What happens should both parties pass away during Family Court property proceedings? Our family lawyers located in Perth look at the practical implications of this.
Where a spouse passes away before property proceedings have concluded, the proceedings can be continued by the legal personal representative of the deceased party. However, there are significant practical implications that need to be considered, which are set out in this article.
In this paper Andrew Davies briefly summarises the provision of Section 106B of the Family Law Act 1975 that deals with transactions to defeat claims and how it might impact on advisors: and ways to avoid this monster.
The Court’s ability to also make orders affecting the rights of third parties creates significant uncertainty for families and businesses contemplating succession and estate planning.