

Download our list of th...

When it comes to drafting testamentary discretionary trust wills, there’s one critical issue that has been flying under the radar since 2021 - Foreign Investment Review Board (FIRB) approval. 

If you’re scratching your head wondering what FIRB has to do with estate planning – you’re not alone.  

In this episode, we unpack the risks of overlooking this sleeper issue and share practical tips to ensure your drafting sets your clients up for success (and avoids those hefty FIRB application fees!). 

If you prepare TDT wills, this episode is a must-listen.  

Tune in to sta...

Pricing future amendments to estate planning documents can feel like trying to predict the future—how do you balance client expectations with the risk and expertise involved? 

In this episode, Tara and Carrie dive into strategies for setting clear, effective pricing for amendments that keep clients happy and your practice profitable.  

We’ll walk you through ways to structure fees, communicate options with clients, and make the whole process feel like a win-win. 

Download your free resource The Essential Clauses to Include in your Cost Agreement for Estate Planning Matters here: https://www.theartof...

The words ‘Saunders and Vautier’ may trigger flashbacks to your uni succession lectures, however you may be surprised by how relevant this 1841 case is, even in 2024. 

In this episode, Tara and Carrie unpack the surprising impact of Saunders v Vautier and the advantage that testamentary trusts have when navigating this doctrine. 

Watch the in-depth training about Saunders v Vautier here: https://youtu.be/15RnQoHQZc4?si=qHJE2muXe1NlFIL3 

When devising a testamentary trust strategy, one of the most sensitive decisions is deciding how much freedom a surviving spouse should have over the trust.

Should they have full control to adapt to whatever life throws at them?

Or should there be checks in place to protect the interests of the next generation?

In this episode, Tara and Carrie dive into the fine line between flexibility and control for surviving spouses.

We share practical tips for navigating this complex issue and how to frame these decisions in a way that makes...

Talking to business owners about succession planning can be tricky. How do you explain the complexities without overwhelming them or making them feel like you’re just upselling your services?

In this episode, we break down practical strategies for helping your business-owning clients understand their succession needs—without the confusion or pressure.

We share our tips on how to simplify the conversation, so your clients feel empowered, not intimidated.

Plus, we dive into key techniques to communicate value in a way that makes clients see succession planning as a must-do, not a nice-to-have.

More profit for you, better outcomes for your clients—it’s a win-win!

In Part 2 of this topic, we share our best tips on how to help your estate planning practice thrive, so you can thrill & delight your clients, all while living your best legal career!

Download our checklist “15 ways to maximise profit on your estate planning matters”: https://www.theartofestateplanning.com.au/freebie-15-ways-to-maximise-profit

Watch our video about how changing your will binding method can make your estate planning service more profitable: https://www.youtube.com/watch?v=VDr1GWlJDQk&t=21s

Want you to feel like you’re thriving in your estate planning practice?

A key step is making sure each matter is as profitable as possible, giving you more time and energy to reinvest into delivering the best possible outcomes for your clients.

Join us for Part 1 of this topic where we share our tips for boosting your firm’s profitability while delivering even more value to your clients.

We’re all about making your life easier so we’ve packaged up all 15 tips into a handy cheat sheet here: https://www.theartofestateplanning.com.au/f...

It’s the million-dollar question (pun intended)—how much money do clients really need before a testamentary trust is worth considering? 

In this episode, Tara and Carrie step through when a testamentary trust will make sense from a financial perspective.  

If you’ve ever been unsure about when to recommend a testamentary trust based on the size of your client’s asset pool, this episode will give you the clarity you need. 

Download your free checklist “Top 10 mistakes when nominating financial controllers” here.

Watch our detailed training on the practical steps of setting up a t...

The rise of online will providers is changing the game, and clients are finding it harder to tell who's the real deal and who’s just offering a cheap, one-size-fits-all solution.

In this episode we chat about why your expertise is worth more than a cookie-cutter solution and how to confidently price your services to reflect the value you bring. Spoiler: it's not about matching their price—it's about standing out.

If you want to stand out in a crowded market and help clients see why your services are worth every dollar, this episode is a mu...

The family home is the golden goose of assets – it’s one of the last assets we can own tax free. So does it belong in a testamentary trust?

In this episode, Tara and Carrie dive into the nitty-gritty of putting the family home into a trust. We cover everything from asset protection to tax perks, plus what happens when you put that golden goose under the trustee’s wing.

Is it the right call for your clients, or could it lead to more complications?

Tune in to hear us break down the pros...

This week, we switch gears to talk about something that can make or break your estate planning practice: the customer experience.

We dive into the top things clients hate about working with law firms—from confusing processes to bad timing—and how these pain points can impact your business.

More importantly, we’ll share practical strategies to turn these frustrations into opportunities for client satisfaction and loyalty.

If you want to keep your clients delighted and your firm thriving, this episode is a must-listen.

Find out more at www.taralucke.com.au

In this episode, Tara and Carrie tackle a common dilemma in estate planning: how much flexibility should trustees of testamentary trusts for minors have, and how can we prevent them from abusing that power?

We explore the delicate balance between empowering trustees to adapt to unforeseen circumstances and the risks of giving them too much control.

Should we give trustees with wide discretion, or is it safer to limit their scope and pass control to potentially financially immature beneficiaries at age 18?

Join us as we weigh the pros and cons and share practical...

In this episode, Tara and Carrie dive into an unexpected twist in estate planning that might catch you off guard: how a testator’s super strategy on death can influence their adult children’s eligibility for the Centrelink childcare subsidy.

We chat about why this surprising connection is so important, especially for clients with adult children who have children in childcare.

If you’re advising clients on super strategies and haven’t considered this factor, it’s time to tune in and make sure you’re covering all the bases.

This episode is a must-liste...

Tara and Carrie discuss all the blocks your clients might be facing before they’re ready to say “Yes!” to investing in their estate plan. We share our tips on how to decide if you’re charging enough for your estate planning services, and how to set your prices with confidence.

Find out more at www.taralucke.com.au

In this episode, Tara and Carrie chat about the practical and technical issues which arise when assisting a couple with their estate planning where one spouse has all the assets and the homemaker spouse makes significant non-financial contributions to the family.

This episode is a must-listen for any estate planning lawyers looking to enhance their skills and client outcomes by incorporating a more holistic approach to advising clients.

Find out more at www.taralucke.com.au