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Shared Property Ownership Agreements

Rates for such an agreement vary on what is involved From $855.00 plus GST

Other Services:
Enduring Power Of Attorney
Estate Administration
Contracting Out Agreements
(Prices on Application)

(click here for information on Bank of Mum and Dad and
Family trusts)

Case Study

Case 1 :

Client is in the construction business. It is going through hard times.

Prior to issues arising, family trust was established. Director of the construction company is not a trustee of the family trust.

Family house sold into family trust and equity gifted to trust. As a company director not a trustee of his family trust, his name did not appear on the certificate of title of his property after it was transferred to family trust.

At same time, money he put into the company advanced by way of loan to his family trust and on lent to the company. The Family Trust takes security over the company. The net result is that when the company failed, the family trust got its money back first. Client was able to keep his family house.

Case 2 :

Client is in the export business. He travels frequently and has had relationship issues. A family trust is established and his house is sold into his family trust. He has 2 boys from an earlier relationship. His will leaves all his assets to his family trust. Client develops pancreatic cancer and dies at age 49. 

After his death, the assets owned by the client are left to the family trust. All the assets are liquidated and held in cash deposits.

Client is concerned about long term relationships of his 2 boys and does not want history repeating itself.1 boys is not married and 1 is married to a person who is significantly older than him. Rather than the assets now held in the family trust being gifted to the 2 boys, 1⁄2 the cash assets are lent to each son as opposed being given outright to each son. The net result is that each boy gets his share of his Dad’s assets but if the relationship falls apart the boy’s shares are not lost to a partner or spouse.

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