GENERAL EDUCATION SEMINAR “Trials and Tribulations of ... · ♦Wills ♦Deed of Mutual Wills...
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GENERAL EDUCATION SEMINAR
“Trials and Tribulations of Estate Planning”
2 November 2016 | The Epping Club
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Housekeeping
♦ This is generaladvice
♦ The information discussed in this presentation should not be used without seeking professional advice specific to your own personal circumstances
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Profile Investment Management
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Planning division
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“…Most things may never happen –this one will…”
Aubade, Philip Larkin
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My journey so far…
♦ Great-grandfather’s second family
♦ Grandma’s home contents
♦ Selling the family farm
♦ Mother-in-law’s jewellery
♦ Father-in-law’s company
♦ Executor disputes
♦ The kids are alright – or are they?
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Agenda
♦ Market and economic update
- Phillip Win, Managing Director and Chair of the Profile Investment Committee
♦ Q&A and coffee break
♦ Setting the scene – estate planning overview
- Kurt Ohlsen, Senior Financial Planner
♦ Estate planning and relationships
- Crystal Lockard, Principal, Crystal Lockard and Associates
♦ Estate planning and the law
- Rob Pearson, Principal, Creagh & Creagh
♦ Panel discussion and Q&A
♦ Profile update and close- Sarah Abood, CEO
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United States of America
“I am the king of debt…I would borrow,
knowing that if the economy crashed, you
could make a deal” – Donald Trump
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United States of America
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United States of America
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United States of America
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Europe
♦European elections a major risk for markets
♦ Increasing support for Populist parties
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China
♦Credit growth has accelerated to over 250% of GDP
♦ Is a problem looming?
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Japan
♦A period of negative interest rates
♦ ‘Act without hesitation” and defend negative rates
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Australia
♦Over the next two years, inner city apartments will grow by 16,000 in Melbourne, 12,000 in Brisbane and 10,000 in Sydney.
♦Any downturn could leave the banks very exposed particularly in Melbourne and Brisbane.
♦Bank losses would remain low unless prices were to fall 25% or more (RBA estimate).
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Overall Portfolio Strategy
♦ Steady approach – only gradual changes to PPP and PAP
♦ Portfolio’s reasonably defensive positioning remains in place (high cash, increasing alternatives)
♦ Adding strategies less reliant on equity markets going up to make money.
♦ Looking for better opportunities to add to selected growth assets (especially PAP)
Asset Class Outlook
Cash
Government
bonds
Corporate
credit
Infrastructure
Real Estate
Equities
Asset Class Outlook
Japanese Eq
Asia xJapan Eq
EM Equities
European Eq
Resources
Asset Class outlook …..but, value in the rough
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Preservation portfolio
• We continue to target strategies with lower market risk, although higher manager risk. We have actively increased our exposure to non-stock market reliant investments (Alternatives).
Source: Select fund services
Like♦ Cash
♦ Selective Credit
♦ Alternatives
Dislike♦ US equities
♦ Government bonds
Asset allocation
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Accumulation portfolio
• The challenge is deploying our cash reserves into an uncertain market. The hunt for value continues and ensuring an adequate margin of safety. We have taken advantage of equity market weakness over the year to add to our exposure.
Source: Select fund services
Like♦ Cash
♦ Asian and European
equities
♦ Alternatives
♦ Selective Credits
♦ Gold
Dislike♦ US equities
♦ Government Bonds
Asset allocation
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GOAL MEASURE PROGRESS* – to Sep 2016
Grow your wealth
relative to the cost of
living
Returns of 6% above
inflation over rolling 6
year periods (after
fees)
Medium to high
volatility
Medium to low risk of
capital loss
Standard deviation of annual
returns no more than 8% pa
Frequency: Less than 17% of
annual returns negative (ie
chance of loss < 1 year in 6)
ON TRACK?
5.4% pa, since
inceptionWell ahead of
plan
10.9% of one-year return
periods negative, since
inception
Well ahead of
plan
* 6 years NYA – showing rolling 3 year returns
55% of 3-year
returns above
objective – but
trend is down
Magnitude: Maximum loss
less than 50% that of shares.
Maximum loss 6.6% vs
15.5% for shares – 42.6%Well ahead of
plan
PAP dashboard
Inception is 5 April 2011. Past performance is calculated pre-tax and after fees and expenses, assumes distribution reinvestment but does not take into account inflation.
Neither past performance nor volatility is a reliable indicator of what may happen in the future. Neither capital nor returns are guaranteed.
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GOAL MEASURE PROGRESS – to Sep 2016
Grow your wealth
relative to the cost of
living
Returns of 4% above
inflation over rolling 3
year periods (after
fees)
Low to medium
volatility
Medium to low risk of
capital loss
Standard deviation of annual
returns no more than 4% pa
Frequency: Less than 10% of
annual returns negative (ie
chance of loss < 1 year in 10)
ON TRACK?
3.2% pa, since
inceptionAhead of plan
9.1% of one-year return
periods negative, since
inception
Ahead of plan
68% of 3-year
returns above
objective – but
trend is down
Magnitude: Maximum loss
less than 30% that of shares.
Maximum loss 3.3% vs
15.5% for shares – 21.3%Well ahead of
plan
Inception is 5 April 2011. Past performance is calculated pre-tax and after fees and expenses, assumes distribution reinvestment but does not take into account inflation.
