WEBVTT - YIMBY! Building in the backyard: the intergenerational breakthrough 

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<v Speaker 1>Hello, and welcome to The Australian's Money Puzzle podcast. I'm

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<v Speaker 1>James Kirby. Welcome aboard everybody. If you are watching property

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<v Speaker 1>prices take off around the country, land prices to be precise, really,

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<v Speaker 1>maybe as you're gazing out your back window you might

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<v Speaker 1>be looking at an opportunity right under your nose. My

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<v Speaker 1>guest today is Nathan Fradley, financial advisor from Fradley Advice,

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<v Speaker 1>regular on the show, and we're going to talk about

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<v Speaker 1>this property opportunity which I think has been sort of

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<v Speaker 1>underplayed to some degree, and I'm really interested in what

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<v Speaker 1>he has to say about it because he has been

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<v Speaker 1>involved in it.

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<v Speaker 2>How are you, Nathan, I'm good, James six for having

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<v Speaker 2>on again.

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<v Speaker 1>Great to have you on. I mean, obviously there's a

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<v Speaker 1>couple of other things I want to talk about, but

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<v Speaker 1>I do want to put this up front, if you like,

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<v Speaker 1>just before we do. I've had I think it might

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<v Speaker 1>be one of the questions today from listeners, this ongoing

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<v Speaker 1>suggestion that most advisors, not you, but most financial advisors,

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<v Speaker 1>when you go into them, they just talk about chairs, bonds,

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<v Speaker 1>listed investments, investment platforms, funds they don't like, they don't

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<v Speaker 1>want they are not able, for one way or another,

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<v Speaker 1>to actually advise in any sensible, coherent way on property,

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<v Speaker 1>as we know direct residential property true or false, Nathan Bradley.

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<v Speaker 3>There's there's layers to this, James, And you know I

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<v Speaker 3>loved to be moderate, and you're looking for a headline

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<v Speaker 3>as well, so i'll give you.

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<v Speaker 1>I'll give you desperate for a headline today there is, Yes,

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<v Speaker 1>there's an entire empty newspaper coming out tomorrow.

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<v Speaker 3>I think the first part is to recognize that financial

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<v Speaker 3>advisors are actually only licensed to sell financial products, so

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<v Speaker 3>there is that kind of.

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<v Speaker 2>Restriction in it.

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<v Speaker 3>But I do think there's plenty of advisors out there

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<v Speaker 3>who are more than comfortable to do financial planning and

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<v Speaker 3>incorporate right strategy and property and if they are comfortable

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<v Speaker 3>in doing so, if they licensee or the business they

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<v Speaker 3>work for allows them to. But the other part of

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<v Speaker 3>it is going to be the incentive. And that's always

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<v Speaker 3>been the factor that what we are licensed to provide

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<v Speaker 3>advice on and how we are paid may create a

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<v Speaker 3>difference in how we give advice. Now, there's plenty of

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<v Speaker 3>situations where someone might say, oh, I'd like to buy

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<v Speaker 3>a property, and what they can afford and what makes

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<v Speaker 3>sense doesn't make sense, but I think there is there

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<v Speaker 3>has been, historically, more than now, I would say, a

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<v Speaker 3>tendency to just lean towards things that advisers can charge

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<v Speaker 3>a percentage fe on instead of charging for retirement advice

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<v Speaker 3>as a whole.

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<v Speaker 1>Yeah, And I suppose on one side we have the

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<v Speaker 1>fact that some of them won't give advice. On the

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<v Speaker 1>other side, we have the problem that some of them

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<v Speaker 1>give advice. And that's beautiful to you're alluding to. Okay,

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<v Speaker 1>so on those ones that do, like yourself, So we

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<v Speaker 1>have a I mean, there's obviously this ongoing notion that

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<v Speaker 1>property is expensive, but the chase the property market. Residential

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<v Speaker 1>property market is in very good shape just now, just

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<v Speaker 1>had a very good year. Forecaster for another very strong

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<v Speaker 1>year next year. A lot of demand, strong rental returns,

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<v Speaker 1>virtually zero vacancy rates in many places, capital gains, and

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<v Speaker 1>a lot of this is to do with the value,

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<v Speaker 1>if you like, of residential urban land. One of the

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<v Speaker 1>things that has not been fully explored, it's been a

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<v Speaker 1>while since I even talked about it on the show,

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<v Speaker 1>is densification and the opportunities in that area. I don't

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<v Speaker 1>mean developing, becoming a property developer yourself per se folks.

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<v Speaker 1>But I am talking about whether you are citing on

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<v Speaker 1>a piece of land that could be much better used.

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<v Speaker 1>Have you got a term for this? I know traditionally

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<v Speaker 1>it was granny flats. I think Granni flat's probably too

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<v Speaker 1>narrow these days, is it, Nathan.

