14 06, 2017

Will your burial wishes be respected?

2017-06-14T08:23:27+10:00June 14th, 2017|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 10 June 2017. John makes a will, appointing his friend, Robert as his executor. The will states that John wishes to be buried. When John dies, his son Ben, makes arrangements with the funeral director. Ben selects a casket and informs the funeral director that his father’s remains are to be cremated. Ben signs an agreement with the funeral director. Robert becomes aware of Ben’s actions and seeks legal advice regarding his rights and obligations as executor. […]

2 06, 2017

Superannuation nomination trap

2017-06-02T08:27:24+10:00June 2nd, 2017|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 3 June 2017. A year after David marries his wife, Joanne, he executes a binding death nomination with the effect that Joanne receives 100% of his substantial superannuation fund, in the event of his death. David executes the binding death nomination in the presence of two witnesses and posts it to his superannuation fund. A month later, David makes a new will, with the assistance of a solicitor. His will leaves the whole of his estate to his mother. […]

24 05, 2017

Claim for Rental Car After Accident

2017-05-24T12:55:49+10:00May 24th, 2017|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 27 May 2017. Brian is involved in a motor vehicle accident. The other driver is at fault. Brian has insurance with XYZ Insurance and he makes a claim relating to damage to his motor vehicle. XYZ Insurance makes a claim against the other driver on Brian’s behalf. […]

24 05, 2017

Conveyancing Traps

2017-05-24T11:20:23+10:00May 24th, 2017|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 20 May 2017. Sally and Sam have been together for many years and each have children to previous relationships. They own a property together as joint tenants and each have substantial assets in their sole names. They are aware that when one of them dies, the survivor will receive the house by way of “survivorship” because they own the house as joint tenants. They therefore make Wills leaving their estate to their respective children. […]

12 05, 2017

Husband penalised for Family Law default

2017-05-12T17:09:13+10:00May 12th, 2017|

  Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 13 May 2017. When Harry and Sally separate, they affect a property settlement whereby Harry retains the matrimonial home on the basis that he pays Sally $130,000. This figure is arrived at by way of an adjustment between the parties so that they each receive an equal share of their joint net assets. […]

11 05, 2017

Turnbull Seeks Higher Penalties for Employers by James Blaxland

2017-05-11T13:56:02+10:00May 11th, 2017|

The Turnbull Government has recently introduced the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 (Bill) into Parliament following widespread media coverage of exploitation of vulnerable workers. The Bill seeks to: increase penalties for ‘serious contraventions’ of certain provisions of the Fair Work Act 2009 (Act); hold franchisors/holding companies responsible for certain contraventions of the Act committed by their franchisees/subsidiaries; and increase the powers of the Fair Work Ombudsman. […]

11 05, 2017

When you are Injured in a Motor Vehicle Accident by Jack Blaxland

2017-05-11T13:32:30+10:00May 11th, 2017|

These are some simple steps to remember if you are ever injured in a motor vehicle accident. Report the accident to the police You should obtain the COPS event number from the police for future reference. It is preferable if the police can actually attend the scene of the accident. Consult your doctor as soon as possible Even in a situation where you have attended a hospital for the purposes of treatment after the accident, you should consult your doctor as soon as possible to advise them of the symptoms you are experiencing. Your doctor should then write down all of the injuries you have received, [...]

10 05, 2017

Wills, Attorneys, and Enduring Guardians by Manny Wood

2017-05-10T17:17:44+10:00May 10th, 2017|

  Wills Why take the risk of making a home-made or online will? Why engage a law firm that will not use their local office to draft your will? Why use an under-funded government agency like the New South Wales Trustee and Guardian? […]

8 05, 2017

Traps with Insurance where full disclosure not made when policy taken out

2017-05-08T15:03:08+10:00May 8th, 2017|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 6 May 2017. When Robert was 35 years of age, he took out a life insurance policy. He had been receiving treatment for high blood pressure for approximately 2 years and although it was possible that Robert did mention it to the insurance agent, there is no record of this in the proposal application filled-out by Robert. […]

8 05, 2017

Wife not excused from spending husband’s money

2017-05-08T14:52:28+10:00May 8th, 2017|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 29 April 2017. When John, suffering dementia and incapable of managing his affairs, is admitted into a nursing home, his second wife of 20 years, Jane, sells all his property. At John’s expense, Jane buys an expensive car and jewellery, enjoys holiday cruises with her side of the family and gambles. With John’s money, Jane also purchases real estate in her children’s names with a view to building a granny flat on the property. […]

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