17 07, 2018

Jointly owned property trap

2018-07-17T10:44:09+10:00July 17th, 2018|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 14 July 2018. Margaret’s daughter, Penny is getting married to Chris. Margaret gives them a unit that she had been using as an investment property as a wedding gift. The property is transferred into Penny and Chris’ names jointly and Margaret pays the stamp duty. Tragically, during Penny and Chris’ honeymoon, they are involved in a car accident and they are both killed. Penny was 30 years old and Chris was 28 years old when they died. They did not have any children and they had not executed wills. […]

10 07, 2018

Motor vehicle accident entitlements

2018-07-10T10:30:49+10:00July 10th, 2018|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 7 July 2018. In December 2017, Jason is involved in a motor vehicle accident. He sustains soft tissue injuries his neck and lower back and an injury to his left knee resulting in a total medial meniscectomy. The accident was caused by the fault of the other driver. Jason sees his solicitor just prior to Christmas 2017. He is advised that he needs to lodge an application for personal injury benefits within three months of the date of the accident and to receive weekly benefits from the date of the accident, he needs to lodge his [...]

3 07, 2018

Life-support: terminating further treatment

2018-07-03T10:56:54+10:00July 3rd, 2018|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 30 June 2018. Paul and Jane were married a few years ago. When the couple are visiting their friend’s farm, Jane is tragically involved in an accident involving a quad bike. Jane is 30 years old at the time. When Jane arrives at a Sydney hospital, she is unresponsive and sedated. She is diagnosed as suffering from a severe brain injury and the surgeons, neurosurgeons and orthopaedic surgeons agree that Jane is in fact brain dead. […]

26 06, 2018

Resigning as an Enduring Guardian

2018-06-26T16:24:17+10:00June 26th, 2018|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 23 June 2018. Agnes has two children, Robert and John. Agnes decides to appoint Robert as her sole enduring guardian. The appointment of enduring guardian authorizes Robert to make decisions for Agnes if she loses the capacity to make decisions for herself. These decisions include deciding where Agnes lives, deciding what healthcare she receives, deciding what other kinds of personal services she receives and extends to consenting to medical and dental treatment on Agnes’ behalf. […]

19 06, 2018

Workers Compensation Claim for Total Knee Replacement

2018-06-19T10:16:04+10:00June 19th, 2018|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 16 June 2018. Peter, a railway worker, injured his knee when alighting from a train in 1999 and as a result, underwent a total meniscectomy of his left knee. Peter made a workers compensation claim and began receiving weekly payments. Over the years, Peter’s knee deteriorated significantly and in 2016 at the age of 66, Peter was advised that he required a total knee replacement. His whole person impairment (WPI) was assessed at 10%. […]

12 06, 2018

Bill’s unusual will

2018-06-12T09:56:14+10:00June 12th, 2018|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 9 June 2018. Bill makes a home-made will. When Bill passes-away, a number of issues arise. Bill leaves $100,000 to his son, Charles on the condition that he does not contest Bill’s will, seeking further provision. Charles is aware that the gift constitutes a relatively small portion of Bill’s estate and believes he is entitled to a greater share. Charles is concerned that if he contests his father’s will and is unsuccessful, he will also miss-out on the $100,000 gift. Charles obtains legal advice and is informed that the condition is invalid and that Bill’s will [...]

5 06, 2018

Broken promises and legal rights

2018-06-05T09:23:24+10:00June 5th, 2018|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 2 June 2018. Laura (30) is Matthew’s (70) second-cousin. Laura says that Matthew told her; “I will leave everything to you in my will, for all the work that you have done and all the work that you are going to do for me in the future. She says that Matthew repeated words to this effect every three or four months. Laura says that over more than 17 years, in response to Matthew’s promises, she visited him on a weekly basis, when she would cook for him, attend to his grocery shopping, clean his house and [...]

29 05, 2018

Good Fences make Good Neighbours

2018-05-29T09:11:01+10:00May 29th, 2018|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 26 May 2018. Jane and Toby purchase a new house but unfortunately, one of the fences on the boundary is rotting-away and is in a dilapidated state. Jane and Toby approach their neighbour, Fred, to discuss building a new fence. Fred is not willing to contribute to the cost of fencing. He also says that if a fence is necessary at all, it should be a post-and-wire fence and not a colorbond fence as proposed by Jane and Toby. […]

22 05, 2018

Fire ignites insurance dispute

2018-05-22T10:15:04+10:00May 22nd, 2018|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 19 May 2018. Robert and Moira owned a house which was totally destroyed by fire. Their insurance company offered to pay $490,000 which their insurer stated, was the reasonable cost of rebuilding the home. It was not disputed that the home could not be repaired. Robert and Moira claimed that they were entitled to $850,000, being the amount shown on their policy for “buildings sum insured”. This was a difference of $360,000 from the amount offered by the insurance company. […]

15 05, 2018

Rights under contract worthless

2018-05-15T10:04:39+10:00May 15th, 2018|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 12 May 2018. Mary was divorced several years ago and has two adult children. She meets Barry and after a few years they are married. Mary owns her own home and Barry has very few assets. Mary is concerned about her estate planning and researches her options. […]

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