Avoid cross securitising at all costs. It is not necessary and can be avoided.

Depends on the wording of the contract. You could word it in your favour with all the money to come back.

Don't draft it yourself but get a lawyer to do it.

Not really any costs. No discharge of mortgage, no agents fees etc. Just conveyancing costs which are cheap in VIC.

There may be CGT depending on when the deceased had purchased the property, whether it was a main residence or rental, how long since the death and who lived there etc

An equitable assignment would be possible. But this would be a breach of mortgage agreement and a dutiable transaction.

One of my mates just lost a lot of money from investing in ATMs. I am not sure how exactly but the company he had contract with went into liquidation.

You will have to read the Duties Act NSW

I've read it but not with an eye to considering installment contracts.

I can't see how duty wouldn't apply twice as there are 2 transactions and both would be dutiable transactions.

A standard loan would be ok. But make sure you don't borrow money and park it in a savings account to write a checque. Draw it down with a bank cheque made out to the person you are paying – such as real estate trust account etc. Using a LOC makes this part easier.

That is correct. One trust can distribute to another but there are complex rules to comply with. And If your existing are not in a trust already then this won’t work

Yes that is the case.

Refinancing involves replacing one loan with another so this isn't possible. There are some strategies which involve selling the interest in the property to an associated person such as spouse or a trust etc.

In some state a sale to a spouse can be done without stamp duty. So this offers a great opportunity to restructure yourself tax effectively.

Thanks for your comments. I have been explaining these things so long now I know what is easily digestible.

I must say there are thousands of consumers out there who have it all wrong and will be in serious trouble if audited. Most accountants have no idea. same with the brokers and even the lawyers.

I know one lawyer that transfers borrowed money to a savings account to pay for investment expenses. He didn't know this could remove the ability to claim the interest. Other lawyer friends have no idea about trusts or asset protection etc. Very few people are set up effectively.