24 06, 2022

What is a notary public?

2022-06-24T16:27:47+10:00June 24th, 2022|

Article by Manny Wood published in the Coffs Coast News Of The Area on 24 June 2022. Vincent migrated from Italy 30 years ago and lives happily on the mid north coast of New South Wales. Vincent’s family remained in Italy and when his father passes away, a dispute arises regarding his estate. Vincent is close to his sister and trusts that she will be able to act on his behalf, when providing instructions to their Italian lawyer. The Italian lawyer prepares a power of attorney, in Italian and asks Vincent to sign the document and that the document be notarised. Vincent contacts a local notary public. [...]

17 06, 2022

Different residences preserve relationship

2022-06-17T17:24:22+10:00June 17th, 2022|

Article by Manny Wood published in the Coffs Coast News Of The Area on 17 June 2022. Jack and Jill have been married for 40 years. 10 years ago, Jack moves out of the matrimonial home and into separate accommodation. Five years ago, Jack is diagnosed with Alzheimer’s disease and moves into an aged-care facility. When Jack passes-away, he is receiving a pension from his superannuation fund. Jill makes an application to the superannuation fund to receive Jack’s pension by way of a “reversionary benefit” on the basis that she is Jack’s spouse. The superannuation fund declines Jill’s application, stating that because they were not living together [...]

31 05, 2022

Voluntary Assisted Dying Bill Passed

2022-05-31T13:31:58+10:00May 31st, 2022|

Article by Manny Wood published in the Coffs Coast News Of The Area on 3 June 2022. This week, we take a break from the usual format of this column to address the recent passing of the Voluntary Assisted Dying Bill, which has been of interest to many of my clients. Although the Bill has been passed, voluntary assisted dying or VAD, is not yet available in New South Wales and is subject to an 18-month implementation period. After decades of debate, the passing of the Bill brings New South Wales in-line with all other states. The ACT and Northern Territory, who are governed by Commonwealth [...]

26 05, 2022

Court-made Will considerations

2022-05-26T09:57:38+10:00May 26th, 2022|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 27 May 2022. Lucas is involved in a serious car accident at 3 years of age. He suffers a severe brain injury which significantly affects his cognitive development. Lucas is placed under the care of the Department of Child Safety. His mother is not involved in his daily care amid accusations of neglect and drug use. His father passes-away a few years later. Lucas spends several years living with his grandmother and his sister before moving into care. He remains close to his grandmother and sister, who visit him frequently. As a result [...]

24 05, 2022

Specialists in Wills and Estates

2022-05-24T11:13:59+10:00May 24th, 2022|

Specialists in Wills and Estates Over the last 10 years, the team at TB Law has specialised in Wills and Estates Law. Principal Solicitor, Manny Wood says “By specialising in Wills and Estates, we can focus our attention on providing legal services in which our solicitors and team of support staff are confident and familiar with providing.” “Because we are well-versed in the field we are also very efficient, which allows us to keep the legal costs down and the turnaround times quick”. “We recommend  going to a firm that specialises in the service you seek. There are serious consequences if the job is not performed [...]

19 05, 2022

Donald had nose bent out of joint

2022-05-19T14:20:55+10:00May 19th, 2022|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 20 May 2022. The Benders were pioneering banana growers in north-east NSW. Brian was the patriarch of the Bender family and when he died, he left his share of the plantations, and commercial properties to his children George and Isobel. George and Isobel continued the tradition and became key members of the Bender business. Isobel loved the life so much she was married underneath a banana tree, and in a few short years she had three beautiful children. Unfortunately, Isobel was tragically killed in an ice-skating accident while on holidays in Florida. When [...]

12 05, 2022

Family provision claim made against brother’s estate

2022-05-12T12:00:02+10:00May 12th, 2022|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 13 May 2022. Barry has never been married and has no children. He has two sisters and a brother named William. William retired from his work as a manual labourer at the age of 55 due to health reasons. He assists Barry in maintaining his home and takes Barry shopping and drives him to his medical appointments. William and Barry, as brothers had a close relationship during most of their lifetimes, until they have a heated argument, regarding William’s driving ability. In response, Barry makes a new will, appointing his two sisters as [...]

5 05, 2022

Joint ownership traps

2022-05-05T10:57:50+10:00May 5th, 2022|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 6 May 2022. John and Tony are good friends who have known each other for many years. They are both looking to buy an investment property and decide to pool their resources and purchase a property together. They find a large rural property which includes two separate dwellings. They each contribute to the purchase price and the payment of stamp duty. John decides to use the larger dwelling for long-term rental accommodation and Tony uses the other dwelling for short-term tourist accommodation. Several years pass until it is discovered that John’s tenants have [...]

28 04, 2022

Plaintiff gambles on success of claim

2022-04-28T15:13:27+10:00April 28th, 2022|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 29 April 2022. Joanne goes through a difficult divorce and later that year is dismissed from employment for stealing funds. She moves in with her mother, Mary and tells her that she has a gambling problem. Several years later, Mary sells her house and gives Joanne and her two other children, an early inheritance of $50,000. Within a couple of months of Joanne receiving the funds, Joanne has spent all of the money on gambling. Mary is concerned about Joanne’s gambling and makes a new will, leaving her just 15% of her estate. [...]

14 04, 2022

Landlady and lodger arrangement leads to claim on estate

2022-04-14T11:26:16+10:00April 14th, 2022|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 15 April 2022. Tina owns her own home and lives alone. She never married and has no children. Tina decides to offer her spare room up for board and Peter soon moves into her house. Peter receives a disability support pension and has not been employed for several years. 10 years later, Tina passes away at the age of 65. Tina leaves the whole of her estate to her brother and sister. Peter challenges Tina’s will, seeking provision from her estate. Peter claims that he was in a de facto relationship with Tina [...]

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