25 11, 2021

Blended families and the risks involved with ‘mutual wills’

2021-11-25T14:45:29+10:00November 25th, 2021|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 26 November 2021. John and Sandra are married. They each have two children from a previous relationship. They attend an appointment with a solicitor regarding their estate planning with a view to making arrangements that provide for each other whilst ensuring that ultimately, all of their children receive equal shares of their estates. The solicitor advises them that they can make “mutual wills” and enter into an agreement, not to change their wills. They proceed with executing wills that leave the whole of their estates to each other when the first of them [...]

18 11, 2021

Lease dispute regarding ‘essential term’

2021-11-18T10:30:27+10:00November 18th, 2021|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 19 November 2021. Paul enters a commercial lease with VK Holdings. Paul agrees to 3 year term with options to renew. After 9 months Paul is struggling with cash flow. For the past few months, he has managed only partial rent payment and had been unable to pay any rent for the last fortnight. Paul pleads with VK Holdings that he intends to honour the lease and repay monies owed, as he is trying to offload stock and is looking to get an investor onboard. However, VK Holdings relies on a clause in the [...]

11 11, 2021

Public Trustee removed as financial manager

2021-11-11T14:14:02+10:00November 11th, 2021|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 11 November 2021. Due to a cognitive impairment as a result of a medical condition, Wendy is the subject of orders granting the Public Guardian and the New South Wales Trustee and Guardian (“Public Trustee”), management of her affairs. Several years later, Wendy’s condition improves and she retains a solicitor to make an application, removing the Public Trustee from her management. Wendy instructs her solicitor that she would like her aunt to make significant decisions regarding her affairs on the basis that she trusts her aunt to act in Wendy’s best interests. Wendy [...]

4 11, 2021

Alleged failure to care for late husband

2021-11-04T15:38:11+10:00November 4th, 2021|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 5 November 2021. Henry meets Mary, who is 20 years his junior. He has 9 children to a previous relationship. Henry and Mary are married a year later. They discuss their estate planning and Mary tells Henry that she is happy to be treated as one of the kids, when it comes to the distribution of his estate. Henry wishes to be fair to his wife and his children and makes a will leaving 10% of this estate to Mary and 10% to each of his children. Under the will, he also permits [...]

1 11, 2021

Did You Know: That Jamie and Anthony are taking part in Movember?

2021-11-02T08:14:38+10:00November 1st, 2021|

The month of Movember has come at last and what a month it shall be. The month where moustaches of all shapes and sizes crawl across upper lips for a good cause. Please visit our Movember page and donate if you can https://au.movember.com/team/2408712. If you can't donate, just ask someone if they are doing alright or make an effort to smile at a stranger, you would be surprised the impact that these small gestures can have. Jamie Mo-tivation I am growing a Mo for men's mental health. I have many close mates who have wrestled and are wrestling with the Black Dog. I have even lost [...]

29 10, 2021

Did you know: We have an Executor’s fact sheet?

2021-10-29T15:43:37+10:00October 29th, 2021|

Manny Wood, Accredited Specialist in Wills & Estates, has put together a General Advice outlining the Probate process and the duties of executors and administrators. The General Advice is set-out below and you can find a PDF version here. What is Probate? A Grant of Probate is issued by the Supreme Court of New South Wales. It is formal recognition of the validity of a will and authorises the executors to administer the estate. If there is no will, the Grant is known as Letters of Administration and administrators are appointed instead of executors. It is necessary to obtain a Grant if the deceased owned real [...]

28 10, 2021

Vulnerable persons allege unconscionable conduct

2021-10-28T15:42:23+10:00October 28th, 2021|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 29 October 2021. Robert and Helen decide to move closer to their daughter, Diane. They had a falling out with their other daughter, Mary several years ago. Robert and Helen wish to disinherit Mary and Diane tells them that if they purchase their new property in Diane’s name, it will be protected against a possible claim by Mary. She also says that it will make things easier in terms of the administration of their estates. Robert and Helen sell their home and purchase their new property in Diane’s name. Robert is diagnosed with [...]

21 10, 2021

Confusion over IVF child’s entitlement

2021-10-21T15:04:32+10:00October 21st, 2021|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 22 October 2021. Brian and Julie were married in the summer of 1969. They went on to have three children, Kathryn, Paul and Matilda. In 2008, Brian passed-away and left his whole estate to his wife, Julie. Julie then moved in with her son, Paul and he and his family provided her with care. Kathryn married Nick and they tried for several years to have children before undertaking IVF. Julie was hopeful that the IVF program would provide her with more grandchildren. In recognition of Paul’s care and support, Julie updates her will [...]

14 10, 2021

Special arrangements for a special friend

2021-10-14T11:42:16+10:00October 14th, 2021|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 15 October 2021. Amy is quite fond of her Jack Russell terrier, Rosey. As part of her estate planning, Amy wishes to ensure that Rosey is looked-after. She is advised by her solicitor that unless there are specific provisions in her will, Rosey forms part of the “residue” of her estate and becomes the property of her residuary beneficiaries. This can cause difficulties if there are multiple beneficiaries and further complications can arise regarding the cost of Rosey’s care. Amy decides that it is best for Rosey, her executor and her beneficiaries for [...]

7 10, 2021

Cheap will costs thousands

2021-10-07T11:43:38+10:00October 7th, 2021|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 8 October 2021. Joe is married to Jenny and has two children from a previous marriage. Joe buys a will kit from the local Post Office for $20. Being a man of few words, Joe simply writes ‘I give my children enough money for a deposit on a house and everything else to my wife Jenny’. He then signs his will and Jenny witnesses his signature. Jenny asks him if he would like her solicitor to take a look at his will to make sure that it is all okay. Joe tells her [...]

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