Recorded Webinar: The Best Laid Plans: Estate Planning and the Family Court

Despite best intentions, the estate plan can fall apart when relationships break down and the Family Court becomes involved. This session will look at options for protecting the family assets from claims and how the Family Court is increasingly looking at the use of extended family arrangements to keep assets protected in the event of a relationship breakdown, including:

• The use of Binding Financial Agreements (BFA) to pre-empt claims. How effective are these, when should they be used and what should be included? Can a BFA prevent a family provision claim?
• Family and testamentary trusts – Family Court scrutiny and court orders, assessing “effective control” and other aspects
• Loans from parents to child – structuring for maximum protection in the event of separation
• Holding property – the benefits of joint tenancy
• Binding Death Nominations – drafting for changing circumstances
• Re-visiting the Will following a separation in the family
• The use of a deed of release in property settlements to prevent estate claims down track
• Where one party dies prior to a property settlement, what happens to their estate? What if the party dies intestate?
• Case law update