Property Settlement And Inheritance Misconceptions

  • the pools to be split at different percentages, depending on the contributions made by each party to each pool; or
  • pool 2 to be distributed depending on the parties entitlements and pool 1 is available to be used to make any adjustments necessary, in the event that pool 2 does not contain sufficient funds for a just and equitable split between the parties. The second approach is more likely in the event of a smaller asset pool (see size of asset pool below).
  • a contribution made by a non-related party for the care of the others spouse’s family member (the Testator). In the matter of Heath[2] it was held that wife’s “efforts” towards the care of the Husband’s elderly parents went towards the “acquisition of the exception” of the Husband’s inheritance;
  • a party’s contribution added value towards the Testators property, which was subject to the inheritance prior to the Testator’s death. In the matter of De Angelis[3] held that the Husband’s contributions to the maintenance and improvement to properties that were held by the Wife’s mother and Aunt, which formed part of the inheritance, were to be treated as a contribution under section 75(2);
  • a party may have a homemaker contribution in the content of the parties shared expectations of the inheritance (James[4]); and finally
  • a party can seek to show a tangible contribution after an inheritance is received by way of maintenance or improvement to real property.

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Aiden Dallas

Aiden Dallas

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As a freelance copywriter I love the flexibility of working anywhere across the globe and all the opportunities that come with it.