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Frequently Asked Questions

Every family’s situation is unique, but the same questions often arise. Explore our FAQs to see how we simplify complex issues and protect what matters most.

❓1. What is Division 296 and how does it affect high-wealth individuals?

From 1 July 2025, Division 296 introduces an additional 15% tax on earnings linked to super balances over $3 million.

While it targets superannuation, the broader implication is that wealth should be diversified into other vehicles like Family Protection Trusts to manage exposure and maintain estate planning flexibility.

2. How can I protect my family’s wealth from potential family law disputes (e.g. divorce)?

The most effective tool is a Family Protection Trust, designed to isolate assets from becoming part of a divorce settlement.

Unlike discretionary trusts, these trusts appoint a Leading Member and include bloodline provisions, ensuring that assets remain protected and are not split in family court proceedings. Pre-nuptial financial agreements (Binding Financial Agreements) can also be layered for added legal security.

❓3. What’s the difference between a standard Will and a Will with Testamentary Trusts?

A standard Will simply divides assets outright, but a Testamentary Trust Will allows your estate to be held in trust for beneficiaries.

This means:

✅ Assets are protected from bankruptcy, divorce, and predators.

✅ Children or grandchildren receive flexible income distributions.

✅ Beneficiaries can access tax-effective income splitting under ITAA 1997.

We always recommend Testamentary Trusts as part of a strategic estate plan.

❓4. What is a Family Provision Claim and how can I avoid it?

A Family Provision Claim allows certain people (e.g. children, spouses, ex-partners) to contest a Will if they believe they’ve been left out or not provided for adequately.

To reduce the risk:

✅ Use inter vivos structures like discretionary or Family Protection Trusts.

✅ Keep assets outside the estate.

✅ Document clear reasons for exclusions.

Regularly update your Will and Enduring Powers of Attorney.

✅ Effective planning reduces court risk and ensures your intentions are honoured.

❓5. Can I legally gift assets to family without triggering tax or

asset clawbacks?

Yes, but it must be carefully structured. If you gift assets:

Capital Gains Tax (CGT) may apply.

Deprivation rules under Centrelink may be triggered.

In bankruptcy, the “clawback” period can be up to 5 years for related-party transfers under the Bankruptcy Act.

Using a Deed of Gift, loan-back strategies, or establishing a Family Trust to make structured distributions are safer approaches. Always seek tailored advice before gifting high-value assets.

❓6. Why is an Enduring Power of Attorney (EPOA) critical in asset protection and estate planning?

An EPOA allows someone you trust to make financial, legal, and personal decisions if you lose capacity.

Without it:

✅ Your family may need to apply to a tribunal for control (costly and public).

✅ Business and trust decisions may be stalled.

✅ Distributions from trusts or control of companies may be lost.

For business owners and trustees, we also recommend an EPOA linked to a Successor Director clause or control of family trusts to prevent control falling into the wrong hands.

What Our Clients Say

Your feedback means so much to us.

D.A.

Business Owner

Gold Coast

"Their approach to structuring my business and investments has been transformative. They identified risks I hadn’t even considered and implemented strategies that now give me confidence that my assets and income are protected for the long term. What really stands out is their ability to make complex matters easy to understand, allowing me to make informed decisions without the jargon."

K.W.

Investor

Brisbane

“As a long-term investor, I’ve worked with many advisors over the years, but none have offered the level of clarity and strategic insight that Robert and the RLH Advisory team provide. From the outset, they took the time to understand my goals — not just the financial side, but the legacy I want to build.”

T.P.

Professional

North Brisbane QLD

“Robert made the whole process so easy."

“Robert made the whole process so easy."

“Robert Hills assisted with the strategy for my Enduring Power of Attorney and my Will. From the very beginning, he was warm, friendly, and incredibly professional. He really listened to what I wanted and took the time to understand my wishes.

Robert explained everything in simple, easy to follow terms, which helped me feel calm and confident about my decisions. He took away all the stress I’d been feeling and gave me real peace of mind knowing everything is now in place.

I can’t thank Robert enough for his care and professionalism. Now I have an Enduring Power of Attorney and Will prepared by specialist lawyers. I have no hesitation in highly recommending his services.”

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