| The Relationships Act (2008) Vic |
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| The Relationships Act 2008 (Vic) came into force on 1 December 2008. The Act deals with the way in which parties’ property and financial resources will be distributed, in the event of the breakdown of the relationship. Parties in domestic relationships (formerly known as de facto relationships) should be aware of the changes to the existing laws and may wish to contract out of the new... |
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| Tax Issues in Family Law Property Settlement |
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| Often there are tax implications that need to be considered as part of a property settlement. In resolving complex property disputes, you may be able to take advantage of exemptions from stamp duty and capital gains tax. It is recommended that you consult with your financial advisor for advice regarding the possible taxation implications of a property settlement.
Capital Gains Tax (CGT):
The... |
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| "Pre-Nup" Agreements and Do They Stand Up |
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Since December 2000, parties contemplating marriage can enter into a “pre-nuptial agreements”
Practicable example
For example, a wealthy male owning two investment properties is engaged to marry a woman who has no assets. The parties agree to enter into a Pre-Nuptial Agreement which provides that he can retain his investment properties in the event of a breakdown of... |
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| Able Australia Services v Yammas |
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| Issue:
Whether the will was signed in suspicious circumstances and whether the defendant satisfied the onus of proving that the deceased knew and approved of the contents of the will
Facts:
The testatrix was a 96 year old who died on 19 February 2007. Since 1998 she had created a number of testamentary documents including a 2004 will, a later annotated amendment to that will, and a... |
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| Irene Robertson & Ors v Zeljko Koska |
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| Issue:
Did the deceased have a responsibility to make provision for his step-children in his will?
Facts:
The plaintiffs were step-children of the deceased (who died on 3 July 2006 aged 84 years). In a will dated 10 December 2004, the deceased failed to bequeath any of his estate to them. The deceased appointed his cousin-in-law, the defendant, as executor of his will. He... |
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