Authors: Amanda Donovan, Ben Jefferson
Published: 9 September 2021
Pages: 27

Introduction

It is becoming ever increasingly difficult to save for a deposit on a house, and luckily for some, generous parents are able to help out so that their children can get their first step on the property ladder. These arrangements begin with the best of intentions, however, things can go wrong down the track when the parties have a different understanding of what was agreed to with a key dispute being whether the money was a gift or a loan. This paper will help enable you to work effectively with your clients in ensuring clarity about what is being agreed to and in providing robust advice if issues do emerge.

Content outline

• A loan, gift, or investment?
• Types of contributions
• What are the principles?
• Rebutting the presumption
• Burden of proof
• Evidence
• Sham documents?
• Protecting the transferee’s interests
• Protecting the transferor’s interests