Here, too, case law helps us. In essence, the definition of a fictitious credit document is a document in which the parties to the note intend to give the impression to the court (or a third party) that they have introduced a document to create legal rights and obligations different from the actual legal rights and obligations (if they exist) that the parties intended to create if they actually intended to create anyone! A loan agreement is a document between a borrower and a lender that explains a credit repayment plan. If the loan is for a large amount, it is important that you update your last wishes to indicate how you want to manage the current loan after your death. They will certainly not be treated the same by the court. The case law has helped clarify the situation and « flexible » loans are unlikely to be considered unless they are supported by a legal intention to repay the loan. A good example of « severe » credit/debt is a debt to the bank or a credit card in which the lender will sue in civil court if repayments are not maintained. On the other hand, a « soft » credit/debt is, for example, a credit from a close family member or friend whose borrower is unlikely to run out with the lender who will likely wait for the payment of the money. There are several conditions for the matrimonial loan to be properly set up. The loan documentation can be read with an indication of the date of the creation of the loan, the rate of the loan and the principal due on request. Let`s change the facts of the case study and look at what happens when John (the lender) dies while the loan is still in effect.
In this case, the matrimonial loan can be granted either according to the deceased`s will or the debt owed can again be paid to the estate. According to John`s will instructions, the personal representative must work with Mary to bring the loan into retirement. This is easier to obtain if Maria is the sole beneficiary – a tally can be made if there are other beneficiaries whose inheritance is reduced or eliminated, if the marital debt is greater than the rest of the estate. The lender spouse must pay the interest on the loan until January 30, at the end of each year in which the loan is pending, to ensure that the tax allocation rules do not apply. A record of this transaction must be kept. The interest earned by the spouse receiving the loan is to be recorded on his tax return and the interest paid by the borrower spouse can be deducted from the income from that spouse`s capital. In order to establish that the loan document is a forgery, the Tribunal must ensure that all parties to the loan note had a common intention, that the document or the acts were not intended to create legal rights and obligations. It should also be stressed that « reckless indifference » would be considered an intention. There may even be a trust created in the form of a banknote. Such confidence could, in principle, lose its confidence. We have been discussing this possibility with financial advisors for some time, as interest rates have been 1% since April 2009.
While the strategy is very useful from a financial planning perspective, consultants and their clients are concerned about the impact of this strategy if one of the parties to the agreement is at the end of the contract or if clients experience a breakdown in their relationship.