Asset Protection

Table of Pocket Summaries

Term

Explanation
(from the glossary
chapter of AMEPSG)

Pocket Summary

Binding financial
agreement
A binding financial agreement is a
financial or property agreement between
parties of a marriage or other non-filial
domestic relationship
Binding financial
agreements
Clawback period For bankruptcy purposes, the period
during which an asset transferred
away from personal ownership of the
beneficiary can be "clawed back" by
the trustee in bankruptcy into the
personal estate of the bankrupt 
Bankruptcy
clawback 
Divisible
income 
Such of a bankrupt's income that can
be divided between creditors 
Bankruptcy
clawback 
Divisible
property
Such of a bankrupt's real estate and
personal property that is owned by a
bankrupt or is deemed to be owned
by the bankrupt and is available for
division between creditors
Bankruptcy
clawback 
Domestic
partner

The term used for a spouse in states
such as Victoria and Tasmania to
cover both marriages and de facto
relationships between people of a
different or the same gender 

 
Intellectual
property 
Intangible assets that are created by
a person's mind or intellect, eg
trade marks, copyright, patents 
 
Joint and
several liability
The partners in a standard (or managed)
partnership (other than partners in a
limited partnership) are jointly and
severally liable for the debts and
liabilities of the partnership
 
Obligated
parent
A person required to pay child support
either out of the person's own income
or via a child support trust
Child support
trust
Spouse In superannuation, Centrelink, Veterans
Affairs and most state and territory
legislation, the term "spouse" has been
redefined from its common law and
equity law meaning to include all
domestic partners - note that in many
trust deeds the term has not been
defined and may refer to the equity
law meaning applicable at the time
of the establishment of the trust
Binding financial
agreements

 

Case Study - EPSS - Asset Protection

Situation:

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EPSS Publications & Precedents

The 9th edition of the Moores Legal Will Precedents and the 1st edition of the booklet, Estate Planning Documents - Pocket Summaries for Professional Advisors are ...

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