3 04, 2020

Claim made more than a decade out-of-time

2020-04-03T14:54:02+10:00April 3rd, 2020|

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 28 March 2020. David passed away in 2003. He left the whole of his estate to his second wife, Diane. The estate is distributed to Diane shortly thereafter. When Diane passes away in 2016, her will leaves $100,000 to Penny, a daughter to a previous relationship of David and leaves the rest of her $2 million estate to Diane’s nieces and nephews. Penny believes she is entitled to more from the estate and seeks legal advice. Penny is advised that she is not able to make a claim against Diane’s estate because she was never dependent upon [...]

31 03, 2020

Did You Know: Manny has reached 10 years of service at TBL?

2020-03-31T07:58:43+10:00March 31st, 2020|

Manny started work at the firm in 2010. He started his legal career in Sydney before making the sea change to Coffs Harbour in 2007 and soon settled at Ticli Blaxland as an employee of Sam Ticli and Jack Blaxland.Manny says; “I was attracted to the firm because of its high standards and excellent reputation within the community. I also enjoyed being mentored by the extremely knowledgeable and experienced partners.” […]

27 03, 2020

Uncertainty and risks of a video will

2020-03-27T11:14:44+10:00March 27th, 2020|

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 21 March 2020. Wendy makes a will with her solicitor. Two days later, after considering her wishes further, Wendy makes a video recording with the assistance of her son, expressing her wishes to change some aspects of her will. Wendy dies three months later. […]

26 03, 2020

Litigation Guardian faces risks personally

2020-03-26T15:04:22+10:00March 26th, 2020|

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 14 March 2020. David passes away unexpectedly at the age of 40. He is not in a relationship at the time of his death but he leaves one child, Harry aged 13. David only had a brief relationship with Harry’s mother and had no contact with Harry whatsoever since he was born. David’s will leaves monthly payments to Harry’s guardian, equivalent to his child support obligations, until Harry turns 18. David’s will leaves the rest of his $1 million estate to his two parents. […]

10 03, 2020

Court action to bust Family Trust

2020-03-10T07:58:38+10:00March 10th, 2020|

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 29 February 2020. Robert suffers from a mental illness. Robert has difficulty committing to full-time employment and is often unemployed for several months at a time. Robert makes a claim for permanent disability under his superannuation policy on the basis that he suffers from a “bipolar affective disorder with predominant depressive symptoms”. He receives $250,000 as a result of his claim. Robert’s mother, Joan watches Robert spend the money and is concerned that when she passes away, Robert will squander his inheritance. Joan is also concerned that Robert will not provide proper support for his children. [...]

25 02, 2020

High Steaks: Supreme Court Beef “No Bull”

2020-02-25T08:05:55+10:00February 25th, 2020|

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 22 February 2020. Robert purchases a stud bull from Max at an auction. The Auction Brochure describes the bull as a valuable type of Angus bull. Robert purchases the bull for $30,000 for breeding purposes. Subsequent DNA testing reveals that the bull is not what it seems and is incapable of being registered. Robert commences action in the District Court alleging that Max has engaged in misleading and deceptive conduct. […]

25 02, 2020

Family friction finds its way to the Supreme Court

2020-02-25T07:24:55+10:00February 25th, 2020|

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 15 February 2020. Ruth resides in a retirement village. Ruth’s son, Matthew talks to his mother about his plans to buy a house. Matthew is concerned that he will not be able to obtain sufficient finance to pay the purchase price. Matthew suggests that Ruth contributes to the purchase on the basis that she can reside with Matthew and his wife, Anne. Ruth verbally agrees to pay $150,000 towards the purchase price and Matthew and Anne agree that Ruth can reside in a separate living area in the house for her lifetime. […]

12 02, 2020

Irrational thinking and an unsound mind

2020-02-12T12:53:14+10:00February 12th, 2020|

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 8 February 2020. Mary passes away leaving her whole estate to her niece, Katherine under the terms of a will that she made two years before she passed. The estate comprises of two properties in Sydney, shares and cash totalling $7 million. Mary’s nephew, Ryan challenges the validity of Mary’s will, claiming that she lacked the capacity to make the will and that she did not “know and approve” the contents of the will. Ryan received a one-third share of Mary’s estate under the previous will. […]

12 02, 2020

Blended families face nursing home dilemma

2020-02-12T07:44:33+10:00February 12th, 2020|

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 1 February 2020. Bill, married to his second wife Mary, has two children to a previous relationship. Bill consults his solicitor about making a will that looks after Mary as well as providing for his two children. […]

31 01, 2020

Hospital Sued for Causing Patient’s Paraplegia

2020-01-31T08:18:56+10:00January 31st, 2020|

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 25 January 2020. Bill was planning an expedition to explore the Australian outback. On his way to the outdoor-gear store, he was involved in a serious motor vehicle accident which resulted in him requiring immediate life-saving surgery. Bill was conveyed to the nearest hospital and placed under the care of Dr Simpson, Surgeon.  Before commencing surgery, the theatre Anaesthetist, Dr Gerald, needed to place Bill under anaesthetic. The anaesthetic was stored in a glass vile which itself was placed in disinfectant liquid to ensure its exterior was sterile. […]

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