19 12, 2016

Testamentary Capacity

2016-12-19T09:16:49+10:00December 19th, 2016|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 17 December 2016. Many years ago, Amanda made a will, appointing her eldest son, Larry as her executor and leaving the whole of her estate to her three children, equally. A few months before her death, at the age of 98, Amanda makes a new will, appointing her youngest child, Tom as executor and granting him the right to reside in her home for the rest of his life. […]

9 12, 2016

Sale of Business tips

2016-12-09T07:44:57+10:00December 9th, 2016|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 3 December 2016. Max and Charlene are looking to buy a fish and chip takeaway food business called A Salt and Battery. Due Diligence They obtain the business’ financial records from the vendor and receive accounting advice regarding the viability of the business. The business is operated out of leased premises and the lease includes an option to renew the lease for a further term. […]

9 12, 2016

Mutual Wills

2016-12-09T07:38:02+10:00December 9th, 2016|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 26 November 2016. Robert and Jennifer each have a child to a previous relationship. They are married in 2000 and consult a solicitor regarding the drafting of their wills. They are advised that one of the options available is to make “mutual wills”. […]

21 11, 2016

Broken Promises and unjust enrichment

2016-11-21T13:24:17+10:00November 21st, 2016|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 19 November 2016. Daniel grew up on a farm owned by his parents Geoff and Barbara. Daniel worked full-time on the farm and at the age of 23, Geoff told him “one day this will all be yours”. At the age of 30, Daniel complained to his father that his weekly wage of $400 per week was not enough pay for him and his wife to stay on the farm. […]

14 11, 2016

Can an injured employee be dismissed because of their injury?

2016-11-14T07:51:26+10:00November 14th, 2016|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 12 November 2016. Diana is the CEO of Pushing Daisies Pty Limited, which owns and operates several store front florists. Pushing Daisies employs two full-time staff to manage and run each store. Sarah is the manager of one of Pushing Daisies’ stores. One day after work, Sarah seriously injures her leg while surfing. Due to the seriousness of the injury, Sarah is told by her doctor that she will be unable to walk for at least three months and may never regain full use of her leg again. Sarah gives Diana the bad news along [...]

7 11, 2016

Parentage Testing – The results are in.

2016-11-07T13:08:36+10:00November 7th, 2016|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 5 November 2016. Peter grew up under the impression that he was Harry’s biological child. When Harry dies, Peter discovers that his will leaves the whole of his estate to his daughter, Joan and appoints her as his executor. […]

2 11, 2016

The recalcitrant executor.

2016-11-02T07:52:08+10:00November 2nd, 2016|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 29 October 2016. This week’s column provides an example of the problems that can arise when appointing an inappropriate executor in your will and the importance of executors obtaining legal assistance to fulfil their duties. […]

2 11, 2016

Will dispute: Court orders parentage testing

2016-11-02T07:48:45+10:00November 2nd, 2016|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 15 October 2016. Peter passes away at the age of 85, leaving a will that appoints his two children from his first marriage, Joan and William, as executors and leaves them the whole of his estate equally. […]

2 11, 2016

Life interests and funds to meet outgoings

2016-11-02T07:41:48+10:00November 2nd, 2016|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 8 October 2016. Mike and Carol are both in their 60s and each have three children to previous marriages. They have been in a de facto relationship for the last 10 years and wish to update their wills to provide, primarily, for each other, but also to protect the interests of their children. […]

20 09, 2016

Lengthy Court delays in parenting disputes

2016-09-20T10:59:42+10:00September 20th, 2016|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 17 September 2016. Jack and Jill married seven years ago. They have three children who are all under five years of age. Jack and Jill’s relationship breaks down and Jack moves into share house accommodation. Both parties are having difficulties dealing with the breakdown of their relationship and are under extreme financial stress. […]

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