Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 19 March 2016. John and Jane have been in a de facto relationship for the last 15 years. They both have children from previous relationships. John and Jane own their home jointly and John is concerned that when he dies, Jane will receive the house and that his children may miss out on their inheritance. […]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 27 February 2016. This is a “rule-of-thumb” time period during which a deceased estate should be distributed. An executor obtains personal protection from creditors if a notice of intention to distribute is published on the Supreme Court web-site and 6 months from the date of death expires. […]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 12 March 2016. When James unexpectedly passes away at the age of 35, his parents, namely John and Jane, dispute the distribution of his superannuation funds. James had no children and was not in a relationship at the time of his death. Although the accumulated balance of his superannuation was not large, there was an insurance policy related to his superannuation fund, which resulted in a death benefit payout of $230,000. […]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 5 March 2016. John decides to ask the Public Trustee (now known as the NSW Trustee and Guardian) to make him a new will. The service is “free”. When John dies unexpectedly in his 50’s, having no children and no spouse, he leaves his estate to his extended family. The beneficiaries include his siblings, nieces and nephews and he leaves the bulk of his estate to his widowed mother. […]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 20 February 2016. John and Jane, both in their 60’s, have been dating for several years and John decides to “pop the question”. Jane accepts his proposal and they make plans to get married. John owns his own home and has a substantial amount of superannuation. He went through a messy divorce and property settlement many years ago. […]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 13 February 2016. Jane makes a will appointing John, her friend, as her executor. When Jane dies, her estate is worth approximately $600,000, including her residence and a substantial sum held in fixed term deposits. […]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 6 February 2016. Jane’s uncle, John, died just 10 days ago. John was a wealthy man who was a widower and had no children. Jane is a beneficiary under the terms of his will. John was in fact, the husband of Jane’s father’s late sister. […]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 30 January 2016. James attended a local night club and following an altercation at 1.30am, he is assaulted by two men, Bill and Bob. James lost consciousness and sustained amnesia, significant dental injuries and psychological issues. James was heavily intoxicated at the time and had no recollection of the incident. He was, however, able to rely on CCTV footage. […]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 23 January 2016. In her later years, Jane starts to have difficulty managing her financial affairs. She had not considered this earlier and had failed to execute a power of attorney. Her son, Matthew, successfully applies to the Guardianship Tribunal for an order that he be appointed as Jane’s financial manager. […]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 16 January 2016. This week’s hypothetical looks at what can happen if your estate is the subject of a claim and a “notional estate” order is sought. Mary had two children, namely John and Jane. Four years before Mary’s death, she transfers ownership of her home, valued at $550,000 to John for just one dollar. The transfer is subject to Mary having the right to reside in the house for the rest of her lifetime. […]