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<v Speaker 3>Well, yeah, The Granni flats world is more around transferring

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<v Speaker 3>assets and living somewhere for life, versus the subdivision or

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<v Speaker 3>building the physical Granni flat, which with comes from building

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<v Speaker 3>up these I think there's two parts that as the

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<v Speaker 3>part that says, hey, we've got this space, could we

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<v Speaker 3>drop a tiny home on it, you know something that

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<v Speaker 3>and subject of planning all the other fun stuff and

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<v Speaker 3>get some additional rental board out of it. I think

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<v Speaker 3>that's definitely an opportunity out there. And then there's the

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<v Speaker 3>granny flat other side of that, which is, hey, we've

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<v Speaker 3>got this big house. We've got might be estate planning needs,

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<v Speaker 3>maybe we've got personal care needs, We've got kids that

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<v Speaker 3>need additional support, maybe we spend a lot of time

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<v Speaker 3>with them, they've got a big mortgage, whatever it might be,

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<v Speaker 3>and we are comfortable living together and for whatever is

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<v Speaker 3>in the estate planning and the stars all ALIGNE. Then

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<v Speaker 3>that's kind of this transfer of assets for the right

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<v Speaker 3>to live somewhere, And I think that's going to come

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<v Speaker 3>up a lot as this generational wealth transfer sort of

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<v Speaker 3>story plays out.

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<v Speaker 1>Yes, absolutely, Okay, well let's delve into that. I mean

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<v Speaker 1>there's two parts. Let's do both parts, the intergeneration and notion,

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<v Speaker 1>which is put very simply, like, there's just a scenario

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<v Speaker 1>being that there are two people in the big empty

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<v Speaker 1>house with a large garden back. They have perhaps a

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<v Speaker 1>son or a daughter who is struggling with a family

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<v Speaker 1>in a tiny house, and it's all a bit absurd

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<v Speaker 1>in that scenario. Is there a hypothetical you could put

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<v Speaker 1>forward that would be useful to explore?

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<v Speaker 3>Yeah, So I think the first definition we'd lean on

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<v Speaker 3>as a cendling definition, because that's often where people latch

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<v Speaker 3>onto centlink things.

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<v Speaker 2>So according to center Link, the transfer of.

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<v Speaker 3>Assets, be it a property or cash, for the right

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<v Speaker 3>to live somewhere for the rest of your life constitutes

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<v Speaker 3>a granny flat. So in that instance, we could have

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<v Speaker 3>the parents potentially transfer the house to the kids and

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<v Speaker 3>then they all move in together like parents have the

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<v Speaker 3>right to live there for the rest of their life

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<v Speaker 3>and that transfer happens, or they could sell their house

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<v Speaker 3>and move in with the kids and maybe renovate or

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<v Speaker 3>buy a new house or whatever it is and give

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<v Speaker 3>them assets and those from a senlink perspective, depending on

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<v Speaker 3>how it is done, come with what we call deprivation

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<v Speaker 3>exemptions ie sent link don't assess that money anymore. It's

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<v Speaker 3>not like a gift that you have to assess for

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<v Speaker 3>the next five years. It disappears, So that can have

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<v Speaker 3>really good I suppose outcomes for the right people where

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<v Speaker 3>you've got a situation where you get the co living situation.

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<v Speaker 3>Maybe there's shared responsibilities around taking give grandkids and future

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<v Speaker 3>care responsibilities for the kids to take care of the parents,

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<v Speaker 3>but parents will get to keep their pension, you know,

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<v Speaker 3>the kids get their extra cash and support, maybe a

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<v Speaker 3>reduced mortgage.

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<v Speaker 2>Maybe that have to work as much.

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<v Speaker 3>There's a lot of sort of co benefits in these

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<v Speaker 3>kind of arrangements.

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<v Speaker 1>So for those who are on a pension, who will

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<v Speaker 1>probably be on a pension, which is by the way,

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<v Speaker 1>the majority of Australians right, the majority of students have

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<v Speaker 1>some access to the pension. To retain that access, there's

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<v Speaker 1>certain so tell us how that would work in the

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<v Speaker 1>scenario I've just put forward.

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<v Speaker 3>Yeah, So if you think about I mean the point

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<v Speaker 3>about property made earlier, most Australians hold most of their

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<v Speaker 3>wealth in their property, you know. That's you know, and

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<v Speaker 3>they might be sitting on a you know, on a

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<v Speaker 3>two million dollar house that's unassessed for the age pension,

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<v Speaker 3>and maybe they've got a couple hundred grand it's super

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<v Speaker 3>whatever it might be. That house is currently exempt. If

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<v Speaker 3>they sold it and that money sat in the bank,

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<v Speaker 3>it's now assessed. So I suppose the continuation of that

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<v Speaker 3>is they still live somewhere and centillly going to give

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<v Speaker 3>that exemption to that point. And so there's a few

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<v Speaker 3>sort of curly worthy rules and I won't get too

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<v Speaker 3>heavy into them. Don't do anything until you get vist

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<v Speaker 3>on this one, guys. This is a curly weary one.

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<v Speaker 3>But there is the ability to transfer the property and

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<v Speaker 3>the full value of the property, if done in the

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<v Speaker 3>right way, can be exempt from gifting or from deprivation.

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<v Speaker 2>It's a technical term.

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<v Speaker 3>Or and that could be a ten million door a house,

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<v Speaker 3>mind you, or it could be the sale of the

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<v Speaker 3>property and the transfer of assets and the amount that

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<v Speaker 3>is zempt is calculated based off the youngest party in

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<v Speaker 3>that transaction, the youngest gifter, and basically a life table.

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<v Speaker 2>So there's a series of calculations that are done there.

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<v Speaker 1>Okay, so the couple can actually retain their pension and

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<v Speaker 1>do this arrangement where everyone in intergeneration, where everyone lives

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<v Speaker 1>on the original property and the pension is not affected.

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<v Speaker 1>Tell me that where there's a scenario where there's two

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<v Speaker 1>people and again the same scenario. They want the young

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<v Speaker 1>family to move in with them, but pension doesn't matter. Right,

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<v Speaker 1>So they have more than enough, they don't need the pension.

