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Kylie Wilson

LLB (Hons), BA

Partner - Brisbane

Areas of Expertise

Dispute Resolution & Litigation, Superannuation, Funds Management & Financial Services, Agribusiness, Private Client Practice

Contact Kylie

+61 7 3135 0514 kylie.wilson@holdingredlich.com Connect

Expertise

Kylie is an experienced succession planning law expert and a Self Managed Superannuation Fund Professionals’ Association of Australia Ltd Accredited SMSF Specialist Advisor.

Kylie works closely with advisors to prepare compliant solutions for a diverse range of individual clients with complex structures as well as rural and business clients and families with diverse dynamics. 

She has been awarded the SPAA CEO Scholarship and the SMSF Association Prize for the Professional Certificate in Self-Managed Superannuation Funds from the University of Adelaide Business School.

Kylie is listed in The Best Lawyers in Australia 2021 to 2024 edition for Wealth Management / Succession Planning Practice for Queensland. 

Experience

Kylie’s key areas of expertise are as follows:

Succession Planning

  • advice and implementation of asset protection, stakeholder and business succession arrangements
  • high level inter-generational rural and business succession planning including specialised tax and revenue advice and structuring for long term family succession arrangements 
  • drafting, review and amendment of trust deeds including removal of beneficiaries 
  • trust litigation 
  • tax and other revenue advice including advice regarding the small business CGT concessions in relation to a variety of transactions
  • estate planning, including:
    • preparation of wills including testamentary trusts
    • rural succession planning including sale of livestock and plant using section 70-100 and Division 40 elections (ITAA 97)
    • review of financial strategy statement of advice and application to estate planning objectives
    • share splits to give effect to control of company entities on death
    • updating SMSF trust deeds and advising on compliance issues arising out of review during the estate planning process
    • providing advice regarding the necessity of having a binding financial agreement for the purpose of estate planning for blended families and in business and rural succession
    • updating precedents to reflect changes in legislation or tax rulings.
  • estate administration, including:
    • applications for probate 
    • asset and liability identification 
    • advising executors in relation to their duties
    • beneficiary identification
    • advice and application to the Supreme Courts of both Queensland and New South Wales for statutory Wills, rectification of wills, construction, testamentary capacity and undue influence.

Corporate

  • Group restructures (contentious and non-contentious)
    • asset sale agreements
    • share buy-back arrangements
    • share-split arrangements
    • replacement asset rollover and share buy-back arrangements to tax effectively transition unpaid present entitlements between entities.

Commercial

  • advice in relation to limited recourse borrowing arrangements
  • advice in relation to super splitting
  • group restructures including complex amendments to discretionary trust deeds to remove beneficiaries without resettlement and application for family trust exemptions under the Duties Act Qld 
  • joint venture negotiations and agreements
  • partnership agreements 
  • business succession agreements
  • partnership dissolution and restructuring 
  • shareholders agreements, preparation and review
  • Supreme Court matters relevant to proprietary estoppel, minority shareholder issues and misleading and deceptive conduct in family business disputes.


Publications

16 May 2023 - Knowledge

Choosing executors carefully is an essential aspect of any estate plan

#Private Client Practice

A recent New South Wales Supreme Court decision serves as yet a further reminder of the need to carefully consider the appointment of executors under the terms of your will.

30 January 2023 - Knowledge

What’s the best business structure for your family business?

#Agribusiness, #Private Client Practice

With 2023 well underway, now is the time to give your business structure a new year health check. We look at the differences between partnerships, companies and trusts.

02 December 2022 - Knowledge

Carefully consider your estate's executors

#Private Client Practice

A recent case illustrates the problems that can arise when testators fail to give careful consideration to selecting their executors.

25 October 2022 - Knowledge

ACCC makes a move on Dairy Code compliance

#Private Client Practice, #Agribusiness

A case reminds all dairy processors that breaching the Dairy Industry Code of Conduct may result in ACCC enforcement action, including court proceedings.

18 September 2022 - Knowledge

Recent Victorian Court of Appeal decision a warning to trustees of discretionary trusts

#Private Client Practice, #Superannuation, Funds Management & Financial Services

The Court has removed a trustee from a family discretionary trust after finding they failed to give ‘real and genuine’ considerations to two beneficiaries when distributing income.

05 July 2022 - Knowledge

High Court ruling clears up SMSF binding death benefit nomination question

#Private Client Practice, #Superannuation, Funds Management & Financial Services

A recent High Court decision confirms that self-managed superannuation fund (SMSF) members do not need to follow the binding death benefit nomination requirements prescribed in regulation 6.17A of the Superannuation Industry (Supervision) Regulations.

08 June 2022 - Knowledge

Steps to claiming an executor’s commission

#Private Client Practice

As the executor of an estate, you may be entitled to claim commission for the responsibility you undertake in administering the deceased's estate. We explain the options available to you to claim a commission.

30 March 2022 - Knowledge

When does the survivor under a mutual will agreement have trustee obligations?

#Private Client Practice

A recent case has provided a detailed analysis of the law on mutual will agreements and its effectiveness as an estate planning tool in modern blended families.

16 November 2021 - Knowledge

When your attorneys are not enduring

#Private Client Practice

When preparing an enduring power of attorney, who you choose to appoint is a critical decision.

18 October 2021 - Knowledge

Bank of Mum and Dad – a handout or a hand up?

#Private Client Practice

With parental financial assistance on the rise, we outline some common problems that parents face and discuss why it is important to seek legal advice before helping your children.

18 August 2021 - Knowledge

Families can fracture in dealing with arrangements for ageing parents

#Private Client Practice

A recent case demonstrates the challenges families can face with aged care arrangements.

22 June 2021 - Knowledge

When executors of your will fall out

#Private Client Practice, #Dispute Resolution & Litigation

A recent dispute between two executors of a will shows that conflict can result in increased costs and significant delays in administering a deceased estate.

Upcoming Seminars

31 May 23

IBAC and the Victorian Ombudsman | Victorian Local Government Series 2023

IBAC and the Victorian Ombudsman have investigated a number of complaints in relation to Victorian local councils and produced a series of reports. In this presentation, partner Joseph Monaghan, will provide a basic overview of IBAC and the Victorian Ombudsman, their respective roles and functions under their establishing legislation and an overview of recent IBAC and Ombudsman investigation reports involving local councils.

Register now

05 Jun 23

Emergencies, flooding and legal liability | Victorian Local Government Series 2023

The recent extreme flood events raise a series of legal issues including the liability of local councils for decisions that expose residents and businesses to greater risk from flooding events, and remedial steps to address past decision-making. In this webinar, partner Joseph Monaghan and lawyer Jacob Atkinson will discuss these topics.

Register now

14 Jun 23 - Canberra

Seminar | Challenges in the workplace series: Absenteeism

In the third and final seminar of the series, partner Andrew Klein and senior associate Natasha Jones, explore the legal risks associated with returning absent employees to work. This includes ill and injured workers, chronic absenteeism, Comcare issues, 'work from home' related issues and COVID 'return reluctance'. In the course of the seminar, our speakers will work through hypothetical scenarios with reference to relevant regulatory APS frameworks and recent case law.

Register now

Holding Redlich respectfully acknowledges the Traditional Owners of the land on which we operate as the continuing custodians of this land. We recognise their continuing connection to Country, practices, knowledge systems and communities. We pay our respects to Elders, past and present.

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