Ticli Blaxland Lawyers

Article by Manny Wood published in the Coffs Coast News Of The Area on 3 March 2023. David, 70 years of age, has three daughters. He makes a will, leaving one of his daughters Penny, just $100 and leaves the rest of his estate to his other two daughters equally. David’s will sets-out the reasons why Penny receives only nominal provision. It states that David had assisted Penny in renovating her house, funded an overseas trip and that she had recently engaged in threatening behaviour, which led to an AVO being made against her. When David passes-away 10 years later, leaving an estate worth $500,000, Penny commences [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 24 February 2023. Di wants to open a custom dress shop and after inspecting a few retail premises, settles on a location. Prior to signing the lease, Di and lessor, Martin, discuss Di’s idea of relaying the floor with a funky tile and paint the shop, as the off-white colour did nothing for the ambience Di sought to create. Di was happy to invest in shop improvements as she intended to sign a 5-year lease with a 5-year option to renew. The shop proved very successful, and after 5 years in the premises, Di [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 17 February 2023. Janine has two children that she raised as a single mother after her and her partner separated in the 1980s. She has not seen her ex-partner since their children turned 18. When Janine was in her late 60s, she met, fell in love with and became engaged to a man named Paul. Before the wedding, Janine instructed her solicitor to make a Will appointing her two children as her executors and naming them as the sole beneficiaries of her estate. Janine and Paul had discussed Janine’s proposed Will and agreed that [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 10 February 2023. Peter has been residing in a strata unit for six years. Barry moves into a unit 5 meters directly below him. Peter soon notices that Barry smokes cigarettes on his balcony and that the smoke drifts up to Peter’s unit. The by-laws of the strata plan do not prohibit smoking cigarettes. Peter proposes a special resolution to adopt a by-law prohibiting smoke drift/penetration but his motion is defeated. Peter writes to Barry, stating that the cigarette smoke is preventing him from using his balcony and that it is causing health [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 3 February 2023. William disappeared 50 years ago, when he was in his mid-20s. He was not married and had no children. William’s sister, Jane discovers that William had superannuation and life insurance. However, Jane is unable to have the funds released because there was no will and no death certificate. Jane sees a solicitor and is advised that she will need to obtain a grant of “letters of administration” to have the authority to claim William’s super and life insurance. This grant is similar to a grant of probate but is made [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 27 January 2023. Adam wants to buy a property but has not obtained finance approval. He instructs his solicitor to add a ‘subject to finance clause’ into the contract which will allow him to secure the property, but also terminate the agreement if he is unable to obtain finance. The clause states that if Adam fails to obtain finance, he will only be required to pay the vendor 0.25% of the purchase price. Liz, the vendor of the property, agrees to the subject to finance clause, if Adam waives his right to the [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 20 January 2023. Robert and his mother, Janice each own neighbouring properties. Robert moves-in with his mother to look after her and decides to rent-out his property. Robert’s work as a truck driver means that he is often away. David has been a good friend of Robert’s for many years and after Robert has problems with his tenants, he talks to David about moving-in. Robert says to David; “If you look after my mother when I’m not there, you can move into my property. All you need to do is pay the rates [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 23 December 2022. It’s gift giving time, so what better time to be reminded of your consumer rights? Meet Dean. Dean decides to buy his 16 year old son, Tom, speakers and an amplifier for Christmas. After Christmas, Tom has his mates over for a party. Disastrously, the speakers blow and the party is a “silent night.” The next day Dean takes the speakers back to the Speaker Shop, seeking a refund or replacement speakers. Charlotte, the Speaker Shop salesperson, questions Dean and Tom regarding the speaker use. Tom says “We were having [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 16 December 2022. Paul makes a will, appointing his best friend and business colleague, Michael as his executor. Paul appoints his brother David as his back-up executor. Paul leaves the whole of his estate to his wife and children. When Paul passes-away, Michael obtains a grant of probate and begins performing his executorial duties and administering Paul’s estate. Two years later, Michael resigns from his senior management role, for health reasons. Michael feels that now that he has effectively retired, he no longer wishes to act as Paul’s executor, despite the fact that [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 9 December 2022. John decides to sell his home and retains a real estate agent in early December. The property is promptly listed for sale. The agent meets with John several times at John’s house and finds John to be quite an easy-going man. The agent does not receive an offer on John’s house until May. John accepts the offer and drives to the agent’s office where he signs the Contract. The agent notices that John is quite agitated. The signed Contract is then forwarded to a solicitor who immediately attempts to contact [...]