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Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 21 January 2022. Wendy, aged 88, makes a will leaving her whole estate to her niece, Alice. At the age of 95, Wendy, with the assistance of her other niece Jane, puts her house on the market, with a view to moving into a nursing home. Wendy retains a new solicitor for the purposes of the sale at the recommendation of her real estate agent. Wendy’s house is sold for $2 million and she moves into a nursing home. After a short stay in hospital, Wendy makes a new will, with her new [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 16 December 2021. Johnny, child of Nancy and Donald Carpenter, was a much loved and very spoilt only child. During the year Johnny turned 19, his parents had been encouraged by his strong academic results and told him that if he kept it up, he would definitely be on Santa’s good list. It was the night before Christmas, and Nancy and Donald gave Johnny a very special Christmas card that said, “Johnny, you have been such a good boy and worked so hard at university, we are giving you this special gift.” Inside [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 10 December 2021. Brian was a wealthy man who owned real estate, shares, cash and an extensive classic car collection. At the time of his death, Brian was married to Julie and had 3 children to his first wife who had died in a car accident 25 years ago. Brian’s will left his real estate and ‘personal effects’ to Julie. His children were left his family heirlooms, photographs, personal papers and the “residue” of Brian’s estate. Brian’s children were appointed as the executors of his will and after obtaining a grant of probate, [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 3 December 2021. Robert’s mother passes away and he is appointed as the executor. Robert asks a conveyancer to draw-up a contract for the sale of his late mother’s home. The contract includes a clause to the effect that settlement is to occur either 30 days after the exchange of contracts or 14 days after Robert obtains a grant of probate and becomes the registered proprietor for the purposes of the sale, whichever occurs later. Michael wishes to purchase the property and after obtaining pest and building reports, pays a 10% deposit of [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 26 November 2021. John and Sandra are married. They each have two children from a previous relationship. They attend an appointment with a solicitor regarding their estate planning with a view to making arrangements that provide for each other whilst ensuring that ultimately, all of their children receive equal shares of their estates. The solicitor advises them that they can make “mutual wills” and enter into an agreement, not to change their wills. They proceed with executing wills that leave the whole of their estates to each other when the first of them [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 19 November 2021. Paul enters a commercial lease with VK Holdings. Paul agrees to 3 year term with options to renew. After 9 months Paul is struggling with cash flow. For the past few months, he has managed only partial rent payment and had been unable to pay any rent for the last fortnight. Paul pleads with VK Holdings that he intends to honour the lease and repay monies owed, as he is trying to offload stock and is looking to get an investor onboard. However, VK Holdings relies on a clause in the [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 5 November 2021. Henry meets Mary, who is 20 years his junior. He has 9 children to a previous relationship. Henry and Mary are married a year later. They discuss their estate planning and Mary tells Henry that she is happy to be treated as one of the kids, when it comes to the distribution of his estate. Henry wishes to be fair to his wife and his children and makes a will leaving 10% of this estate to Mary and 10% to each of his children. Under the will, he also permits [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 29 October 2021. Robert and Helen decide to move closer to their daughter, Diane. They had a falling out with their other daughter, Mary several years ago. Robert and Helen wish to disinherit Mary and Diane tells them that if they purchase their new property in Diane’s name, it will be protected against a possible claim by Mary. She also says that it will make things easier in terms of the administration of their estates. Robert and Helen sell their home and purchase their new property in Diane’s name. Robert is diagnosed with [...]