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Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 22 October 2021. Brian and Julie were married in the summer of 1969. They went on to have three children, Kathryn, Paul and Matilda. In 2008, Brian passed-away and left his whole estate to his wife, Julie. Julie then moved in with her son, Paul and he and his family provided her with care. Kathryn married Nick and they tried for several years to have children before undertaking IVF. Julie was hopeful that the IVF program would provide her with more grandchildren. In recognition of Paul’s care and support, Julie updates her will [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 15 October 2021. Amy is quite fond of her Jack Russell terrier, Rosey. As part of her estate planning, Amy wishes to ensure that Rosey is looked-after. She is advised by her solicitor that unless there are specific provisions in her will, Rosey forms part of the “residue” of her estate and becomes the property of her residuary beneficiaries. This can cause difficulties if there are multiple beneficiaries and further complications can arise regarding the cost of Rosey’s care. Amy decides that it is best for Rosey, her executor and her beneficiaries for [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 8 October 2021. Joe is married to Jenny and has two children from a previous marriage. Joe buys a will kit from the local Post Office for $20. Being a man of few words, Joe simply writes ‘I give my children enough money for a deposit on a house and everything else to my wife Jenny’. He then signs his will and Jenny witnesses his signature. Jenny asks him if he would like her solicitor to take a look at his will to make sure that it is all okay. Joe tells her [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 1 October 2021. George and Lily dated for about 9 months before George moved into Lily’s house. Lily’s parents had given her $100,000 to assist her with the purchase of the house. George and Lily had talked about travelling overseas once COVID was ‘under control’ and then planned to begin a family together. Unfortunately, after one year of living together, Lily died in a car accident. Lily did not have a will. George seeks legal advice about the distribution of her estate and George’s solicitor asks him about his relationship with Lily. He [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 24 September 2021. After 30 years of marriage, Daniel and Rachel separate and divorce. They cannot agree on the division of their assets and Daniel commences property settlement proceedings in the Family Court. The Court hears that Rachel has an interest in a testamentary trust by way of an inheritance from her father. The assets of the trust are valued in excess of $3 million and Rachel and her sister are the trustees of the trust and the “primary beneficiaries”. Daniel argues that Rachel is entitled to half of the assets of [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 17 September 2021. Michael and Wendy are involved in a motor vehicle accident. Wendy sustains serious injuries and unfortunately passes-away. They have a 10-year-old son. Michael is charged with dangerous driving occasioning death and enters a plea of guilty. Michael is sentenced to a term of imprisonment of three years. Wendy died without leaving a will and therefore, Michael is entitled to the whole of her estate based on the “rules of intestacy”. However, the “forfeiture rule” prevents a person who has unlawfully killed another person from receiving a benefit. When released from [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 3 September 2021. Wendy marries Harry. She has a daughter to a previous relationship, Penny who lives with her father overseas. Six months after the marriage, Wendy and Harry purchase a home together as joint tenants. Wendy frequently writes to Penny and sends her gifts. Wendy also makes arrangements for Penny to migrate to Australia. Six months later, Wendy withdraws $1000 from her bank account and asks her neighbour to drop her off at the bus stop with a suitcase. All communication with Penny stops. A further six months pass and Harry contacts [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 27 August 2021. Jake belongs to a religious group that practices polygamy. He meets and falls in love with Amy, another member of the group and they are eventually married. A few years into their marriage, Jake has taken two more wives. A religious wedding ceremony is held for each subsequent marriage. Although the law does not recognize polygamy and only Jake and Amy are legally married, in the eyes of their congregation, all three women are his wives. They all share a home together and are, for the most part, financially dependent [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 20 August 2021. John is named as executor in his late father’s will. He seeks legal advice regarding his role and is advised that an executor has the right to make the funeral arrangements. The funeral account can be paid from his father’s savings account and after the payment is made, the account will be frozen. The power of attorney that John held prior to his father’s death is invalid after the date of death. If there is a substantial amount remaining in the savings account, the bank may require a grant of [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 13 August 2021. William lives with his mother, Michelle. She has a history of mental illness and at the age of 75 years, William also becomes her carer. William and Michelle visit a solicitor together and ask the solicitor to transfer Michelle’s home into William’s name by way of a gift. The transfer proceeds and William pays stamp duty on the market value of the property. Two years later, the New South Wales Trustee & Guardian (Public Trustee) is appointed as Michelle’s financial manager and Michelle moves into an aged care facility. When [...]