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Family Provision If a will is challenged, it is often by way of a family provision application.   What is a family provision application? A family provision application is a claim made against the deceased estate whereby the plaintiff seeks additional provision to what they receive under the will, if any. In 2018, there were over 1000 applications made in the Supreme Court of New South Wales. […]

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 20 April 2019. After moving into a retirement village, Joyce realises that she is not seeing enough of her family. Joyce’s daughter, Leanne, has a substantial mortgage over her home that she owns with her husband, Trent. She talks to Joyce about the financial pressure of making the mortgage repayments. Joyce and Leanne decide that it would be better for both of them if Joyce sells her interest in the retirement village and they buy a new property with a granny flat for Joyce. […]

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 13 April 2019. Jenny makes a successful claim against the estate of her late grandmother. She is awarded the sum $45,000 on the basis that she was financially dependent upon her grandmother and that her grandmother had made no provision for Jenny in her will. The court orders that the $45,000 sum is to be borne by Jenny’s mother’s share of the estate. Unfortunately, a further dispute arises between the executor of the estate and Jenny in relation to the payment of legal costs. It is normal for a successful claimant to have their legal costs paid [...]

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 6 April 2019. Penny makes a will, leaving the whole of her estate to her second husband Michael and her three children to a previous relationship, on the basis that they each receive an equal share of her estate. Penny also makes a power of attorney appointing Michael as her attorney. Several years later, Penny loses the ability to manage her financial affairs and under the power of attorney, Michael sells an investment property owned by Penny and deposits the proceeds of sales into their joint bank account. When Penny dies, Michael administers her estate under his [...]

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 30 March 2019. David is looking into purchasing a unit in a Strata complex. David examines the contract and is pleased that it contains a special by-law granting him the right to park his vehicle on common property. David exchanges contracts and the matter settles in April 2000. Many years pass and one day David is advised by the body corporate that he does not have a right to park his vehicle on common property and he will need to park his vehicle elsewhere. Apart from the inconvenience, he is concerned about the effect of not having [...]

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 23 March 2019. Mr Smith is travelling by train with a group of friends. He is drinking alcohol. Two police officers speak to Mr Smith and confiscate the alcohol. He swears at the officers and becomes confrontational. At the next stop, the officers direct Mr Smith to leave the train. Mr Smith disembarks and his girlfriend follows. Mr Smith and the officers attempt to persuade Mr Smith’s girlfriend to remain on the train. […]

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 16 March 2019. Brothers, Raymond, Donald and Eric establish a company together known as Brown Laundry Pty Limited. The brothers look-into purchasing a property from which to run the business. The brothers find a suitable property and their company pays the deposit. To finance the balance of the purchase price, loan and mortgage documents are signed by the brothers. However, Raymond had previously been in financial difficulties and Eric was facing an imminent divorce. The brothers therefore decide to register the property in Donald’s sole name. […]