When Good Advice Matters
How Smart Structuring Protected a Young Homeowner and Avoided $83,000 in Tax Liability
At McCarthy Durie Lawyers, we often say that quality legal advice is an investment, not a cost — and one recent matter illustrates that perfectly.
A young client approached us after purchasing an investment property with significant financial support from her father. At her father’s request, she had agreed in principle to transfer a half interest in the property to her step-mother, reflecting her father’s contribution to the purchase. That proposal was commercially sensible and aligned with everyone’s expectations.
However, the contract her step-mother’s lawyer prepared told a very different story.
Instead of transferring a 50% interest, the document effectively sold the entire property to the step-mother — for nil consideration. To add to the concern, our client was under substantial emotional pressure to sign immediately, without independent advice or time to reflect.
Recognising the gravity of the situation, we convened a round-table conference with our client, her father, her step-mother’s advisors and senior members of the MDL property team. That meeting became the turning point.
Through careful questioning and a close analysis of the father’s underlying commercial objectives, it quickly became clear that:
Transferring the entire property was not only unnecessary, but directly contrary to the father’s intended commercial outcomes;
No transfer at all — not even a partial one — was required to achieve his desired commercial objectives; and
Proceeding with the proposed contract would have triggered approximately $83,000 in avoidable transfer duty and capital gains tax.
By reshaping the transaction with more appropriate asset-structuring mechanisms, we were able to:
Achieve the father’s intended commercial outcomes;
Protect our client’s full ownership of her home;
Preserve family harmony by resolving a difficult point of tension; and
Avoid a significant and entirely unnecessary tax impost.
This matter is a timely reminder that the real value of legal advice is not simply in drafting documents. It is in understanding the underlying commercial drivers, identifying risks, and designing practical solutions that protect both relationships and assets.
Sometimes, a modest investment in high-quality advice doesn’t just save money — it safeguards homes, preserves families, and provides clients with clarity and confidence at critical moments in their lives.
If you’re facing a property, structuring or family-asset issue — or if something doesn’t “feel quite right” — reach out to our Property Law team at McCarthy Durie Lawyers. Early advice can protect your rights, your relationships and your financial future. We’re here to help.
