Gift and loan back arrangements are a popular strategy for estate planning and asset protection. The case of Re Permewan (No 2) [2022] QSC 114 brings into question whether gift and loan back strategies can be effective. This presentation considers:
- What did the Court say in Re Permewan?
- Why was the gift and loan back unsuccessful?
- What does Re Permewan mean for earlier gift and loan cases such as Atia v Nusbaum [2011] QSC044?
- Is Re Permewan confined to Queensland or do the principles apply more broadly?
- What is the impact on gift and loan back transactions moving forward?