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Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 1 April 2022. Natalie found a perfect block to build her new home. Prior to purchase, Natalie’s solicitor informs her that there was a carriageway running through the western side of the property in favour of her neighbour, Barbara. Nevertheless, Natalie proceeds with the purchase of the property. Barbara as a generational landowner had utilised the carriageway for many years, but in a short time, built a good relationship with Natalie, and all was amicable. After several years passed, Natalie’s family expanded and so did her need for storage.  Natalie builds a shed [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 25 March 2022. Tony makes a will leaving the whole of his estate to his three children. He appoints his brother as his executor. When Tony passes-away many years later, his children take the will to Tony’s bank and ask for the proceeds of his bank accounts to be released to them. The bank manager informs them that Tony’s brother, as executor, must apply to have the funds released. The children explain to the bank manager that unfortunately, their uncle is also deceased. They are informed that the bank therefore requires Letters of [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 18 March 2022. Howard is terminally ill and in the final days of his life, he decides to give his friend Sarah, a gift as she had been by his side during the last 12 months. Howard hands Sarah his debit card, tells her his PIN number and says ‘I want you to spend the money and enjoy yourself’. He also gives her his house keys and says ‘Thank you for spending so much time with me here in my house, I want you to live here and enjoy the view’. When Howard [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 11 March 2022. Mary makes a will leaving the whole of her estate to her son David. She makes no provision for her son Peter and her will includes a notation stating that “Peter has chosen not to communicate with me for many years”. When Mary passes-away at the age of 80, she leaves an estate valued at $2 million. Peter makes a claim against Mary’s estate. At trial, the Court hears that Mary was left out of her parents’ wills and made a successful claim, so she was aware of what was [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 4 March 2022. Barry, a retired professional fisherman, makes a will which includes a provision to the effect that upon his death, he wishes for his remains to be the subject of a burial at sea. Barry appoints his son, William as his executor. Many years later, Barry passes-away and William makes enquiries regarding Barry’s burial wishes. William discovers that he must submit a Burial at Sea Permit Application Form to the Commonwealth Department of Agriculture, Water and the Environment with an application fee of $1675. The application form must include the reasons [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 25 February 2022. Peter and Michelle separate after a 20 year relationship. 12 months later, a divorce order is granted. Peter puts an offer to Michelle regarding the division of their property. They both seek legal advice. The parties ultimately settle on a 60/40 split in favour of Michelle. Consent orders under the Family Law Act are drafted to finalise the arrangement. Peter takes the opportunity to discuss his estate planning with a specialist. The solicitor advises him, that despite the finalisation of the property settlement under Commonwealth legislation, Michelle is still able [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 18 February 2022. Paul and Amy purchased a vacant block of land and are ready to build their new home. They settle on Slick Homes as their builder. During the negotiations with Slick Homes, Amy was adamant that the house had to be ready for Christmas the following year. This timeframe gave Slick Homes 15 months to build the house. The parties agreed to and signed a standard building contract. The terms of the contract included a 200-day handover date, however additional time was allowed for a 3 week break over New Year, and other [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 11 February 2022. Robert sells his home for $1 million. A deposit of $100,000 is paid on the exchange of contracts and settlement is scheduled to occur 42 days later. Unfortunately, Robert unexpectedly passes-away three weeks after contracts are exchanged. The contract contains the standard conditions, which do not allow the purchaser to “rescind” or cancel the contract in the event of the vendor’s death. The contract does however include the usual provision that if the vendor is unable to proceed to settlement, the purchaser can issue a 14 day notice, after such [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 28 January 2022. David and Jenny wish to purchase their first home. They talk to their bank about obtaining finance and are informed that they will need to source additional funds to proceed. Jenny talks to her parents, who agree to advance her $200,000 to assist with the purchase. At settlement, David and Jenny are registered on title as joint tenants on the advice of their conveyancer. Jenny makes a will, stating that her parents are to be paid a legacy of $200,000 from her estate. Tragically, David and Jenny are involved in [...]