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<v Speaker 1>Is it easier then?

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<v Speaker 2>Well, this is where the center link thing stops being

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<v Speaker 2>an issue.

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<v Speaker 3>Right, And this is why I think I alluded to

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<v Speaker 3>before this conversation is not so much about granny flat

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<v Speaker 3>rights and the scent link benefits and what have you.

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<v Speaker 3>This actually falls back to intergenerational living arrangements. You know,

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<v Speaker 3>it ties into a state planning, It ties into retention

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<v Speaker 3>of property within the family, It ties into family law.

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<v Speaker 3>You know, you might just.

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<v Speaker 2>Transfer the house to them.

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<v Speaker 3>There's a or a co ownership arrangement or something to

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<v Speaker 3>such an effect. And obviously that has all sorts of

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<v Speaker 3>tie ins around you know, what's in the will, and

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<v Speaker 3>maybe if the children separate or all that kind of

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<v Speaker 3>stuff comes into it. But I think fundamentally it's a

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<v Speaker 3>conversation around as a family, what do we need and

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<v Speaker 3>how can we all benar effort in this world that

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<v Speaker 3>is getting increased in the expensive and harder, but also

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<v Speaker 3>that we can lift together, that we can cohabitate things

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<v Speaker 3>that I think we kind of fell away from through

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<v Speaker 3>the nineties and two thousands and see that coming back.

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<v Speaker 1>Now, right. Is there any numbers about this? I know

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<v Speaker 1>obviously intergeneration well transfer is the huge issue. We also

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<v Speaker 1>know the property prices and the elevation, if you like,

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<v Speaker 1>is a huge issue. Do we have any numbers about

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<v Speaker 1>in this area.

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<v Speaker 3>I don't have any stats on how much this has

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<v Speaker 3>been taken up, but I do know that until the

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<v Speaker 3>twenty twenty one the transfer of those assets was considered

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<v Speaker 3>a D one capital gains event for the recipient, ie

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<v Speaker 3>they paid full tax on it, and so it kind

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<v Speaker 3>of deterred people from doing it. There's a few exemptions

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<v Speaker 3>that the ato of are put in place, but if

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<v Speaker 3>you meet their requirements, then that saves that tax that

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<v Speaker 3>gives you the exemption on that tax, so that I

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<v Speaker 3>think that's sort of drawn people to a lot more

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<v Speaker 3>these days.

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<v Speaker 1>The way it works, folks, is up until twenty twenty one,

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<v Speaker 1>there was a bit of gray area and a lot

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<v Speaker 1>of arrangements where there was build out the back and

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<v Speaker 1>perhaps an older couple living out the back. They were

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<v Speaker 1>informal arrangements and the Board of Taxation moved in. It

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<v Speaker 1>looked like they were kind of clamping down, but in

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<v Speaker 1>fact when they came out the other side of this,

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<v Speaker 1>they sort of formalized the capital gains tax exemption for

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<v Speaker 1>the Brandy flats. That's a really strong issue. I mean,

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<v Speaker 1>even at the time there was three hundred and fifty

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<v Speaker 1>thousand older Australians who lived basically in homes owned by

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<v Speaker 1>their in homes presided in homes owned by their adult children.

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<v Speaker 1>So those arrangements are quite prevalent. And that was a

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<v Speaker 1>couple of years ago, so it can only have increased.

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<v Speaker 2>Let's just look for a.

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<v Speaker 1>Moment, Nathan. So this is a I mean, obviously this

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<v Speaker 1>is terrific, as you say, you costiously say all the time,

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<v Speaker 1>as long as everyone is happy to live together and

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<v Speaker 1>you know they can work that one out for themselves.

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<v Speaker 1>Not for our show to determine that one, But can

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<v Speaker 1>we look very briefly at the notion of the building

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<v Speaker 1>out the back using your property, not for that intergenerational

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<v Speaker 1>setup in the traditional manner, but in a new manner

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<v Speaker 1>where perhaps young adult children could live on the property

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<v Speaker 1>in their own accommodation. How does that work and does

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<v Speaker 1>that have the CGT exemption?

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<v Speaker 3>So if you're talking about in that example of they

0:11:14.760 --> 0:11:16.960
<v Speaker 3>living together, or we're talking about two separate buildings on

0:11:17.000 --> 0:11:17.840
<v Speaker 3>the same lot.

0:11:18.480 --> 0:11:21.280
<v Speaker 1>I'm imagining two separate buildings where I know people have

0:11:21.360 --> 0:11:23.920
<v Speaker 1>bought larger properties and they're say, my plan is you know,

0:11:24.000 --> 0:11:25.640
<v Speaker 1>my son's going to live there or whatever.

0:11:25.800 --> 0:11:28.640
<v Speaker 3>Yeah, I think that will largely fall back to probably

0:11:28.640 --> 0:11:32.760
<v Speaker 3>a planning issue more than anything around what can be

0:11:32.840 --> 0:11:35.880
<v Speaker 3>done with that property. But the premise would fall back

0:11:35.920 --> 0:11:38.080
<v Speaker 3>to how is it transferred? So an example might be

0:11:38.679 --> 0:11:40.560
<v Speaker 3>that there's a large property.

0:11:40.640 --> 0:11:41.280
<v Speaker 2>We'll say it's.