Neither past performance nor volatility is a reliable indicator of what may happen in the future. Neither capital nor returns are guaranteed.
PPP dashboard
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Profile Portfolio Solutions – v Cash, Objective and Shares
Source: Select Fund Services and Profile Financial Services. Performance is shown from inception (5/4/2011) to 30/09/2016. Performance is calculated pre-tax and after fees and
expenses, assumes distribution reinvestment but does not take into account inflation. Neither past performance nor volatility is a reliable indicator of what may happen in the future. Neither
capital nor returns are guaranteed.
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Any
Questions?
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Trials and tribulations of Estate PlanningKURT OHLSEN
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What are we talking about?
♦Wills
♦Deed of Mutual Wills
♦Enduring Powers of Attorney
♦Enduring Guardianships
♦Superannuation Death Benefit Nominations
♦Advanced Health Directives
♦Funeral Plans
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Who are we talking about?
♦You
♦Trusts
♦Companies
♦Superannuation Funds
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Should anything be done before death?
♦Charitable giving
♦The kids (or other beneficiaries)
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The process
♦What do you want and who do you want?
♦The discussion
♦Discuss, review and document with a Solicitor
♦The conversation
♦Review
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Trials and tribulations of estate planning
Creagh & Creagh
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Crystal Lockard Robert Pearson
ESTATE PLANNING
Every family is different
Distribution of your estate and assets will depend on your relationships and personal preferences
LOOSE ENDS
• Write a will
• Power of attorney
• A health directive
• Have those difficult conversations with your family about the distribution of your assets
Tying up loose ends doesn’t mean you are giving up. What could/should you consider?
How do you start this conversation?
• What are your own feelings about doing this?
• Choose the moment
• Use stories as openers
• Divide and conquer
• Communicate with each other – as a couple, as parents, as grand-parents, or with your children if you are a single parent
Your own feelings
• Do you feel talking about this will make “bad” things happen?
• This conversation will often be related to the issue of death and dying. How do you feel about this?
• Money is often one of the last things discussed.
Choose the moment
• Avoid procrastination
• Perhaps have this conversation while doing something else
• Schedule a time
• Don’t catch someone “on the hop”
Use stories
• These are often useful as “openers”
• Examples might be current events or the death of a famous person
• Perhaps a friend has died
suddenly and un-expectedly
• Case study example
Divide and conquer
• Between parents or with children?
• In a group or individually?
• A series of talks or one long discussion?
• What are the personalities involved?
• What are the relationships like between the individuals?
Communicate your thoughts
• Who would you communicate this first to? Partners, parents?
• Consider how well you know them? How would they react?
• What words would you use?
• Couples often have different views as to how to divide their assets among the family
DIFFERENT TYPES OF FAMILIES
• One in three marriages ends in divorce
• One in five families is a step-family or blended family
• This has increased by 50% in the last decade
• What does this mean for those families in this situation?
• Often involves an emotionally balancing act
What could go wrong?
• Emotions around talking about death and dying make it a difficult topic
• Money is often considered a private matter, often taboo in society
• You can avoid surprises after death
• Skeletons often come out of the closet later. What could you do now to avoid this?
SOURCES OF CONFLICT
The main sources of family conflict after death are:
• Who gets what?
• What to keep and what to give away?
• When to sort through belongings?
• Keep or sell?
• Money, money, money!
• Treatment decisions at end of life
• Funeral decisions
What are the benefits of doing this earlier?
• Promote family harmony
• Allows you time to anticipate and respond to objections
• Ensures your wishes are known in the distribution of your estate and in health issues
• Allows you to select who will make decisions for you when you are not able to
CASE STUDY
• Jack (70) and Jill (65), married 25 years
• Jack has two adult children from a previous marriage
• Both have made wills, have set up powers of attorney and health directives
• Jack develops rapid onset of dementia. Jill is caught unawares
Wills and Estate Planning R O B E R T B R UCE PE A R SO N (A DMITT ED 1 9 82) CR E AG H & CR E AG H (E STA B LISHED 1 879 )
Be alert, not alarmed
Orderly Estate Planning in the context of making Wills and appointing Attorneys and Guardians
When is a Will not a Will? Invalid/Ineffective Wills
I. Marriage/Divorce
II. Testamentary Capacity/Duress
III. Public Policy
IV. Family Provision Act
Blended Families
I. Balancing act
II. Mutual Wills/Mirror Wills
III. Be mindful of subtle changes over time
IV. Devices such as Trusts, Testamentary Trusts, Superannuation arrangements & Life Insurance
V. Potential Problems:
I. Biological Children missing out on their rightful inheritance
II. Your step-children challenging your Estate
III. Spouse challenging your Estate
Provision during Lifetime
Direct Shares Service
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♦ Research agreement moved to Bell Potter♦ New fee structure
44 Market St, Sydney
City office premises
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2015
Acquisitions
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2016
Technology
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To-Do
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♦ Do you have an estate plan in place?
♦ Is it complete?♦ Will
♦ Power of Attorney
♦ Enduring Guardianship
♦ Advanced health directive
♦ … etc
♦ Is it up-to-date?
♦ Are the family on board?