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Deceased Estates Blog

Western Australian Law as at date of publication

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deeds of family arrangement

Deeds of Family Arrangement

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DEEDS OF FAMILY ARRANGEMENT – A WAY TO AVOID AND/OR FINALISE LITIGATION

 

Deeds of Family Arrangement are routinely utilized in WA by legal personal representatives, beneficiaries and others with an interest or potential interest in a deceased’s estate to record agreements made between them.

 

The purposes of this type of Deed vary according to needs and can include:

  1. avoiding and/or settling legal proceedings (including agreeing consent orders);
  2. agreeing issues such as those with respect to:
    1. estate property including real property (e.g. sale, transfer, buying out a beneficiaries interest therein, removing a tenant or trespasser, sale at an agreed price other than at market value, paying out a mortgage, removing a caveat, charging rent, paying outgoings and expenses (such as rates, taxes and duties)) and money owed to an estate;
    2. paying liabilities of the estate and producing accounts (including legal fees and other costs) and avoiding the need to pass accounts and/or tax costs in court;
    3. distributions made or to be made from an estate;
  3. recording agreements, promises and/or representations;
  4. providing documents and/or authorities;
  5. bringing the administration of an estate to an end; and
  6. providing indemnities for Executors or Administrators.

 

It is important to obtain legal advice when attempting to draft or settle the terms of a Deed and before signing and being bound by a Deed (including with respect to the intended meaning and likely consequences of the Deed, the payment of any stamp duty, capital gains tax and other costs as a result of the Deed and any limits regarding the likely enforceability of the Deed).

 

Valid 19 September 2016

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