0:11:41.160 --> 0:11:44.040
<v Speaker 3>Less than two hectares because it makes it easier and

0:11:44.120 --> 0:11:46.280
<v Speaker 3>for whatever reason, there can be two buildings on it.

0:11:46.840 --> 0:11:50.760
<v Speaker 3>In that instance, the parents may transfer that full property

0:11:50.800 --> 0:11:53.240
<v Speaker 3>to the name of the children. The children then build

0:11:53.280 --> 0:11:55.120
<v Speaker 3>the second property on there. The parents have the right

0:11:55.200 --> 0:11:57.559
<v Speaker 3>to live there it could be a granny flat. So

0:11:58.120 --> 0:12:01.960
<v Speaker 3>it all falls back to those two elements for Senlink

0:12:02.320 --> 0:12:04.640
<v Speaker 3>if that's relevant, which is the transfer of asset for

0:12:04.640 --> 0:12:08.360
<v Speaker 3>the right to live, and then meeting the requirements for

0:12:08.400 --> 0:12:11.440
<v Speaker 3>the ATO, which is you know basically that it's documented

0:12:11.480 --> 0:12:14.240
<v Speaker 3>that it's not commercial and there's some requirements around either

0:12:14.240 --> 0:12:16.960
<v Speaker 3>being of age, pension age, or requiring.

0:12:16.640 --> 0:12:18.240
<v Speaker 2>Assistance from a disability perspective.

0:12:18.320 --> 0:12:21.360
<v Speaker 3>So and I'm being very blase because they are very

0:12:21.400 --> 0:12:23.080
<v Speaker 3>distinct rules and you've got to make sure you get

0:12:23.120 --> 0:12:25.920
<v Speaker 3>them right or it goes horribly wrong. But you know

0:12:25.960 --> 0:12:27.600
<v Speaker 3>that's how that would tend to work.

0:12:28.440 --> 0:12:31.439
<v Speaker 1>Okay. It's interesting and I imagine it's something that our

0:12:31.480 --> 0:12:33.800
<v Speaker 1>listeners are really tuned into what we're going to do

0:12:33.840 --> 0:12:35.360
<v Speaker 1>with text short break and Nithan's going to tell us

0:12:35.360 --> 0:12:37.760
<v Speaker 1>about an example of where it worked out very well.

0:12:37.840 --> 0:12:40.439
<v Speaker 2>Back in a minute.

0:12:44.440 --> 0:12:47.320
<v Speaker 1>Hello, Welcome back to the Australians Money Positive Podcast. I'm

0:12:47.400 --> 0:12:50.800
<v Speaker 1>James Kirby talking to Nathan Fradley, financial advisor and we

0:12:50.880 --> 0:12:55.720
<v Speaker 1>are talking about building out the back Ymbi's yes, in

0:12:55.800 --> 0:13:00.439
<v Speaker 1>my backyard please. This is optimizing your property from an

0:13:00.440 --> 0:13:05.280
<v Speaker 1>intergenerational perspective. It may be for you that you're all

0:13:05.480 --> 0:13:08.880
<v Speaker 1>adult children, perhaps end up actually moving into the larger

0:13:08.920 --> 0:13:11.760
<v Speaker 1>house you're at the back, or it may be that

0:13:12.000 --> 0:13:15.360
<v Speaker 1>you are putting an adult child in the back and

0:13:15.400 --> 0:13:18.240
<v Speaker 1>you stay in the house. Nathan, just you've got to

0:13:18.240 --> 0:13:20.800
<v Speaker 1>tell us a story about something you came across recently

0:13:20.840 --> 0:13:22.079
<v Speaker 1>in this area. How it all worked.

0:13:22.200 --> 0:13:24.480
<v Speaker 3>Yeah, this is a case I worked on about eighteen

0:13:24.520 --> 0:13:28.560
<v Speaker 3>months ago, and it was effectively, we've got an only

0:13:28.640 --> 0:13:32.520
<v Speaker 3>child with three kids, a partner living in a house

0:13:32.840 --> 0:13:36.840
<v Speaker 3>in Sydney, discerent sized mortgage, both professionals, and then you've

0:13:36.840 --> 0:13:40.880
<v Speaker 3>got mum and dad living in their house. Dad's sort

0:13:40.880 --> 0:13:43.040
<v Speaker 3>of taken ill a little bit, so he needs a

0:13:43.040 --> 0:13:45.920
<v Speaker 3>bit more support. Mom's still working part time and she's

0:13:45.920 --> 0:13:49.240
<v Speaker 3>doing grandchildren stuff, and everyone's kind of chipping in left,

0:13:49.320 --> 0:13:49.720
<v Speaker 3>right and center.

0:13:49.760 --> 0:13:50.840
<v Speaker 2>There's a lot of driving around.

0:13:51.400 --> 0:13:54.920
<v Speaker 3>So they decided to investigate the grainy flat option, and

0:13:54.960 --> 0:13:57.160
<v Speaker 3>what they ended up doing was mom and dad sold

0:13:57.200 --> 0:14:02.040
<v Speaker 3>the property and then transferred the assets to the children

0:14:02.200 --> 0:14:03.319
<v Speaker 3>for the right to live there for the rest of

0:14:03.320 --> 0:14:05.200
<v Speaker 3>their life. But the way they did it was they

0:14:05.280 --> 0:14:09.080
<v Speaker 3>actually paid a series of invoices for a construction, so

0:14:09.400 --> 0:14:10.440
<v Speaker 3>they built an extension.

