Ticli Blaxland Lawyers

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 18 September 2020. After his father passes-away, Peter discovers that he has been left-out of the will. Peter wants to make a claim against the estate and when he hears that his sister is going to obtain a grant of probate, as the executor named in the will, Peter makes an urgent appointment with a solicitor, with a view to lodging a Will Caveat. A Will Caveat, prevents a grant of probate being made. The grounds upon which a grant of probate can be challenged, include circumstances where there is a later will, [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 11 September 2020. Michael purchases a new motorcycle and on the same day, his partner asks him to make a will before going riding. Michael takes-out his smart phone and makes a video recording. In the recording, Michael states that he wants $30,000 to go to his daughter upon completion of a university degree and that he wants everything else to go to his “girlfriend” Rachel, including all superannuation funds and insurances. He states that he wants nothing to go to his “soon-to-be” ex-wife and also states that he is of sound mind [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 4 September 2020. Sandra was employed as a Nurse when she unfortunately suffered a serious back injury. She was trying to assist a patient into a wheelchair when she heard a snap in her back and felt an immediate shooting pain in her right leg. As a result of her injury, Sandra was unable to return to work. Under the workers compensation scheme, Sandra is entitled to a number of benefits, including weekly wage payments, treatment expenses and a lump sum payout. The workers compensation insurer accepted liability for the claim and commenced [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 28 August 2020. Betty resides in a nursing home. She needs to update her will and execute a power of attorney. Betty is unable to leave the nursing home due to mobility issues and the nursing home is in lockdown due to COVID restrictions. Betty contacts a solicitor and is advised that there are special regulations that have been passed, which allow the documents to be executed and witnessed by video link. Betty provides instructions to the solicitor over the phone. She identifies her assets and provides the solicitor with the names of [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 21 August 2020. John passes-away, leaving a $1 million estate to his three children equally. Six months pass and the executors are ready to distribute the estate. Unfortunately, they are unable to locate one of John’s children, William. The executors distribute two-thirds of the estate to the children that they are able to locate but retain over $300,000 in trust for William. Eight years pass and John’s other children approach the executors about releasing William’s share to them. By this time, the executors are more than happy to finalise the estate but are [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 14 August 2020. Jenny has two children, Penny and David. Jenny owns two houses and makes a will, leaving a house to each of her children. A couple of years before she passes-away, Jenny changes her will and leaves both of the houses to David, effectively cutting Penny out of her will. Penny commences action in the Supreme Court of New South Wales alleging that Jenny did not have the testamentary capacity to make her last will. She also alleges that David applied undue influence in causing her to make the last will [...]

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 7 August 2020. Michael has assets of $2 million. He is not in a relationship and has two adult children and several grandchildren. Michael executed a “simple” will a few years ago, appointing his two children as his executors and leaving the whole of his estate to both of them equally. Michael is concerned that given the potential size of his estate, having a “simple” will may not be suitable and he seeks legal advice regarding his estate planning. His solicitor suggests that Michael makes a new will that establishes testamentary trusts for [...]