Even though most of the Dixons Advisory complaints are yet to be submitted, the CSLR has already allocated a $24 million bill to the industry. Good financial advisers will be forced to pay for the nefarious and neglectful acts of bad ones for years to come.
After years of regulatory turmoil and a violently shifting business landscape, the advice industry may be on the cusp of a relatively calm period. For advisers, this could be the right time to reflect, revise and even reset their business.
Investment bonds ‘ideal vehicle’ to protect will wishes: Foresters
Just because a family member is bequeathed an asset by a departed loved one, that doesn’t mean the asset will fall into their hands. And with the proliferation of legal challenges to wills mounting, families are being urged to consider investment bonds as an alternative vehicle to transferring wealth in estates.
As opposed to most other assets, investment bonds are separate to the holdings within a deceased estate and therefore not subject to probate, a fact that makes it much more difficult to dispute the nominated beneficiary as the one who takes ownership.
According to Emma Sakellaris, chief executive at member-owned financial services company Foresters Financial, this feature has become increasingly significant as more people challenge testator wills.
“We’re observing an increasing number of legal challenges to testamentary charitable donations because family members feel aggrieved at the quantum of the gift, particularly when compared with their entitlement,” Sakellaris says.
“When donations are challenged, charities are often highly reluctant to contest the matter in court for fear of a legal dispute reflecting poorly on their brand and impacting future donations and bequests – particularly in the current economic environment in which beneficiaries are under increasing cost-of-living pressures.
“So, charities will often agree quietly to a reduced donation with the executor, effectively meaning the testator’s wishes have not been fully honoured.”
The value of investment bonds in providing surety plays a strong role when individuals are intent on donating to a charity, she adds, as it provides “peace of mind” to both the charitable recipient and the testator.
“It also means the charity is receiving untied funds without the involvement of an intermediary trustee, which would mean additional administrative and management costs and requirements,” Sakellaris says, adding that an investment bond negates the need to establish an Ancillary Fund (Private Ancillary Fund (PAF) or Public Ancillary Fund (PuAF), both of which have the potential to be complex and costly.
“Donations to PAFs or PuAFs are irrevocable and cannot be accessed by the donor under any circumstances. But with investment bonds, the funds can always be accessed if and when required by the individual and the individual maintains control of the investment decisions and can switch between investment options during the lifetime of their bond,” she says.
“This is good for charities because it means donors are more likely to bequeath larger sums with confidence knowing they can access the funds if there is a financial need. Importantly the donation can also be made to the charitable recipient during the testator’s lifetime, at the discretion of the testator.
“It provides an opportunity for the individual to establish their philanthropic legacy during their lifetime, and potentially further contribute upon their passing.”