0:14:10.520 --> 0:14:11.120
<v Speaker 2>They went up.

0:14:11.559 --> 0:14:14.600
<v Speaker 3>Kids live upstairs with their kids. There's a common living

0:14:14.640 --> 0:14:16.840
<v Speaker 3>area downstairs, and mum and dad lived in a more

0:14:16.880 --> 0:14:19.960
<v Speaker 3>accessible spot down below. And what that meant was that

0:14:20.440 --> 0:14:22.320
<v Speaker 3>everyone's in the same household, so we all of a

0:14:22.320 --> 0:14:26.360
<v Speaker 3>sudden save all that time. The kid's mortgage was substantially lower,

0:14:26.360 --> 0:14:28.320
<v Speaker 3>and they actually could reduce their days of work and

0:14:28.480 --> 0:14:31.160
<v Speaker 3>help out with dad more. Mum didn't have to do

0:14:31.200 --> 0:14:33.440
<v Speaker 3>as much, so she could actually get back some form

0:14:33.440 --> 0:14:37.080
<v Speaker 3>of social life again, and it worked really well. It

0:14:37.120 --> 0:14:40.040
<v Speaker 3>worked well because they had lived together during COVID while

0:14:40.040 --> 0:14:43.840
<v Speaker 3>they were saving for that house. Yep, exactly a very

0:14:43.880 --> 0:14:46.520
<v Speaker 3>important mine. It's not in everyone likes ramon situation. You know,

0:14:47.040 --> 0:14:50.000
<v Speaker 3>they only child, so there was that. You know, the

0:14:50.040 --> 0:14:52.280
<v Speaker 3>inheritance piece was less of a concern because once that

0:14:52.680 --> 0:14:56.280
<v Speaker 3>those assets are transferred, they're not the parents' assets anymore.

0:14:56.600 --> 0:14:58.560
<v Speaker 2>They were also quite young, so they're in their.

0:14:58.400 --> 0:15:02.120
<v Speaker 3>Mid sixties or midi late sixties, which meant that the

0:15:02.320 --> 0:15:05.520
<v Speaker 3>transfer itself, when you calculate how much they could transfer,

0:15:05.600 --> 0:15:08.160
<v Speaker 3>was quite high. It was about nine hundred grand, so

0:15:09.200 --> 0:15:11.040
<v Speaker 3>it meant that they could move closer into the city,

0:15:11.120 --> 0:15:13.680
<v Speaker 3>be with a family, still maintain their pension as before

0:15:13.880 --> 0:15:15.640
<v Speaker 3>a little bit of cash left over from the sale,

0:15:16.000 --> 0:15:19.880
<v Speaker 3>but overall everything worked together and then sadly unfortunately a

0:15:19.960 --> 0:15:24.040
<v Speaker 3>dad passed away, but everyone was together for that and

0:15:24.240 --> 0:15:26.320
<v Speaker 3>is still together, so mum's down and living by herself.

0:15:26.520 --> 0:15:29.000
<v Speaker 3>So it kind of had a big flow on effect

0:15:29.080 --> 0:15:32.000
<v Speaker 3>from that around the benefits. But I think, again I

0:15:32.080 --> 0:15:34.360
<v Speaker 3>mentioned before, the stars do align with that one. It's

0:15:34.360 --> 0:15:37.040
<v Speaker 3>a great example of when it works. But you know,

0:15:37.280 --> 0:15:38.760
<v Speaker 3>there's definitely broader considerations.

0:15:39.440 --> 0:15:40.480
<v Speaker 2>Okay, what we.

0:15:40.480 --> 0:15:42.480
<v Speaker 1>Might do is actually get you to just listen, what

0:15:42.640 --> 0:15:46.680
<v Speaker 1>are the key issues to examine if you're thinking of

0:15:46.720 --> 0:15:49.880
<v Speaker 1>this folks. And obviously it course without saying it does

0:15:49.920 --> 0:15:55.560
<v Speaker 1>sound like this really an advisor is ninety nine percent

0:15:55.560 --> 0:15:58.920
<v Speaker 1>compository here just before we do. In terms of the

0:16:00.280 --> 0:16:02.440
<v Speaker 1>commitment that must be made in this, it sounds to

0:16:02.480 --> 0:16:04.720
<v Speaker 1>me that it is the older people that must make

0:16:04.760 --> 0:16:07.880
<v Speaker 1>the commitment, and they must actually sign off a former

0:16:07.960 --> 0:16:13.280
<v Speaker 1>document where they attained the right to live on the property,

0:16:13.480 --> 0:16:15.720
<v Speaker 1>so that's part of their security and it is that right.

0:16:16.280 --> 0:16:20.760
<v Speaker 3>Yeah, so you've got you've got a contract, right, it's

0:16:20.760 --> 0:16:23.560
<v Speaker 3>a commercial arrangement or private arrangement twent two people or

0:16:23.560 --> 0:16:27.280
<v Speaker 3>between those parties, and that document will should have certain

0:16:27.280 --> 0:16:29.320
<v Speaker 3>words in it for cen Lenk purposes, and it should

0:16:29.360 --> 0:16:31.640
<v Speaker 3>have certain words in it for the ats purposes. But

0:16:31.680 --> 0:16:34.520
<v Speaker 3>then broader than that, it should include what the terms

0:16:34.560 --> 0:16:36.720
<v Speaker 3>of the arrangement are we're going to move in. And

0:16:37.040 --> 0:16:39.680
<v Speaker 3>in that case I talked about, the idea was we

0:16:39.760 --> 0:16:41.480
<v Speaker 3>never want to go into residential care.

