29 02, 2024

Lucy gets last laugh?

2024-02-29T14:08:07+10:00February 29th, 2024|

Article by Manny Wood published in the Coffs Coast News Of The Area on 1 March 2024. Bill and Matilda recently purchased a ‘renovator’s delight’. Lucy, a young builder, was hired by Bill and Matilda to assist with the renovation. The three formed quite the team and enjoyed long working days and the not so occasional knock-off drinks. Their friendship grew strong. One day, Lucy informed her friends that her rental accommodation was coming to an end, and that she was struggling to find housing, as she owns dogs. The three decided that Lucy could purchase the property from Bill and Matilda. As bank finance was not [...]

22 02, 2024

Questions regarding validity of death benefit nomination

2024-02-22T09:03:55+10:00February 22nd, 2024|

Article by Manny Wood published in the Coffs Coast News Of The Area on 23 February 2024. Barry signs a binding death benefit nomination in hospital on the same day that he tragically passes-away. The effect of the nomination is that the whole of Barry’s substantial superannuation fund is to be left to his de facto partner. Barry’s executors say that the death benefit nomination is not valid because Barry lacked the requisite mental capacity at the time he signed the nomination and in the alternative, they claim that he was the victim of unconscionable conduct on the part of his de facto partner. The dispute proceeds [...]

15 02, 2024

Signatory on account accused of misconduct

2024-02-15T12:33:53+10:00February 15th, 2024|

Article by Manny Wood published in the Coffs Coast News Of The Area on 16 February 2024. William obtains accommodation in a nursing home and authorises his friend David to be a signatory in relation to his bank accounts. David agrees to pay William’s bills and rollover his substantial fixed term deposits. During the course of the following 5 years, William’s bank accounts are diminished by approximately $1 million. When William passes-away, his son discovers in his office as executor of the estate, that cash amounts were systematically withdrawn from William’s bank account at his local branch and large amounts were transferred directly to David’s account and [...]

8 02, 2024

Court’s balancing act in disputed Will

2024-02-08T10:06:44+10:00February 8th, 2024|

Article by Manny Wood published in the Coffs Coast News Of The Area on 9 February 2024. Harry passes-away leaving an estate worth $3 million. Harry’s will, prepared 30 years ago, leaves his whole estate to his son, George. He makes no provision for his three daughters. The three daughters make “family provision” claims against Harry’s estate. At the hearing, the daughters ask the Court to award each of them $600,000 and express the view that it is appropriate for them to be treated equally. There is no evidence as to why Harry chose to disinherit his daughters. George submits that the daughters should not be treated [...]

1 02, 2024

Contentious Family Court assessment of contributions

2024-02-01T15:11:17+10:00February 1st, 2024|

Article by Manny Wood published in the Coffs Coast News Of The Area on 2 February 2024. Jack meets Jill, 15 years his junior and after dating for a year, they become engaged to be married. They both bring no substantial assets into the relationship. Jack and Jill enter-into a long-distance relationship for a year before Jack wins the lottery. He says to Jill; “We won the lotto!”. They are married shortly thereafter and Jack purchases a home with the winnings. Jack and Jill move-into the home with Jill’s three children from a previous relationship. Jill’s children move-out five years later and after a couple of years, [...]

29 01, 2024

What are the Odds?

2024-01-29T09:34:56+10:00January 29th, 2024|

Article by Manny Wood published in the Coffs Coast News Of The Area on 26 January 2024. Dave, a creature of habit, purchased a lotto ticket every week. He was a pillar of the community who unfortunately lost his wife, in tragic circumstances, several years ago. Dave maintained a relationship with his mum and his supportive sister. Dave loved his two children, Wayne and Sharon very much and worked hard to provide for them. Tragically, Dave was unexpectedly killed by a lightning strike. However, in a turn of events that can only be described as extraordinary, his lotto ticket that week was a winner, netting a windfall [...]

18 01, 2024

Will contested on mental health grounds

2024-01-18T12:10:28+10:00January 18th, 2024|

Article by Manny Wood published in the Coffs Coast News Of The Area on 19 January 2024. Mal was an eccentric millionaire and later in life he was well known for bouts of mental instability. Mal died and his will left the bulk of his estate to two of his three children. Ronny was given a comparably very small amount due to his vengeful relationship with his father. Ronny, not happy, challenged the will, alleging that his father lacked the mental capacity to make sound decisions regarding his large estate. Ronny’s legal argument hinged on Mal’s well-documented mental health history, alleging to the Court that his father [...]

11 01, 2024

Judge adopts creative approach

2024-01-11T10:10:07+10:00January 11th, 2024|

Article by Manny Wood published in the Coffs Coast News Of The Area on 12 January 2024. Jane’s mother passes-away leaving an estate worth $3 million. Under the will, Jane only receives some of her mother’s jewellery and a gift of $50,000. The rest of the estate is shared amongst her siblings. At the time of executing her will, Jane’s mother also made a statutory declaration stating that she considered the terms of her will in great detail and that the provision that Jane receives under the will was relatively small because she had been estranged from Jane for approximately 10 years and during that time Jane [...]

21 12, 2023

The Tale of the Two Rabbits

2023-12-21T13:10:49+10:00December 21st, 2023|

Article by Manny Wood published in the Coffs Coast News Of The Area on 22 December 2023. On a magical Christmas morning, George, aged 8, and his younger sister Milla, aged 7, woke up to find two adorable and fluffy bunnies under their Christmas tree - gifts from Father Christmas himself. Their parents, however, had their reservations about these new additions to the family, considering they already had a Labrador named Paddy, who was the apple of everyone's eye. Before the arrival of these bunnies, their parents had voiced their concerns to Father Christmas's elves, who assured them that the rabbits would not disrupt their household's balance. [...]

14 12, 2023

Don’t choke on the bone

2023-12-14T14:19:59+10:00December 14th, 2023|

Article by Manny Wood published in the Coffs Coast News Of The Area on 15 December 2023. Helen and her husband separate and they divide their assets amicably. Consent Orders are filed with the effect that Helen receives a substantial lump sum and her husband retains the matrimonial home. Twelve months after separation, an Application for divorce is filed and granted. In light of the divorce, Helen is aware that her ex-husband will not receive anything from her estate when she passes-away and she is happy that her two children will receive the whole of her estate “on intestacy”. She sees no reason to make a new [...]

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