This video is a filmed session from the NSW 9th Annual Tax Forum, PowerPoint slides are incorporated with the presentation. The focus of this session explored cutting-edge strategies in relation to protecting assets that do not form part of the deceased's actual estate from family provision claims. Disgruntled family members may use the NSW estate provisions to bring a family provision claim (or the threat of such a claim) against the deceased estate. These estates provisions are wide reaching, and can form a dangerous weapon to with which claimants can dismantle an estate plan. The Succession Act (NSW) 2006 enables court to treat certain property such as trusts and superannuation death benefits that is not actually part of their estate. This means that for a family provision claim, a court not only looks at the assets that were actually part of the deceased's estate on death but also the assets of the estate.
maintenance