0:16:42.240 --> 0:16:44.480
<v Speaker 1>Yes, right, and it's written in black and white that

0:16:44.600 --> 0:16:46.440
<v Speaker 1>they have the right to live there forever.

0:16:47.120 --> 0:16:49.120
<v Speaker 2>Forever has to be, has to be.

0:16:49.720 --> 0:16:52.200
<v Speaker 3>There can be exit clauses if it doesn't work, and

0:16:52.280 --> 0:16:54.440
<v Speaker 3>things like that. There is a five year rule that

0:16:54.560 --> 0:16:57.240
<v Speaker 3>sen Alink apply that if it breaks for reasons you

0:16:57.320 --> 0:17:00.000
<v Speaker 3>should have known when you entered it within five years,

0:17:00.160 --> 0:17:02.280
<v Speaker 3>they just unwind the whole thing and chase up the

0:17:02.280 --> 0:17:06.160
<v Speaker 3>pension basically. But in this instance, the agreement was that

0:17:06.240 --> 0:17:09.800
<v Speaker 3>if age care residential care was on the cards, that

0:17:10.440 --> 0:17:13.280
<v Speaker 3>either one of the kid or their wife would actually

0:17:13.680 --> 0:17:16.800
<v Speaker 3>quit their job take care of mum. So there's a

0:17:16.840 --> 0:17:20.760
<v Speaker 3>commit there's a future commitment that sort of tied into

0:17:20.800 --> 0:17:23.159
<v Speaker 3>that that there was this joint what are we going

0:17:23.240 --> 0:17:23.399
<v Speaker 3>to do?

0:17:23.440 --> 0:17:25.680
<v Speaker 2>And that is very that's a very private matter.

0:17:25.760 --> 0:17:28.000
<v Speaker 3>I think how people want to navig at that, what

0:17:28.080 --> 0:17:30.600
<v Speaker 3>the line is for care all of those things. And

0:17:30.640 --> 0:17:32.800
<v Speaker 3>then also or you know who pays for what we're

0:17:32.800 --> 0:17:34.240
<v Speaker 3>going to move in, We're giving this lump sun we

0:17:34.240 --> 0:17:35.680
<v Speaker 3>don't want to have to pay for any more utilities,

0:17:35.760 --> 0:17:37.600
<v Speaker 3>or will chip in this much, all those kinds of

0:17:37.680 --> 0:17:40.119
<v Speaker 3>things that all factors in. So that gets done as

0:17:40.119 --> 0:17:43.080
<v Speaker 3>an agreement. So you should absolutely be getting legal advice

0:17:43.480 --> 0:17:46.159
<v Speaker 3>and both sides should. Those agreements are only as good

0:17:46.200 --> 0:17:48.520
<v Speaker 3>as the advice that he's given on them. So I

0:17:48.520 --> 0:17:50.560
<v Speaker 3>think that's crucial outside of obviously for a.

0:17:50.760 --> 0:17:53.479
<v Speaker 1>Chart is that is both generations basically it should get

0:17:53.480 --> 0:17:54.399
<v Speaker 1>their own legal advice.

0:17:54.520 --> 0:17:56.480
<v Speaker 3>Yeah, one would draft the document, the other one would

0:17:56.480 --> 0:17:58.119
<v Speaker 3>get advice on the document drafted.

0:17:58.280 --> 0:17:58.879
<v Speaker 2>Yeah.

0:17:59.000 --> 0:18:02.280
<v Speaker 3>I think the estate planning stuff comes into that as well. Again,

0:18:02.440 --> 0:18:04.560
<v Speaker 3>a lawyer that does both is usually pretty common. But

0:18:05.160 --> 0:18:08.959
<v Speaker 3>the transfer of assets changes estates, you know, it changes

0:18:09.000 --> 0:18:12.760
<v Speaker 3>the dynamics of the will it's in place, and other siblings,

0:18:13.040 --> 0:18:15.080
<v Speaker 3>is everyone on the same page, all that kind of stuff,

0:18:15.480 --> 0:18:17.040
<v Speaker 3>And then the family law respects.

0:18:17.600 --> 0:18:18.439
<v Speaker 2>I did one recently.

0:18:18.480 --> 0:18:21.240
<v Speaker 3>There was a double granny flat, so nana and mum

0:18:21.240 --> 0:18:24.560
<v Speaker 3>and dad and so there was a family law consideration

0:18:24.640 --> 0:18:27.160
<v Speaker 3>of a's one point four million dollars coming across from

0:18:27.200 --> 0:18:30.600
<v Speaker 3>my family. So they did a binding financial agreement as

0:18:30.640 --> 0:18:33.920
<v Speaker 3>well to kind of build that into the process. And

0:18:34.160 --> 0:18:37.000
<v Speaker 3>these are all these sort of formal considerations that are

0:18:37.640 --> 0:18:39.920
<v Speaker 3>you know, I mean, ultimately you have to get along firstly,

0:18:40.280 --> 0:18:42.520
<v Speaker 3>but I think this is one of those areas if

0:18:42.520 --> 0:18:45.000
<v Speaker 3>you don't, if you don't pay to do it properly,

0:18:45.440 --> 0:18:48.040
<v Speaker 3>you definitely can't afford to pay when it absolutely goes wrong.

