Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 19 August 2017. Darren’s father, Bruce recently passed-away. Bruce owned a house and had a substantial superannuation fund. Bruce was divorced many years ago and was survived by his three children. Bruce did not have a will. In order to deal with Bruce’s estate, a grant of letters of administration is required. […]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 12 August 2017. Colin, aged 77 and Jane, aged 33 have a three-year-old daughter. Their relationship breaks-down and Jane files an application, seeking property settlement orders under the Family Law Act. Colin concedes that there was an 18-month sexual relationship between them but says it ended in 2014. He says that the sexual relationship did not constitute a “de facto relationship” claiming that they never had a relationship as a “couple living together on a genuine domestic basis”. Accordingly, Colin claims that the court has no jurisdiction to hear the matter and asks the court to dismiss [...]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 5 August 2017. Judy is looking into purchasing a strata unit opposite a park. Judy tells her solicitor that she will not proceed unless she can keep Daisy, her beloved border collie, in the unit. The solicitor obtains a copy of the listing contract for the sale of the property. The contract reveals that the units were built in 2000 and that by-law 16 of the model by-laws has been adopted by the Owners Corporation. Further examination of the contract reveals that there are no special by-laws that have been put in place by the Owners Corporation [...]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 29 July 2017. John and Cynthia have been looking to buy a home for some time, but have missed out on a number of properties where other purchasers have exchanged contracts before John and Cynthia could make the proper enquiries such as obtaining pest and building reports and obtaining legal advice on the contract. This is what is referred to as “gazumping”. […]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 15 July 2017. Nikky decides to renovate her home. Plans are drawn-up, which include the addition of a loft and a new master bedroom. Nikky takes the plans to Mutually Assured Construction Pty Ltd (MAC), a building company specialising in residential renovations. MAC has one employee, John, who is a licenced builder. Nikky informs John that she has an owner-builder permit and that she plans to assist with the renovations by engaging contractors to do specialised work, including laying the slab, the electrical wiring, the brickwork and plastering. She requests the builder do everything else. John agrees [...]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 8 July 2017. Charles makes a will, leaving his Westpac shares and his Smith Street property to his daughter, Jane. He leaves the rest of his estate to his only other child, Richard. Jane is appointed as executor. When Charles passes away, Jane seeks legal advice regarding the administration of his estate. Jane advises her solicitor that the Smith Street property was sold shortly before Charles’ death and that the proceeds of sale were used to pay an accommodation bond so Charles could be admitted into a nursing home. The sale of the home was conducted by [...]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 1 July 2017. David makes a home-made will before he marries Rebecca. The will is properly executed and witnessed. David’s will leaves half of his estate to Rebecca and the other half is left to his two children from a previous relationship. David appoints one of his children, Sam as his executor. David informs Sam that he has made a new will and informs him of its whereabouts. […]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 24 June 2017. Raymond made a will many years ago and his solicitor gave him a copy. Shortly before his death, Raymond reviews his will. He decides that because he has less money in the bank than what he did when he made the will, that the gifts to his grandchildren are no longer appropriate. He has six grandchildren and instead of each receiving $10,000, he wishes to give them a nominal amount of $1,000. […]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 17 June 2017. William makes a will, leaving his motor vehicle to his best friend, Jack. William’s will also leaves 500 Commonwealth Bank of Australia shares to Jack and leaves the rest of his estate to his son, John. Years later, William’s son notices that his father’s motor vehicle needs to be upgraded. He buys his father a new car on the basis that when William passes away, he leaves the car to him. William thinks when he dies, Jack is only entitled to the motor vehicle he owned at the time he made his will [...]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 10 June 2017. John makes a will, appointing his friend, Robert as his executor. The will states that John wishes to be buried. When John dies, his son Ben, makes arrangements with the funeral director. Ben selects a casket and informs the funeral director that his father’s remains are to be cremated. Ben signs an agreement with the funeral director. Robert becomes aware of Ben’s actions and seeks legal advice regarding his rights and obligations as executor. […]