Published on 30 Oct 13
by VICTORIAN DIVISION, THE TAX INSTITUTE
In late 2012, the High Court of Australia delivered a landmark judgment on the rights of an estate of a deceased person to still claim a family law property settlement from the surviving spouse. The case reflects the increasing use of family law proceedings by adult children of blended families seeking to 'protect' their inheritance.
This paper provides you with an update on the ramifications of the High Court's decision in Stanford, and how it impacts on the family law rights of surviving spouses, ageing couples and blended families. It discuss the key issues for advisors to be aware of when dealing with separated clients and ageing couples.
In addition to entitlements to a family law property settlement after the death of one spouse, it also discusses the law relating to the care of children when one parent dies. Blended families are increasingly common, and this paper addresses the often competing rights and responsibilities of biological parents and step-parents.