0:18:48.840 --> 0:18:53.639
<v Speaker 1>Yeah, Okay, well yes, I imagine. So so there you

0:18:53.680 --> 0:18:56.399
<v Speaker 1>are for isn't that really fascinating? And I think we've

0:18:56.400 --> 0:18:58.600
<v Speaker 1>got to see more and more of this. As you say, Nathan,

0:18:58.640 --> 0:19:00.320
<v Speaker 1>it's hard to get stats on it. The onliest we

0:19:00.440 --> 0:19:02.880
<v Speaker 1>have was that three hundred and fifty thousand and that

0:19:02.960 --> 0:19:06.080
<v Speaker 1>was elderly Australians living, you know, with their own children.

0:19:06.480 --> 0:19:09.280
<v Speaker 1>But one thing we do know from just all you

0:19:09.359 --> 0:19:13.080
<v Speaker 1>have to do is look at property listings. Intergenerational properties

0:19:13.200 --> 0:19:16.200
<v Speaker 1>are not just on the market, but they are being

0:19:16.520 --> 0:19:19.640
<v Speaker 1>created from the ground up more and more, Okay, back

0:19:19.640 --> 0:19:29.320
<v Speaker 1>in a moment with some questions. Hello, Welcome back to

0:19:29.359 --> 0:19:33.399
<v Speaker 1>the Australians Money Puzzle podcast with Nathan Fradley and James Kirby.

0:19:33.840 --> 0:19:37.000
<v Speaker 1>Folks it's interesting. I had two questions, and those two

0:19:37.040 --> 0:19:40.600
<v Speaker 1>questions that actually came in more or less underpinned created

0:19:40.640 --> 0:19:42.560
<v Speaker 1>this show to some degree, but it's worth going back

0:19:42.560 --> 0:19:46.040
<v Speaker 1>over them. The first was from Annie, and he asked,

0:19:46.119 --> 0:19:48.239
<v Speaker 1>I have been to financial advisors more than once, and

0:19:48.280 --> 0:19:51.240
<v Speaker 1>they talk always about shares and funds and platforms. No

0:19:51.280 --> 0:19:55.040
<v Speaker 1>one talks about property investment. Is this always the case? Well?

0:19:55.080 --> 0:19:58.600
<v Speaker 1>I think we kind of covered that just on that issue, Nathan,

0:19:58.920 --> 0:20:03.359
<v Speaker 1>so proper on occasion, an advisor may not even be

0:20:03.440 --> 0:20:06.240
<v Speaker 1>able to give advice because it's not a financial product.

0:20:06.320 --> 0:20:06.720
<v Speaker 1>Is that right?

0:20:06.840 --> 0:20:08.640
<v Speaker 2>I think it. Yeah. It's important to understand what they're

0:20:08.680 --> 0:20:09.480
<v Speaker 2>giving advice on.

0:20:09.760 --> 0:20:11.760
<v Speaker 3>So if you're finding an advisor that you want to

0:20:11.760 --> 0:20:14.480
<v Speaker 3>work with that does property, and I say does property

0:20:14.480 --> 0:20:18.560
<v Speaker 3>with talking points, that's a philosophical alignment. What kind of

0:20:18.560 --> 0:20:20.199
<v Speaker 3>advice do you give? What do you consider them, what

0:20:20.240 --> 0:20:23.760
<v Speaker 3>you do? Do you manage investments? Do you talk about feelings?

0:20:23.800 --> 0:20:26.480
<v Speaker 3>I think that's sort of that area. But what we

0:20:26.560 --> 0:20:30.560
<v Speaker 3>are licensed to give advice on is financial product. But

0:20:30.880 --> 0:20:34.720
<v Speaker 3>when we do retirement planning, we consider and model out

0:20:35.080 --> 0:20:38.480
<v Speaker 3>the long term impacts. We are tax financial advisors. We

0:20:38.520 --> 0:20:40.640
<v Speaker 3>can model for tax We can do all of those

0:20:40.680 --> 0:20:42.439
<v Speaker 3>kinds of things. So when you're getting advice from an

0:20:42.440 --> 0:20:46.920
<v Speaker 3>advisor on property, it's more of a strategic a property

0:20:46.960 --> 0:20:49.320
<v Speaker 3>of blah blah blah blah blah, as opposed to if

0:20:49.320 --> 0:20:52.000
<v Speaker 3>advisor starts telling you like taking you out on a

0:20:52.000 --> 0:20:53.879
<v Speaker 3>Sat Day and going auctions together and all that kind

0:20:53.880 --> 0:20:56.479
<v Speaker 3>of stuff, they might be crossing some boundaries there, but

0:20:57.040 --> 0:20:58.199
<v Speaker 3>it could be a property worth this.

0:20:58.680 --> 0:21:00.440
<v Speaker 2>Here's some local stistics.

0:21:00.440 --> 0:21:02.719
<v Speaker 3>We've made some assumptions like that, and then you go

0:21:02.760 --> 0:21:04.639
<v Speaker 3>off and you purchase that property and come back and

0:21:04.680 --> 0:21:06.639
<v Speaker 3>they sort of adjust the plan and you work together

0:21:06.680 --> 0:21:10.840
<v Speaker 3>on that strategically. That's absolutely something that advices can help with.

