NSW Disclaim gift as beneficiary to avoid asset pool

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Rochelle G

Active Member
16 July 2019
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my ex husband has signed a disclaimer for his inheritance to avoid this going into our family law matter. (Not that I would take this) but how can i prove that once settled he will then receive funds from his brother so he correct financial position is not show on family law matters. It will state that he has a property I have a property and I will have cash worth 40k which he will ask for half however after separation has been finalised will revive 100k. What do I do so I keep the 40 he will be better off and I have full time care of 1 child
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
If the inheritance is recent, in cash & been kept in a separate bank account to your joint funds, then it would probably not be included in the joint pool anyway... It WILL need to be declared in paperwork, I doubt a disclaimer will alter that, BUT, it should only be considered a financial resource that he has for future needs that you do not... depending on the size of the inheritance, that sometimes has a bearing on final outcomes