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Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 11 December 2020. Mary and Joseph, first home buyers, decide that renovating a barn on a rural property is a good way for them to enter the market and start a future for them and their first child who is due to be born on 25 December. They conduct pest and building inspections and pay a 10% deposit. The pest report indicates that the barn has severe termite damage and with the assistance of their solicitor, they are able to negotiate a condition in the contract whereby the damage is repaired prior to [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 4 December 2020. In 2019, Kelly underwent an elective tubal ligation, a form of female surgical contraception. The aim of the procedure was to prevent future pregnancy by having the fallopian tubes clipped to prevent egg fertilisation. During the procedure, Kelly’s surgeon only partially locked the clips into place and failed to place them in the correct position. As a result, the procedure was ineffective. Kelly realised this once she fell pregnant several months later. Kelly was diagnosed with Depression and endured a traumatic birth experience. She underwent an emergency c-section and almost [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 27 November 2020. Glenda visits her solicitor and has a Power of Attorney drafted and executed, which appoints her three children, Jack, Jill and Jessie jointly as her Attorneys. Her solicitor explains that, by appointing them jointly, Glenda’s three children must all agree before making any decisions regarding her financial affairs. Glenda also ensures that her Power of Attorney only becomes activated if she loses the ability to manage her affairs and a medical practitioner confirms this in writing. Several years later, while on a holiday, Jessie falls in love with and marries [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 20 November 2020. Jack sees his solicitor regarding the making of a new will and his solicitor clears-up a number of questions that are commonly asked. No, your executor does not need to sign your will, nor do any beneficiaries. This misconception arises because attorneys and guardians need to accept their roles under those documents, which do not form part of your will, and serve very different functions. No, there is no such thing as a “family will” and spouses do not make a single will together. All individuals make their own separate [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 13 November 2020. John, a 75 year old, experienced mariner, purchases a second-hand 42-foot vessel interstate. He and his son, Steve commence the two-day sail home. They take three-hour shifts at the helm of the craft, sailing through the night. At around midnight on the second night, John descends below deck to get some rest. A few hours later, in tragic circumstances, the vessel broaches and lays on its side. Water covers the deck and enters the cabin. Steve activates the emergency radio beacon and pulls John clear from beneath the surface of [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 6 November 2020. Jane has not seen her only son, Peter in 16 years. She has developed a close relationship with her niece, Donna who has been her primary carer over the last year, during Jane’s battle with cancer. Donna has also been assisting Jane with her finances, under a power of attorney. Jane feels that in circumstances where Peter has not been there for her during her trying times, she does not want to reward him, by leaving him an inheritance. Jane makes a will leaving the whole of her estate to [...]