Assessing Contributions – Inheritances, Loans and Gifts

Date uploaded:
15 Mar 2021

Bronia Tulloch and Caroline Jenkins discuss the authorities relevant to common issues in the assessment of contributions in family law property cases. The emphasis is on situations where money or property has been provided to a party to a marriage by family members. Does it form part of the asset pool? How does it affect the assessment of contributions?

The case law discussed covers the treatment of “gift vs loan”, resulting trusts and the presumption of advancement, the impact of timing on the weight to be given and the treatment of inheritances.