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Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 17 September 2021. Michael and Wendy are involved in a motor vehicle accident. Wendy sustains serious injuries and unfortunately passes-away. They have a 10-year-old son. Michael is charged with dangerous driving occasioning death and enters a plea of guilty. Michael is sentenced to a term of imprisonment of three years. Wendy died without leaving a will and therefore, Michael is entitled to the whole of her estate based on the “rules of intestacy”. However, the “forfeiture rule” prevents a person who has unlawfully killed another person from receiving a benefit. When released from [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 3 September 2021. Wendy marries Harry. She has a daughter to a previous relationship, Penny who lives with her father overseas. Six months after the marriage, Wendy and Harry purchase a home together as joint tenants. Wendy frequently writes to Penny and sends her gifts. Wendy also makes arrangements for Penny to migrate to Australia. Six months later, Wendy withdraws $1000 from her bank account and asks her neighbour to drop her off at the bus stop with a suitcase. All communication with Penny stops. A further six months pass and Harry contacts [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 27 August 2021. Jake belongs to a religious group that practices polygamy. He meets and falls in love with Amy, another member of the group and they are eventually married. A few years into their marriage, Jake has taken two more wives. A religious wedding ceremony is held for each subsequent marriage. Although the law does not recognize polygamy and only Jake and Amy are legally married, in the eyes of their congregation, all three women are his wives. They all share a home together and are, for the most part, financially dependent [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 20 August 2021. John is named as executor in his late father’s will. He seeks legal advice regarding his role and is advised that an executor has the right to make the funeral arrangements. The funeral account can be paid from his father’s savings account and after the payment is made, the account will be frozen. The power of attorney that John held prior to his father’s death is invalid after the date of death. If there is a substantial amount remaining in the savings account, the bank may require a grant of [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 13 August 2021. William lives with his mother, Michelle. She has a history of mental illness and at the age of 75 years, William also becomes her carer. William and Michelle visit a solicitor together and ask the solicitor to transfer Michelle’s home into William’s name by way of a gift. The transfer proceeds and William pays stamp duty on the market value of the property. Two years later, the New South Wales Trustee & Guardian (Public Trustee) is appointed as Michelle’s financial manager and Michelle moves into an aged care facility. When [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 6 August 2021. David has been living with his de facto wife for 10 years. He has two daughters to a previous relationship and his partner has three daughters of her own. As part of his estate planning, David executes a non-binding death benefit nomination, leaving the whole of his superannuation to his two daughters equally. When David unexpectedly passes away, the superfund writes to all of the parties, informing them that because the nomination was “non-binding”, the fund will decide on how the superannuation is to be divided and asks them to [...]