4 02, 2022

Claim to enforce squatter’s rights

2022-02-04T14:32:25+10:00February 4th, 2022|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 4 February 2022. Tim is part of a wealthy family and has inherited a number of properties from various family members over the years. Tim had regularly moved up and down the coast as a younger man and later in life, settled in a small seaside township. Tim had forgotten about a large parcel of vacant land that he inherited 25 years ago. Next to Tim’s vacant land, a conscientious and thrifty developer, ABC Villages Pty Ltd, began to establish a golf course and residential complex. Shortly after construction began, ABC Villages used [...]

27 01, 2022

Parents claim repayment of loan after tragic loss

2022-01-27T09:08:29+10:00January 27th, 2022|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 28 January 2022. David and Jenny wish to purchase their first home. They talk to their bank about obtaining finance and are informed that they will need to source additional funds to proceed. Jenny talks to her parents, who agree to advance her $200,000 to assist with the purchase. At settlement, David and Jenny are registered on title as joint tenants on the advice of their conveyancer. Jenny makes a will, stating that her parents are to be paid a legacy of $200,000 from her estate. Tragically, David and Jenny are involved in [...]

20 01, 2022

Caveats and solemn form grants

2022-01-20T11:15:53+10:00January 20th, 2022|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 21 January 2022. Wendy, aged 88, makes a will leaving her whole estate to her niece, Alice. At the age of 95, Wendy, with the assistance of her other niece Jane, puts her house on the market, with a view to moving into a nursing home. Wendy retains a new solicitor for the purposes of the sale at the recommendation of her real estate agent. Wendy’s house is sold for $2 million and she moves into a nursing home. After a short stay in hospital, Wendy makes a new will, with her new [...]

20 12, 2021

I saw Susie Suing Santa Clause

2021-12-20T14:28:08+10:00December 20th, 2021|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 24 December 2021. It was Christmas Eve and all through the house, not a creature was stirring, not even a mouse. Nothing would stir for the rest of Christmas Eve, nor Christmas Day. A fact that little Susie, could scarcely believe, she didn’t know what to say. Had she been bad enough that year to end up on Santa’s naughty list? The thought was so terrible, yet it did so persist. Although they did not confirm Susie’s fear, the Boxing Day news headlines made everything clear. “After one too many servings of warm [...]

16 12, 2021

Are you on Santa’s good list?

2021-12-16T11:01:54+10:00December 16th, 2021|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 16 December 2021. Johnny, child of Nancy and Donald Carpenter, was a much loved and very spoilt only child. During the year Johnny turned 19, his parents had been encouraged by his strong academic results and told him that if he kept it up, he would definitely be on Santa’s good list. It was the night before Christmas, and Nancy and Donald gave Johnny a very special Christmas card that said, “Johnny, you have been such a good boy and worked so hard at university, we are giving you this special gift.” Inside [...]

9 12, 2021

Litigation to resolve ambiguity in will

2021-12-09T13:46:15+10:00December 9th, 2021|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 10 December 2021. Brian was a wealthy man who owned real estate, shares, cash and an extensive classic car collection. At the time of his death, Brian was married to Julie and had 3 children to his first wife who had died in a car accident 25 years ago. Brian’s will left his real estate and ‘personal effects’ to Julie. His children were left his family heirlooms, photographs, personal papers and the “residue” of Brian’s estate. Brian’s children were appointed as the executors of his will and after obtaining a grant of probate, [...]

2 12, 2021

Conveyancing dispute and claim for default interest

2021-12-02T15:27:42+10:00December 2nd, 2021|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 3 December 2021. Robert’s mother passes away and he is appointed as the executor. Robert asks a conveyancer to draw-up a contract for the sale of his late mother’s home. The contract includes a clause to the effect that settlement is to occur either 30 days after the exchange of contracts or 14 days after Robert obtains a grant of probate and becomes the registered proprietor for the purposes of the sale, whichever occurs later. Michael wishes to purchase the property and after obtaining pest and building reports, pays a 10% deposit of [...]

30 11, 2021

Did You Know: The cost of transferring real estate from a deceased estate?

2021-11-30T12:42:07+10:00November 30th, 2021|

Stamp duty is not payable when transferring real estate to an executor for the purposes of sale. Stamp duty of only $50 is payable when transferring real estate to a beneficiary if gifted under the will or if it is ‘in or towards satisfaction’ of their share of the estate. Stamp duty of only $50 is payable when transferring real estate under a family provision order (will challenge). If real estate is transferred to a beneficiary and its value is more than the beneficiary’s share in the estate, stamp duty is payable on the value of the real estate that is above the beneficiary’s entitlement in [...]

30 11, 2021

Did You Know: You could be Gazumped? 

2021-11-30T11:54:48+10:00November 30th, 2021|

With the current housing market where demand is exceeding supply, the question may be asked is “gazumping” legal? Gazumping is when a vendor agrees or accepts a purchaser’s offer in principle, but prior to exchange the vendor receives and accepts a higher offer, agreeing to sell to someone else. In practice, this might look like a real-estate agent passing on your offer to the vendor, it being accepted, but the contracts not being exchanged straight away. During this time between accepting the offer and the exchange of contracts, the real estate agent is legally required to inform the vendor if a higher offer is made. If [...]

30 11, 2021

Did You Know: That a dead snail led to the most important civil case in history?

2021-11-30T12:48:43+10:00November 30th, 2021|

Okay, so the title may be slight hyperbole, but it is still justifiable. In 1928, Ms Donoghue ordered a ginger beer in an opaque bottle. After finishing most of her refreshing beverage, she tipped the last drops into her glass. A badly decomposed snail came out with it. She became violently ill days later (as you would expect!) and was diagnosed with Gastroenteritis and shock. Fast-forward through almost four years of litigation to 1932 and the House of Lords delivered a judgement which would form the basis of modern civil litigation. The Lords stated that; “You must take reasonable care to avoid acts or omissions which [...]

Go to Top