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Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 9 October 2020. Peter and his wife Diane, separate after a 30-year marriage. Two years later, Peter moves in with his girlfriend, Jenny. Peter unfortunately passes-away unexpectedly at the age of 55. When Peter passes, he is still legally married to Diane and they had not formally divided their assets by way of a property settlement. At Peter’s death, he has three children to Diane who are in their 20s. Peter does not leave a will. Peter’s whole estate stands to pass “on intestacy” to Diane on the basis that she is his [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 2 October 2020. Anthony owns a considerably large rural property. He and his three sons operate a family farming business on the property, which is leased from Anthony. The farming business operates successfully for 10 years until Anthony’s relationship with his sons breaks-down after a heated confrontation. He tells them that he is going to sell the property, terminate the lease and disinherit them. The sons commence action in the Supreme Court. The sons claim the benefit of a “proprietary estoppel”, meaning that Anthony should be prevented from changing his mind, given that [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 25 September 2020. Robert owns a two-storey home, worth $1 million but it is subject to a mortgage of $850,000. Robert’s daughter, Wendy wants to move into the property and they come to an arrangement whereby the property is transferred into Wendy’s name on the basis that she pays-out the mortgage. They retain a conveyancer and after Wendy obtains finance approval, the property is transferred. Robert does not obtain legal advice. Wendy, her partner and her two young children move into the top storey of the property and Robert occupies the lower level. [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 18 September 2020. After his father passes-away, Peter discovers that he has been left-out of the will. Peter wants to make a claim against the estate and when he hears that his sister is going to obtain a grant of probate, as the executor named in the will, Peter makes an urgent appointment with a solicitor, with a view to lodging a Will Caveat. A Will Caveat, prevents a grant of probate being made. The grounds upon which a grant of probate can be challenged, include circumstances where there is a later will, [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 11 September 2020. Michael purchases a new motorcycle and on the same day, his partner asks him to make a will before going riding. Michael takes-out his smart phone and makes a video recording. In the recording, Michael states that he wants $30,000 to go to his daughter upon completion of a university degree and that he wants everything else to go to his “girlfriend” Rachel, including all superannuation funds and insurances. He states that he wants nothing to go to his “soon-to-be” ex-wife and also states that he is of sound mind [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 4 September 2020. Sandra was employed as a Nurse when she unfortunately suffered a serious back injury. She was trying to assist a patient into a wheelchair when she heard a snap in her back and felt an immediate shooting pain in her right leg. As a result of her injury, Sandra was unable to return to work. Under the workers compensation scheme, Sandra is entitled to a number of benefits, including weekly wage payments, treatment expenses and a lump sum payout. The workers compensation insurer accepted liability for the claim and commenced [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 28 August 2020. Betty resides in a nursing home. She needs to update her will and execute a power of attorney. Betty is unable to leave the nursing home due to mobility issues and the nursing home is in lockdown due to COVID restrictions. Betty contacts a solicitor and is advised that there are special regulations that have been passed, which allow the documents to be executed and witnessed by video link. Betty provides instructions to the solicitor over the phone. She identifies her assets and provides the solicitor with the names of [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 21 August 2020. John passes-away, leaving a $1 million estate to his three children equally. Six months pass and the executors are ready to distribute the estate. Unfortunately, they are unable to locate one of John’s children, William. The executors distribute two-thirds of the estate to the children that they are able to locate but retain over $300,000 in trust for William. Eight years pass and John’s other children approach the executors about releasing William’s share to them. By this time, the executors are more than happy to finalise the estate but are [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 14 August 2020. Jenny has two children, Penny and David. Jenny owns two houses and makes a will, leaving a house to each of her children. A couple of years before she passes-away, Jenny changes her will and leaves both of the houses to David, effectively cutting Penny out of her will. Penny commences action in the Supreme Court of New South Wales alleging that Jenny did not have the testamentary capacity to make her last will. She also alleges that David applied undue influence in causing her to make the last will [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 7 August 2020. Michael has assets of $2 million. He is not in a relationship and has two adult children and several grandchildren. Michael executed a “simple” will a few years ago, appointing his two children as his executors and leaving the whole of his estate to both of them equally. Michael is concerned that given the potential size of his estate, having a “simple” will may not be suitable and he seeks legal advice regarding his estate planning. His solicitor suggests that Michael makes a new will that establishes testamentary trusts for [...]