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Article by Manny Wood published in the Coffs Coast News Of The Area on 15 July 2022. Larry passes away leaving an estate worth $1.5 million. Larry’s will leaves a large portion of his estate to “those of my grandchildren as shall survive me and attain the age of 18 years”. When Larry made his will, he only had one grandchild, aged two. One year after Larry’s death, another grandchild, Mary is born. Larry’s executor is unsure whether Mary is entitled to receive a share of the estate and seeks a ruling from the Supreme Court, by way of “judicial advice”. The Court states that to interpret [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 8 July 2022. Kevin and Julie are successful investors in local property and decided to assist their friends Wayne and Gabby, who had recently married, enter the market. The idea was that Wayne would borrow his share from Kevin and Julie and that Gabby would pay her own share; so all parties contributed equally. The property was purchased as tenants in common with all four names on the title in equal shares. Over the years the market had risen considerably, yet Kevin and Julie were yet to receive any payment from Wayne. Julie [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 1 July 2022. Peter’s parents divorce when he is 10 years of age. Peter resides with his mother during his teenage years and has little to do with his father. In his late teens, Peter develops a heroin addiction. This addiction led to Peter being on the methadone program and was a factor in Peter committing various criminal offences. Peter moves into public housing at the age of 25 and his relationship with his mother deteriorates. Peter looks to his grandfather for support during these difficult times and lives with him for several [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 27 May 2022. Lucas is involved in a serious car accident at 3 years of age. He suffers a severe brain injury which significantly affects his cognitive development. Lucas is placed under the care of the Department of Child Safety. His mother is not involved in his daily care amid accusations of neglect and drug use. His father passes-away a few years later. Lucas spends several years living with his grandmother and his sister before moving into care. He remains close to his grandmother and sister, who visit him frequently. As a result [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 20 May 2022. The Benders were pioneering banana growers in north-east NSW. Brian was the patriarch of the Bender family and when he died, he left his share of the plantations, and commercial properties to his children George and Isobel. George and Isobel continued the tradition and became key members of the Bender business. Isobel loved the life so much she was married underneath a banana tree, and in a few short years she had three beautiful children. Unfortunately, Isobel was tragically killed in an ice-skating accident while on holidays in Florida. When [...]