Hypotheticals & Articles

Article by Manny Wood published in the Coffs Coast News Of The Area on 29 November 2024. Robert enters into a de facto relationship with Wendy. Six years after Robert and Wendy commence their relationship, Robert receives a $1 million inheritance from his father’s estate. Later that year, Robert and Wendy buy a house and move in together. A few years pass before their relationship sours and Wendy moves out. Robert continues to occupy the house before he unexpectedly passes-away. He does not have a will. John, Robert’s son from a previous relationship, sees a solicitor regarding his father’s estate. A Title Search is conducted, which reveals [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 22 November 2024. Garry makes a will making various gifts to his two children. Five years later, Garry is diagnosed with cancer and while admitted to hospital, makes another will, favouring one child over the other. He passes-away three days later. Garry’s capacity to make his last will is questioned and the matter proceeds to the Supreme Court. The parties choose to jointly retain a geriatrician to provide medical evidence to the Court as an expert witness. A dispute arises regarding the terms of the draft letter of instruction to the geriatrician and [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 15 November 2024. Larry and Sally enter into a de facto relationship when they are in their 50’s. They each have children to previous relationships. Ten years later, Sally begins a cognitive decline and is soon diagnosed with a progressive form of dementia. Larry and Sally occupy separate rooms before sadly, Sally is placed into an aged care facility to care for her high needs. Larry continues to reside in the matrimonial home, owned solely by Sally. Larry purchases a van, with a wheelchair lift and uses it to transport Sally. The NSW [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 8 November 2024. Harry and Wendy have been married for 7 years before separating. They are unable to reach agreement regarding the division of their assets and the matter proceeds to determination as a “priority property pool case” in Court after Harry files an application and lodges a caveat over the matrimonial home. Harry acknowledges that Wendy made all financial contributions to the acquisition of their assets but says he made non-financial contributions, including in the capacity of homemaker, and due to his future needs, asks the Court to award him 25% of [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 1 November 2024. Samantha has terminal cancer. She consults her solicitor regarding her rights under the Voluntary Assisted Dying (VAD) Act, which commenced late last year. Samantha is advised that the legislated process can allow her to be given medication to bring about her death at a time of her choice. Approval is required from the NSW Voluntary Assisted Dying Board and to be assessed, all eligibility criteria must be met. The person must be an adult who meets residency requirements in NSW and they must have a medical condition that is “advanced [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 25 October 2024. After David’s wife died, he and his daughter Jenny purchased an idyllic property, comprising two cozy homes and enough space for a few cows and a decent garden. However, as with many family ventures, life introduced unexpected challenges that threatened to unravel their peaceful paradise. The trouble began when Jenny invited her partner to live with her. David initially welcomed the addition of an extra set of hands, and he did enjoy Jenny’s partner’s company. However, unfortunately for David, Jenny became more interested in her new friend and David was [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 18 October 2024. Arthur, and his mother Penny, share a rare psychiatric condition. The New South Wales Trustee and Guardian has been appointed as their financial manager and the Public Guardian has been ordered to make medical and lifestyle decisions on their behalf. These orders are the subject of review before the guardianship division of the New South Wales Civil and Administrative Tribunal. The Tribunal hears that Arthur and Penny have been diagnosed as suffering from a delusional disorder known as “folie à deux”. This disorder involves a shared delusion, often with one [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 11 October 2024. Jonny and his best mate, Joan had the Australian public captivated when a friendly bet turned sour. The dispute arose from a bet placed during a match between the Crocs and the Raptors. Jonny, a die-hard Raptors fan, confidently predicted a resounding victory. Joan said I will take $1,000 on the Crocs. Jonny said if you put on $3,000, I will give you 5 to 1 odds. Joan agreed, standing to win $15,000. After a thrilling game that went down to the wire, the Crocs emerged victorious, and Joan claimed [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 4 October 2024. After a recent health scare, Peter decides to talk to a specialist solicitor about putting a Power of Attorney (POA) in place. Peter is advised that a POA allows him to appoint someone (an attorney) to manage his financial affairs. In Australia, a reference to an attorney is not a reference to a lawyer or a solicitor. In fact, an attorney is normally not a lawyer, but a member of one’s family or a friend who is entrusted to manage financial matters. An appropriate attorney may not be the same [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 27 September 2024. When Frank and his wife divorce, their adult daughter, Amanda moves into the matrimonial home with Frank. Amanda contributes to the payment of a lump sum to her mother, in return for her transferring her interest in the home to Frank. Amanda also pays for significant renovations to the property. To protect Amanda’s interest in the home, they enter-into a Deed, transferring the whole property to Amanda in return for Frank retaining a “right to reside in the home for life”. A few years later, Amanda enters-into a relationship and [...]