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  1. Terry_w

    Asset Protection on Parents property when divorced

    Maybe you are thinking too much into this?
  2. Terry_w

    Asset Protection on Parents property when divorced

    An 'eligible person' can make a claim in NSW if they have been left out of a will. eligible person includes currect and former spouse (including defacto) and also soming living in a close personal relationship with the deceased. This will need to be proven in court. So she could set herself up...
  3. Terry_w

    Asset Protection on Parents property when divorced

    Affidavit would be good though as once a person is gone they can no longer give evidence in person, but can give evidence via affidavit. Shoud make sure it is in admissible form.you have to be careful about undue influence allegations down the track. see Ye v Fung (No 3) [2006] NSWSC 635
  4. Terry_w

    Asset Protection on Parents property when divorced

    Think ahead a few years on her trying to establish her claim of being a spouse or in a "close personal relationship" She would probably use - mail - photos - affidavit evidence from others that they were seen together - joint bank accounts (if any) - This reminds me of a case where a...
  5. Terry_w

    Asset Protection on Parents property when divorced

    under value transactions - s76 Succession Act http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s76.html What will the mortgage secure? What interest will the caveat notify?
  6. Terry_w

    Asset Protection on Parents property when divorced

    In This situation a testamentary discretionary trust would have worked well for the first parent. This way the surviving parent wouldn't inherit and those assets would be much more protected and available for the children. So anyone with assets should consider forming a discretionary trust in...
  7. Terry_w

    Asset Protection on Parents property when divorced

    Its not your property so not much you can do. Fake loans - can't see how that can help. Purchasing = cash in dad's hands = an asset up for grabs. But he could easily spend it.
  8. Terry_w

    Asset Protection on Parents property when divorced

    Yes she could make a claim, whether there is a will including a testamentary trust or not, whether she is left something or not. 2 basis to make the claim - one under family law and 1 under family provision chapters of the succession act. Even if there is no sexual relationship she could make...
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