Ticli Blaxland Lawyers

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 13 January 2018. Michael and Ruth married, lived together for two years and had a child together. When their relationship broke-down, Ruth commenced proceedings in the Family Court. The court found that the net assets of the relationship at the time amounted to $400,000. The court considered the contributions of the parties during a relatively short relationship and the earning capacity of the parties and ordered that Ruth receive 40% of the asset pool, amounting to $160,000. The parties complied with these orders. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 23 December 2017. John and Josephine and are both retired. John receives a superannuation pension and Josephine receives an Aged Pension from Centrelink. They own their own home as joint tenants. They each have a motor vehicle, have a joint bank account and own some jointly held shares. They make wills leaving their whole estate to each other and if the other is not alive, then to their children equally. Unfortunately, John passes away and Josephine consults a solicitor regarding his estate. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 16 December 2017. Gordon and Janice are in their 50s. Their children have recently moved out of home. While holidaying on the coast, they decide that they are ready for a “Sea Change”. They are excited about giving-up their jobs in Sydney and are looking to buy a business on the coast. Gordon and Janice find a takeaway business that appeals to them and they make an appointment to see a local solicitor, with a good knowledge of the area. Their solicitor informs them that the first step in the process is to undertake “due diligence”. This [...]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 9 December 2017. Penny and Charles have a child together, namely David and separate shortly thereafter. David spends most of his youth with his grandparents. Sadly, David is involved in an incident at the age of 17 and passes away.   Penny and Charles are David’s next-of-kin and a dispute arises between them regarding who the appropriate person is to make David’s funeral arrangements. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 25 November 2017. Many of my columns detail circumstances whereby a will is successfully challenged and I am often asked; “Why bother making a will?”. Here’s why. Although you can’t stop an “eligible person” from making a claim for further provision, proper estate planning that considers the needs of eligible persons and provides them with some provision can prevent a claim. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 18 November 2017. Chris and Karen are married but estranged. They are the sole members of a self-managed superannuation fund. Karen makes a will, appointing her two children as executors. Her will leaves her interest in the superannuation fund to her children and specifically states that she does not wish for Chris to receive a share of her superannuation entitlements. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 11 November 2017. Andrew unexpectedly passes away. He was never married and had no children. He did not leave a will. Andrew and Mary had a “close” relationship for many years. Records produced by Centrelink state that Mary had received Social Security benefits on the basis that she was not in a relationship with Andrew. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 4 November 2017. Lindy, aged 88 is becoming forgetful and needs some help in managing her financial affairs. Lindy is widowed and has no children. Lindy’s nephew, Ben, talks to her about executing an Enduring Power of Attorney to formalise his ability to manage her finances. This would allow Ben to access Lindy’s bank accounts and buy and sell property on her behalf. […]

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 28 October 2017. Fred and Mary have operated a farming business for many years. The farm is based on two large properties that are owned by Fred. Mary owns a residential property in her sole name and has other substantial assets. Fred and Mary have a son and four daughters. Fred makes a will, with the intention of leaving one of the properties, known as “Cow Creek”, to his son and his other property to his daughters. […]