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Article by Manny Wood published in the Coffs Coast News Of The Area on 9 September 2022. Dave and Marg purchased their dream block of land, overlooking the river. Within a year their house was built. However, not quite content, they decided to put in an infinity pool. The custom pool drawings were completed and a pool building company was engaged. The contract between the parties detailed an all-inclusive cost and the timeframe to complete the works. Three weeks into the 10 week build time, work stalled. Marg was worried that the pool would not be ready for the grandchildren at Christmas, so she complained furiously to [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 2 September 2022. David, a successful businessman, has accumulated a multi-million dollar estate. Unfortunately, at the age of 65, David is diagnosed as suffering from dementia. Shortly thereafter, David appoints his daughter Robin as his financial manager, under an enduring power of attorney. During the course of a year, David also makes a number of substantial gifts, totalling $1 million, to his son Adam. Another family member, successfully challenges David’s mental capacity to make the power of attorney and the Tribunal rules the documents invalid. When David passes away, the gifts to Adam [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 26 August 2022. When Penny and her father fall on tough times, they stay with Penny’s grandmother, Jane for 12 months. Penny is only 10 years old at the time. After Penny and her father move-out, they maintain a close relationship with Jane. Unfortunately, Penny’s father unexpectedly passes-away, when Penny is in her 30s. Jane says to Penny; “Don’t worry, I will look after you in my will”. A few years pass and when Penny is looking to buy her first home, Jane says “I will give you $100,000 now or you can [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 19 August 2022. Ruth never married and has no children. She has assets valued at $1 million. Ruth goes online and searches for a will-making service. She completes an online questionnaire, nominating her sister as executor and sole beneficiary of her estate. She pays for the will online, using a credit card. She writes an unsent text message, stating that she has “drawn-up and completed a will”, followed by a link to the website. Unfortunately, Ruth tragically passes-away shortly thereafter, without receiving a final draft of the finished will and without executing it [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 12 August 2022. During his lifetime, Edward invested in gold bullion and had accumulated 600 ounces, worth over $1 million. Edward makes a will leaving the gold to his three children, equally. Three years later, his daughter, Penny takes possession of the gold. When Edward passes away, two years later, Penny claims that Edward gifted the gold to her and that it does not form part of his estate, with the effect that her siblings do not receive a share of the gold. Edward’s other two children do not agree that their father [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 29 July 2022. Lucciano Lombardi was born in Italy and migrated to Australia in the late 1950s, when he was 12 years old. Finding that most Australians struggle to say his name properly, Lucciano begins to go by Luke Lombard, which is the name printed on his first Driver Licence. In 1978 Luke buys a house at 123 Fake Street. Luke uses his Italian Birth Certificate to establish his identity. When the purchase settles, the Certificate of Title records his name as ‘Lucciano Lombardi’. Unfortunately, in 2020, Luke is diagnosed with cancer. Luke [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 22 July 2022. Shortly after their marriage, Amy and Robert build their family home on a property owned by Robert’s father. Amy and Robert have two children together but unfortunately, after a 15-year marriage, their relationship breaks-down. The parties are unable to reach agreement in relation to property settlement and Amy commences action in the Family Court. Robert’s father passes-away before any orders are made and Robert’s inheritance becomes another issue of dispute. Robert’s inheritance is calculated at $1.5 million. Robert agrees that the current value of the family home, being $500,000 was [...]

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 [...]