Avoiding Double Stamp Duty on a Declaration of Bare Trust for a SMSF purchase of property
The Duties Act, 1997 (NSW) provides that full ad valorem stamp duty is payable on a “Declaration of Trust”. Double stamp duty can be avoided, however, if the exemption under Section 55 of the Duties Act, 1997, applies regarding “apparent purchasers” and “real...
read moreThe use of a Bare Trust by a Self-Managed Superannuation Fund (SMSF) to borrow money and purchase assets
SMSF's are becoming more and more popular and many SMSF Trustees are looking to purchase real estate as part of the superannuation fund investment strategy. There is a minefield of traps for unwary SMSF Trustees and non-compliance with the superannuation legislation...
read moreHow is Superannuation dealt with in an Estate?
The answer to how Superannuation is dealt with in Estate matters varies depending on how the superannuation policy is set up and whether there is a binding death nomination in place on the policy. What is a Binding Death Nomination? A binding death nomination is a...
read moreCan I contest a Will if the Will is not fair?
Yes, you can a challenge a Will on 2 grounds – That the Will is invalid because the Will maker lacked the mental capacity to make a Will, or did so under coercion or undue influence; or You feel that inadequate provision or no provision has been made for you in the...
read moreLeft out of a Will? Now What?
If you have been left out of what you would say is an ‘unfair Will’, you do have options. It’s always best to seek legal expert advice from an experienced Probate Lawyer as there are time limits. So What Should You Do? Firstly it is important to select the right...
read moreWhat is included in a Deceased Estate?
When someone close to you passes away, it can be difficult to work out what does and what doesn’t form part of their estate. It is important that the Executor of the deceased’s estate takes into consideration all assets and liabilities including any debts of the...
read moreConsumer Protection Laws
Consumers are protected under the Australian Consumer Law. Consumers who acquire services for personal, domestic or household use, which have a value less than $40,000 are protected. This limit of $40,000 does not apply to motor vehicles. The general protections are...
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Purchasing Property – Joint Tenancy and Tenancy in Common
People often buy property together. When purchasing property with another person, such as a spouse, family member or business partner, you have the option to make the purchase as either joint tenants or tenants in common. Where two (or more) people purchase a...
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Elder Abuse, Succession Law and the Forfeiture Rule
Elder abuse is of matter of increasing concern. It can take many forms, with financial abuse being the most common form dealt with by lawyers. The difficulties in combating and redressing elder abuse have sparked a review of the law in this area. One of the solutions...
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