Assets held as trustee for others are generally not available to creditors if the trustee goes bankrupt. See Legal Tip 46: Is property held by a...
A variation of Legal Tip 235 – Should Your Spouse’s New Spouse Be Excluded from a Trust you set up? Legal Tip 235: Should Your Spouse’s New...
There is a strategy out there which involves a trust taking a mortgage over property owned in a personal name with this supposedly giving asset...
Legal Tip 250: Holding Companies as Asset Protection Vehicles Many people want to keep money in a company where it will be taxed at 30% or 27.5%...
Legal Tip 249: Liability of Spouses on Bankruptcy Under Australian law spouses are separate legal persons to each other. This means that each...
When a joint tenant owner dies their share of the property passes to the other surviving owners. There is no opportunity to deal with the property...
Legal Tip 240: Why is it safer to get all loans with a different lenders? Yesterday I read an article written by a non-lawyer who was claiming...
Hi all, I’m looking into setting up a discretionary trust to invest in property. I work in a litigious industry and want to make sure my assets...
Gifting property, including cash, shares or real property, is a great way to achieve asset protection under certain circumstances. If an at risk...
Just wondering what problems could present with both spouse names on loan for an investment property with one name on title? I know that if there...
Getting your wage deposited into a trust Bank Account A client has advised they were ‘advised’, on an expensive course, to deposit their wage...
One strategy I sometimes see promoted is an individual giving a mortgage over an existing property to a related trustee of a discretionary trust....
Legal Tip 226: Asset Protection Risks of Trusts with No Appointors Discretionary trusts usually have a position in the trust called that of...
Directors generally control a company as they are responsible for the day to day actions of the company, deciding what it will do, entering into...
I don’t advise on property law, but this topic is relevant to asset protection. The Torrens system of registration of title for real property was...
A worry for some people is that if they become shareholders of a company, they could somehow become liable for the debts of the company. This is...
A Grandparent wants to leave some money to their children, but they want their grandchildren to benefit too and are worried that if left to their...
I am hoping for some advice before we see an accountant/solicitor. My siblings and I inherited a family home in Sydney. Unfortunately prices...
The term ‘Quistclose’ comes from the name of a company (Quistclose Investments Ltd) involved in litigation in 1970 in the UK (Barclays Bank Ltd v...
Where there are 2 spouses and children if one of the spouses dies and the other inherits the assets of the deceased this can pose a risk to the...
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