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5 03, 2026

Did He Have Capacity?

2026-03-05T10:22:25+10:00March 5th, 2026|

Article by Manny Wood published in the Coffs Coast News Of The Area on 6 March 2026. Michael has been suffering from chronic schizophrenia since the 1980s and his affairs are under the control of the Trustee and Guardian. When he passes away, his cousins stand to receive the whole of his estate, on the basis that they understand that Michael did not leave a will and that his estate would be distributed under the laws of “intestacy”. However, it comes to light, that Michael made a Will 20 years before he passed, leaving the whole of his estate to “the Socialist party”. Michael’s cousins dispute the [...]

26 02, 2026

Court considers quirky conditions

2026-02-26T10:29:45+10:00February 26th, 2026|

Article by Manny Wood published in the Coffs Coast News Of The Area on 27 February 2026. Terry makes a will, leaving his large estate to his six children subject to some very unusual conditions. His first child only receives his inheritance if she is baptised. His second child only receives her inheritance if she abstains from alcohol consumption for twelve months. His third child only receives his inheritance if he obtains employment as a solicitor. His fourth child only receives her inheritance if he maintains his place of residence in his hometown. His fifth child only receives his inheritance if he completes a university degree and [...]

19 02, 2026

Probe into Late-Life Transfers

2026-02-19T10:44:38+10:00February 19th, 2026|

Article by Manny Wood published in the Coffs Coast News Of The Area on 20 February 2026. Alan makes a will, leaving the whole of his estate to his three daughters. However, shortly before he passes away, he makes a new will, leaving the whole of his estate to his neighbour, Henry. When Alan passes away, his daughters seek legal advice and soon commence proceedings. Henry says that he had formed a relationship with Alan, akin to the relationship of a father and son. He says that Alan informed him that he had no ongoing relationship with his daughters. It is revealed that Alan had sold his [...]

12 02, 2026

Nibling Rivalry

2026-02-12T10:48:17+10:00February 12th, 2026|

Article by Manny Wood published in the Coffs Coast News Of The Area on 13 February 2026. Ruth never married and never had any children. When Ruth passes away, she leaves an estate worth $1.5 million. This includes a substantial superannuation fund, which was paid to her estate. Ruth’s last will appoints her only surviving sibling, Gary, as her executor, who also receives a 50% share of the estate, after the payment of the estate’s liabilities and expenses. The remaining 50% share of the estate is to be distributed amongst four of Ruth’s nieces and nephews (niblings), being the children of Ruth’s late sister. However, Gary’s daughter, [...]

5 02, 2026

Elder Law: A cautionary tale

2026-02-05T10:28:19+10:00February 5th, 2026|

Article by Manny Wood published in the Coffs Coast News Of The Area on 6 February 2026. Karen is concerned that her elderly mother, Mary is lacking the ability to manage her affairs. Karen makes an appointment with a solicitor, with a view to drafting a Power of Attorney and an Appointment of Enduring Guardian for Mary. Karen is present at the appointment with the solicitor and she does most of the talking. The solicitor obtains instructions to prepare the documents, appointing Karen and her sister, Tanya, jointly and severally. Mary executes the documents and Karen signs the acceptance, in the presence of the solicitor. Karen decides [...]

29 01, 2026

Exes, estates and entitlement

2026-01-29T13:05:11+10:00January 29th, 2026|

Article by Manny Wood published in the Coffs Coast News Of The Area on 30 January 2026. Tracey died unexpectedly at 56, leaving no will. Her estate was substantial and was largely made up of investment properties she had acquired over many years. She had no children and her next of kin were her brother, Kieran, and her two sisters. Soon after Tracey’s death, Tina, a 48-year-old woman, asserted that she and Tracey had been in a long-term de facto relationship that continued right up until Tracey died. She described Tracey as “my partner in every sense” and told the family it was obvious she should administer [...]

22 01, 2026

Barking up the wrong tree

2026-01-22T10:39:30+10:00January 22nd, 2026|

Article by Manny Wood published in the Coffs Coast News Of The Area on 16 January 2026. Barbara and Wally have been in a de facto relationship for 6 years. There is one child of the relationship, being their four year old daughter. When their relationship breaks down, Barbara and Wally seek legal advice and are able to negotiate consent orders, which resolve parenting issues in relation to their child. They are also able to resolve their property issues, on the basis that they agree to retain the assets in their respective possession and are responsible for any debts and liabilities in their names. Unfortunately, they are unable [...]

15 01, 2026

The dreaded smartphone will

2026-01-15T10:24:45+10:00January 15th, 2026|

Article by Manny Wood published in the Coffs Coast News Of The Area on 16 January 2026. Following a recent health scare, Peter opens the Note application on his iPhone and creates a document entitled “last will”. The note appoints his brother William as his executor, gifts his house and contents to his brothers and after some monetary gifts to friends and family, gifts the balance of his bank accounts to William. The note contains numerous typos, includes profanity and some words appear to be missing. The note is not “signed”, but includes Peter’s initials at the end of the “document”. William seeks to obtain a grant [...]

18 12, 2025

A One-Way Ticket to the Naughty List

2025-12-18T07:58:50+10:00December 18th, 2025|

Article by Manny Wood published in the Coffs Coast News Of The Area on 19 December 2025. After many years of delivering Christmas Cheer around the world, Santa decides it is time to get his legal affairs in order. He visits his long-time solicitor Ebenezer Scrooge, who dutifully prepares a Power of Attorney (‘POA’) appointing Santa’s son, Kringle Jr. The POA contains a specific power allowing Kringle Jr. to oversee “emergency operational decisions” strictly relating to “the distribution of gifts, management of the reindeer herd and the elves’ employment”. Santa executes the POA in the presence of Scrooge, who witnesses the appointment as a legal practitioner. Mrs [...]

11 12, 2025

Boy sues Santa!

2025-12-11T12:25:37+10:00December 11th, 2025|

Article by Manny Wood published in the Coffs Coast News Of The Area on 12 December 2025. Timmy wakes on Christmas morn, rubs his eyes and stumbles downstairs to the Christmas tree. He is overjoyed to find three presents, bearing a special stamp, stating that they are “Shipped from the North Pole”. “Thank you, Santa!” he exclaims. When Timmy’s brother and sister join him, they begin unboxing their Christmas gifts. His sister unwraps a shiny pink tricycle before his brother reveals a collection of He-Man figurines. Timmy’s gift is big and heavy. He feverishly tears open the wrapping, but alas, his heart immediately sinks - A sack [...]

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