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Article by Manny Wood published in the Coffs Coast News Of The Area on 13 June 2025. Anne is superstitious about making a will. She resides in a nursing home and has a modest bank account. She considers that her assets are not of sufficient value to warrant the making of a will. When Anne passes-away, a bond is refundable from the nursing home and with her bank account, her assets total $100,000. Anne left no spouse or children and her parents had passed-away many years ago. In these circumstances where there is no will, Anne’s assets are dealt with “on intestacy” and pass to her five [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 6 June 2025. Peter Smith’s health had been failing over the past few months and after paramedics are called due to complications regarding his blood sugar levels, he composes a “Note” on his smartphone, entitled “Last Will of Peter Smith”. The document appoints his friend, Ben as his executor and leaves him the bulk of his estate. The document also details smaller gifts to other friends and family members. Unfortunately, Peter passes-away one week later, leaving an estate worth $10 million. A few days later, Ben attends Peter’s home to look for a [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 30 May 2025. Gloria, 101 years old, sold her house and the proceeds of sale were deposited into her granddaughter’s account. It is not clear how this occurred. Gloria was found to be under a legal incapacity and her “tutor” commenced action in the Supreme Court, seeking an order that the granddaughter “account” for the funds. The Court observed that despite the granddaughter being in a position to possess the knowledge of what happened to the funds, she was in a “hopelessly inadequate position to persuade the Court as to what the money [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 23 May 2025. Peter and Penny have a daughter, Diane and a son, Daniel. Peter and Penny purchase a home in which to live with Daniel. The property is registered in Daniel’s name. Later, Daniel moves-out and Peter and Penny continue to reside in the property. Peter and Penny enter into a Deed with Daniel to the effect that the property shall be “deemed” to be theirs, provided that they are responsible for the mortgage and the outgoings and that they leave the property to Daniel in their wills. It is also agreed [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 16 May 2025. Betty appoints two of her daughters as her enduring guardians. The documentation is executed by Betty in the presence of a solicitor who witnesses her signature and explains the effect of the document to Betty. Her daughters later sign acceptances of their roles as guardians and again their signatures are witnessed by a solicitor. The effect of the guardianship is that if Betty becomes unable to make medical and lifestyle decisions for herself, her daughters will be empowered to do so on her behalf. Betty’s daughters are appointed “jointly and [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 9 May 2025. Greg passes-away and leaves his $1 million estate to his only surviving son, Craig. Greg’s only other son, died several years ago, leaving 4 children of his own, one of them being Peter. When Peter discovers that his grandfather had not included him in his will, he seeks legal advice and makes a “family provision” claim against Greg’s estate, in the Supreme Court. Peter has been unemployed for many years and has no substantial assets. His financial circumstances are such that he is able to demonstrate that he has sufficient [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 2 May 2025. Scott, battling cancer, has a prognosis of just 12 months to live. Scott calls his sister, Mary, and asks her to come and live with him as his full-time carer. He tells her that if she does so, he will give her half of his estate when he passes-away. Mary tells Scott that she will need time to consider his proposal. Scott considers it unlikely that Mary will accept his offer and changes his will, gifting the whole of his estate to charity. In the meantime, Mary makes plans to [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 25 April 2025. Penny is talking to her neighbour, Wendy on the nature strip in front of their properties. A dispute arises between them when Wendy claims that the nature strip is her property and Penny is not allowed to do any gardening on the strip. After a heated exchange, Penny inadvertently touches Wendy's hat, meaning to touch her shoulder, to indicate that the conversation had not ended. Without warning, Wendy swings a rubber mallet and deliberately strikes Penny on the side of the head. Penny is taken to hospital and Wendy is [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 18 April 2025. Frank and Betty have been in a de facto relationship for 20 years. Frank has three children as a result of a previous relationship. Frank seeks legal advice regarding his estate planning and in particular, how he can make a Will that “looks after” Betty, while preserving his estate for his three children. The solicitor advises Frank that he can make a Will which grants Betty the right to reside in his home and the right to relocate to alternate accommodation, if appropriate, under the authority of his executor. When [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 11 April 2025. This column takes a break from the usual “Hypothetical” formula to address the important issue of elder abuse. Elder abuse is an action or lack of action by someone in a relationship of trust that causes harm to an older person. Older persons are particularly vulnerable to abuse due to frequent declines in their physical health and cognition. Elder abuse can include neglect, financial abuse and domestic violence. Unfortunately, reported instances of elder abuse are increasing. The most common abusers are family members, friends and neighbours. Adult children, who are [...]