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Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 3 June 2017. A year after David marries his wife, Joanne, he executes a binding death nomination with the effect that Joanne receives 100% of his substantial superannuation fund, in the event of his death. David executes the binding death nomination in the presence of two witnesses and posts it to his superannuation fund. A month later, David makes a new will, with the assistance of a solicitor. His will leaves the whole of his estate to his mother. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 27 May 2017. Brian is involved in a motor vehicle accident. The other driver is at fault. Brian has insurance with XYZ Insurance and he makes a claim relating to damage to his motor vehicle. XYZ Insurance makes a claim against the other driver on Brian’s behalf. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 20 May 2017. Sally and Sam have been together for many years and each have children to previous relationships. They own a property together as joint tenants and each have substantial assets in their sole names. They are aware that when one of them dies, the survivor will receive the house by way of “survivorship” because they own the house as joint tenants. They therefore make Wills leaving their estate to their respective children. […]

  Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 13 May 2017. When Harry and Sally separate, they affect a property settlement whereby Harry retains the matrimonial home on the basis that he pays Sally $130,000. This figure is arrived at by way of an adjustment between the parties so that they each receive an equal share of their joint net assets. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 6 May 2017. When Robert was 35 years of age, he took out a life insurance policy. He had been receiving treatment for high blood pressure for approximately 2 years and although it was possible that Robert did mention it to the insurance agent, there is no record of this in the proposal application filled-out by Robert. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 29 April 2017. When John, suffering dementia and incapable of managing his affairs, is admitted into a nursing home, his second wife of 20 years, Jane, sells all his property. At John’s expense, Jane buys an expensive car and jewellery, enjoys holiday cruises with her side of the family and gambles. With John’s money, Jane also purchases real estate in her children’s names with a view to building a granny flat on the property. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 15 April 2017. In September 2015, Brian severely injures himself at work. He makes a claim under his employer’s Workers Compensation Insurance and starts receiving weekly payments of compensation. Brian attends regular work capacity assessments and in June 2016, Brian’s doctor finds he has capacity to work up to 20 hours per week. Brian is unsure what to do, so he consults his solicitor.  […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 8 April 2017. Margaret and Ted separated many years ago but never got around to formalizing a divorce. They divided their assets amicably which included selling the matrimonial home and dividing the net proceeds equally. Margaret now resides in a nursing home and was recently diagnosed as suffering from Alzheimer’s disease. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 1 April 2017. Mark and Karen were recently married in 2015. They each have two children to previous relationships. They are looking to buy property together and talk to their solicitor about making new wills. They decide to make “simple” wills appointing each other as executor and leaving the whole of the estate to each other. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 25 March 2017. Maxwell, aged 85 and Tina, aged 40, met in 2003. They maintained communication via email until 2010, when Tina and her son moved in with Maxwell. In 2014, Maxwell and Tina sign a binding financial agreement, with the effect that if their relationship breaks down, they each receive 50% of Maxwell’s substantial assets. […]