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Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 3 February 2018. Sally takes her daughter to a dance eisteddfod at an auditorium owned by a local Council. There had been heavy rain on the morning of the function and when Sally walks into the auditorium, she slips on a substantial amount of water which had been dropped-off umbrellas and onto the wooden floor. Unfortunately, Sally receives a severe fracture to her knee, necessitating a total knee replacement. Sally’s solicitor makes a personal injury claim after Sally’s injury stabilises, 18 months after her accident. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 27 January 2018. Fred was widowed many years ago and continues to live in the family home. He is very independent and continues to live in the home for the next six years, with his children keeping an eye on him. Fred is very well-organised and makes sure that his Will is up to date. He also understands the importance of putting in place an Enduring Power of Attorney and Appointment of Enduring Guardian. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 20 January 2018. Jason, 35 years of age, is involved in a motor vehicle accident on 2 December 2017, when a vehicle fails to stop and collides with the rear of Jason’s vehicle. Jason receives a severe whiplash injury to his neck and suffers severe bruising to his chest and abdomen from his seatbelt. Jason is a builder and as a consequence of his injuries, he is unable to return to work. Jason sees a solicitor, who informs him that new legislation has come in to affect, which has drastically reduced the benefits for many claimants. He [...]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 13 January 2018. Michael and Ruth married, lived together for two years and had a child together. When their relationship broke-down, Ruth commenced proceedings in the Family Court. The court found that the net assets of the relationship at the time amounted to $400,000. The court considered the contributions of the parties during a relatively short relationship and the earning capacity of the parties and ordered that Ruth receive 40% of the asset pool, amounting to $160,000. The parties complied with these orders. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 23 December 2017. John and Josephine and are both retired. John receives a superannuation pension and Josephine receives an Aged Pension from Centrelink. They own their own home as joint tenants. They each have a motor vehicle, have a joint bank account and own some jointly held shares. They make wills leaving their whole estate to each other and if the other is not alive, then to their children equally. Unfortunately, John passes away and Josephine consults a solicitor regarding his estate. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 16 December 2017. Gordon and Janice are in their 50s. Their children have recently moved out of home. While holidaying on the coast, they decide that they are ready for a “Sea Change”. They are excited about giving-up their jobs in Sydney and are looking to buy a business on the coast. Gordon and Janice find a takeaway business that appeals to them and they make an appointment to see a local solicitor, with a good knowledge of the area. Their solicitor informs them that the first step in the process is to undertake “due diligence”. This [...]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 9 December 2017. Penny and Charles have a child together, namely David and separate shortly thereafter. David spends most of his youth with his grandparents. Sadly, David is involved in an incident at the age of 17 and passes away.   Penny and Charles are David’s next-of-kin and a dispute arises between them regarding who the appropriate person is to make David’s funeral arrangements. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 25 November 2017. Many of my columns detail circumstances whereby a will is successfully challenged and I am often asked; “Why bother making a will?”. Here’s why. Although you can’t stop an “eligible person” from making a claim for further provision, proper estate planning that considers the needs of eligible persons and provides them with some provision can prevent a claim. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 18 November 2017. Chris and Karen are married but estranged. They are the sole members of a self-managed superannuation fund. Karen makes a will, appointing her two children as executors. Her will leaves her interest in the superannuation fund to her children and specifically states that she does not wish for Chris to receive a share of her superannuation entitlements. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 11 November 2017. Andrew unexpectedly passes away. He was never married and had no children. He did not leave a will. Andrew and Mary had a “close” relationship for many years. Records produced by Centrelink state that Mary had received Social Security benefits on the basis that she was not in a relationship with Andrew. […]