0:21:11.800 --> 0:21:14.439
<v Speaker 1>Okay, Yeah, I've never heard that actually sort of written

0:21:14.440 --> 0:21:17.639
<v Speaker 1>out like that. Okay from Ron it's a self managed

0:21:17.640 --> 0:21:20.720
<v Speaker 1>super fund. It's just suitable for residential property investments. And

0:21:20.800 --> 0:21:22.920
<v Speaker 1>do I have to deal with non banks to get

0:21:22.960 --> 0:21:28.000
<v Speaker 1>a loan? A great question, but that not really means

0:21:28.000 --> 0:21:29.560
<v Speaker 1>the person has to really think about the answer.

0:21:29.720 --> 0:21:33.320
<v Speaker 3>Yeah, I know the adswer my rule of thumb is

0:21:34.440 --> 0:21:37.200
<v Speaker 3>not really and the main reasons around that.

0:21:37.600 --> 0:21:40.040
<v Speaker 1>More or less really they're not really suitable not for.

0:21:40.000 --> 0:21:42.720
<v Speaker 3>Residential I'm not saying it's not saying you can't. I

0:21:42.760 --> 0:21:44.800
<v Speaker 3>think there's a couple of factors that fall into it.

0:21:45.080 --> 0:21:48.640
<v Speaker 3>One is, as the listener alluded to, I don't think

0:21:48.680 --> 0:21:50.879
<v Speaker 3>any of the major banks lend to them anymore. I

0:21:50.880 --> 0:21:52.720
<v Speaker 3>could be wrong on that, It's been a while since

0:21:52.720 --> 0:21:55.440
<v Speaker 3>I've looked at it. But secondly, I think a lot

0:21:55.440 --> 0:21:58.080
<v Speaker 3>of the time money is made through residential property through

0:21:59.119 --> 0:22:01.680
<v Speaker 3>self improvement, going in there and being able to do

0:22:01.960 --> 0:22:04.800
<v Speaker 3>repaint things yourself, tidy it up. You know, all those

0:22:04.840 --> 0:22:07.880
<v Speaker 3>sort of assets or development right one or the other,

0:22:08.320 --> 0:22:09.600
<v Speaker 3>and you can't do those.

0:22:10.160 --> 0:22:11.800
<v Speaker 1>No, you can maintain, isn't that right?

0:22:11.840 --> 0:22:12.560
<v Speaker 2>Yeah, and you have to.

0:22:12.480 --> 0:22:14.800
<v Speaker 3>Pay someone else to do so at market rates. So

0:22:14.880 --> 0:22:18.320
<v Speaker 3>that's where you start seeing those sort of strategies fall down.

0:22:18.400 --> 0:22:20.560
<v Speaker 3>I think it's not saying you can't work with plenty

0:22:20.560 --> 0:22:23.080
<v Speaker 3>of clients of the year who've got great residential portfolios

0:22:23.119 --> 0:22:27.000
<v Speaker 3>within SMSFS. I do think diversification falls into it. Sometimes

0:22:27.000 --> 0:22:29.000
<v Speaker 3>we jumped to the idea if I want to buy

0:22:29.000 --> 0:22:31.920
<v Speaker 3>a property in super I've just got enough money by

0:22:31.920 --> 0:22:34.360
<v Speaker 3>what I can afford. Doesn't end up being a great property,

0:22:34.800 --> 0:22:38.119
<v Speaker 3>end up being killed by interest. I think, Yeah, my

0:22:38.240 --> 0:22:40.000
<v Speaker 3>rule of thumb is at least a mill if you're

0:22:40.040 --> 0:22:42.160
<v Speaker 3>going to be, you know, looking at that sort of strategy,

0:22:42.200 --> 0:22:44.360
<v Speaker 3>not the old two hundred thousand dollars in super line

0:22:44.400 --> 0:22:45.320
<v Speaker 3>and the same they used to use.

0:22:45.359 --> 0:22:47.480
<v Speaker 1>I think it's that person would want to have Mitian

0:22:47.520 --> 0:22:49.760
<v Speaker 1>in their super fun before they play in the area. Yeah,

0:22:49.760 --> 0:22:53.160
<v Speaker 1>it's very interesting and not advice folks, of course, information only,

0:22:53.560 --> 0:22:56.359
<v Speaker 1>but a couple of points there. Nathan's making that managed

0:22:56.359 --> 0:22:58.880
<v Speaker 1>super funds. It's a bit ticket item property, so it's

0:22:58.880 --> 0:23:00.760
<v Speaker 1>difficult for first of all, you need a lot in

0:23:00.800 --> 0:23:02.960
<v Speaker 1>your super to really get in there, and you are

0:23:03.000 --> 0:23:05.800
<v Speaker 1>paying more than everybody is because the banks don't do

0:23:05.840 --> 0:23:08.200
<v Speaker 1>it and you must deal with non banks. Other aspects

0:23:08.240 --> 0:23:10.760
<v Speaker 1>of that. Negative gearing isn't as good either, but it

0:23:10.800 --> 0:23:13.960
<v Speaker 1>may suit some. All right, very good, Thank you, Nathan Frandley.

0:23:14.000 --> 0:23:16.800
<v Speaker 1>That was great, Hey, James, I would love to have

0:23:16.840 --> 0:23:20.600
<v Speaker 1>some correspondence on that, especially on the intergenerational living. We

0:23:20.640 --> 0:23:24.160
<v Speaker 1>haven't done enough on that at all. So the money

0:23:24.160 --> 0:23:27.080
<v Speaker 1>Puzzle at the Australian dot com dot au. Talk to

0:23:27.119 --> 0:23:27.520
<v Speaker 1>you soon.