30 07, 2020

Contracts to make mutual wills

2020-07-31T11:55:50+10:00July 30th, 2020|

Hypothetical by Manny Wood published on 1 August 2020. Eliza and Paolo are in their late twenties and have been married for three years. They have done quite well financially and are now looking to start a family. With the protection of their future children in mind, they head to their nearest lawyer to discuss estate planning. Their lawyer suggests that they make Wills and enter-into mutual contracts not to change their Wills. They each create a Will giving their whole estate firstly to each other and then to their children after they both die. Eliza and Paolo go on to have three children before Paolo is [...]

24 07, 2020

$300,000 De Facto Claim

2020-07-24T09:50:34+10:00July 24th, 2020|

Hypothetical by Manny Wood published on 25 July 2020. After separating from his wife, Peter commences a relationship with Mary in 2006. Mary has few assets and is 25 years his junior. They keep their finances separate. Peter pays the rent and they share the other expenses. Mary undertakes all of the household cleaning and cooking. Mary has a poor relationship with Peter’s three children from his previous relationship. Mary’s three children move-in with Peter. After Peter’s property settlement with his ex-wife is finalised, he purchases a property for $700,000 and Mary and her children move-in with him. In 2016, Peter and Mary enter into a Binding [...]

21 07, 2020

Husband Sues Hospital for Nervous Shock Arising from Wife’s Death

2020-07-21T10:14:18+10:00July 21st, 2020|

Hypothetical by Manny Wood published on 18 July 2020. In February 2019, Laura was admitted to hospital for abdominal pain, vomiting and diarrhoea. Upon admission, she underwent blood tests and a CT scan of her abdomen which lead to a diagnosis of Crohn’s disease. She was discharged later that afternoon. Three months later, she was re-admitted due to experiencing an exacerbation of symptoms. She was treated with intravenous fluids and transferred to the general ward. Whilst in the general ward, her family raised concerns with the nursing staff about her ongoing pain. Laura was assessed by the medical emergency team and diagnosed with severe dehydration, a mild [...]

16 07, 2020

Doctor Sued for Negligently Causing Unwanted Pregnancy

2020-07-16T15:58:42+10:00July 16th, 2020|

Hypothetical by Manny Wood published on 11 July 2020. In 2018, Denise sought the help of Dr Thompson to become pregnant through IVF. During their initial consultation, Denise advised the Doctor that she did not want a twin pregnancy. Dr Thompson stressed that unless he transferred two embryos, the chance of falling pregnant would be very low. Denise accepted that risk and instructed the Doctor to transfer one embryo only. It was ordinary protocol for IVF patients to instruct the clinic’s embryologist, as well as their Doctor, about the number of embryos they wished to be transferred. The three parties would then have a conference confirming [...]

30 06, 2020

Did You Know: Your friend could make a claim on your estate?

2020-11-19T15:45:11+10:00June 30th, 2020|

Persons with whom you have a “close personal relationship” are eligible to make a claim against your estate if they do not receive proper and adequate provision under your will. This type of claim is known as a family provision claim. Most of you would be aware that spouses (including de facto spouses), children and dependents can make a claim of this nature against her estate, but are probably not aware that an adult who is not related by family can also make a claim. […]

30 06, 2020

Did You Know: Injured motorists can now use the Online Dispute Resolution Service Portal?

2020-06-30T14:02:55+10:00June 30th, 2020|

In NSW, disputes between insurers and injured motorists concerning their statutory benefits are resolved by the Dispute Resolution Service (“DRS”). DRS applications are typically prepared by solicitors on their clients’ behalf, meaning that individuals are reliant on their legal representatives for guidance and clarity on the process. […]

30 06, 2020

A fond farewell to the paper paper

2020-06-30T10:03:53+10:00June 30th, 2020|

Published in the Coffs Coast Advocate on 27 June 2020. It is with a sense of sadness that after 329 columns, I write the last Hypothetical that will be published in a physical version of the Saturday Advocate. I want to take this opportunity to thank the Advocate’s staff for allowing me to contribute for almost seven years. I also want to thank the readers for their support and suggestions. If I had not received the positive feedback that I have over the years, I would not have taken the time to write the column every week. […]

23 06, 2020

Protecting your estate from relationship break-down

2021-04-27T16:25:17+10:00June 23rd, 2020|

Hypothetical by Manny Wood published in the Coffs Coast Advocate on 20 June 2020. As a successful businesswoman, Sally has built up an impressive portfolio worth around $1.5 million.  Sally books an appointment to make a will and tells her solicitor that she would like to split her estate equally between her two children. Sally also mentions that she is concerned about her eldest son, Jim who has been married to Jill for three years, but that the relationship “is looking quite rocky”.  Sally is worried that if Jim and Jill were to separate after Sally died, Jill could make a claim on Jim’s inheritance. Her solicitor suggests [...]

16 06, 2020

Flexibility important to planning

2020-06-16T09:32:29+10:00June 16th, 2020|

Hypothetical by Manny Wood published in the Coffs Coast Advocate on 13 June 2020. Larry has a child to his first marriage, Ken. Larry is now remarried to his second wife, Michelle. Larry makes a will appointing Ken and Michelle as his executors. He leaves his investment property to Ken and grants Michelle the right to reside in his home, in which they both live, for life. Ken then stands to receive Larry’s home when Michelle ceases to reside in the property. The rest of his estate is split equally between Ken and Michelle. When Larry dies at the age of 80, he has been married to Michelle [...]

9 06, 2020

The Digital Attorney

2020-06-09T14:36:14+10:00June 9th, 2020|

Hypothetical by Manny Wood published in the Coffs Coast Advocate on 6 June 2020. Aliesha is an online lifestyle blogger who has found a lucrative niche within the alternative ecofriendly Vegan community. As a result, Aleisha’s new-found popularity on the social media platform Instagram is beginning to attract thousands of followers and make her quite a bit of money. Aleisha is concerned about what would happen to her beloved followers in the event that she lost the mental capacity to continue posting.  She already has a power of attorney and wonders if her attorney, her aging father Scott, would be the right person to continue with her social [...]

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