Suggest get an Acknowledgement of trust prepared which should not cost you more than $150.00; You will need this and a letter from your ex to get shares transferred to your name. There is generally no sale of assets between spouses and hence with a discharge letter, you should be able to get it transferred to your name with Computershare UK. As you already owned shares, no sale, no tax liability till you sell.
Suggest consult your accountant and lawyer; they will in best position to guide you. Link for more info: http://www.lawcentral.com.au/CreateDoc/createlink.asp?docId=121 Some info from above link for ready reference; as far as I know applies to shares also: " About the Declaration of Trust Declaration of Trust Self Managed Superannuation – the Australian Tax Office may require you to have a Declaration of Trust to say that the Trustees hold the property in trust for the Self Managed Super Fund. Start building the document and read the hints on this topic.
If you have already bought the asset for your Super Fund then use the Acknowledgement of Trust document. If you're super fund is about to buy the asset then use this document.
What is a Declaration of Trust? A ‘trust’ is merely when someone holds 'something' for you on trust. The ‘something’ may be property or shares or any other asset. Usually when you have an asset you have both the ‘legal’ and ‘beneficiary’ interest. However, with a trust someone has the ‘legal’ ownership. Another person or group has the ‘beneficial’ interest.
A Declaration of Trust (sometimes called a Bare Trust) is one of the many types of trusts available in Australia. A Declaration of Trust is a legal structure that allows the division of the beneficial and legal ownership. The person holding the asset for your benefit is the trustee. The trustee has legal ownership only. You are the beneficiary. You have beneficial ownership. Provided you are over 18 years of age and of sound mind you boss the trustee around. You tell the trustee what to do with your asset. To the world the asset may look as though it belongs to the trustee. But in reality the asset is yours because you are the beneficiary. If you have a Declaration of Trust, then at any future time you can instruct the trustee to transfer the asset into your name beneficially.
What does all that mean? Basically, the trustee is not required to do anything with the asset. The trustee just holds the asset for you. The trustee must do whatever you say regarding the asset. When you want the asset back you simply demand it back. "
Does this apply ? "Provided you are over 18 years of age and of sound mind " Don't worry - just my sense of humor!
HDR Price at posting:
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