Hypotheticals & Articles

Article by Manny Wood published in the Coffs Coast News Of The Area on 10 May 2024. Daniel and Amy, in their twenties, purchased their first home a year ago and recently gave birth to their first child. Amy tries to talk to Daniel about their estate planning but Daniel is reluctant to discuss the matter. He says that the subject “gives him the creeps”. A few months pass and they decide to get away for the weekend. Amy’s mother, Mary babysits their child. Tragically, they are involved in a road incident and they never return. Mary seeks legal advice. Mary’s paramount concern is the guardianship of [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 3 May 2024. Harry proposes to Wendy a year after they meet. Wendy says “Yes!” and wedding arrangements commence. Six weeks before the wedding, Wendy asks Harry to sign a prenuptial agreement, saying that her parents will not allow them to marry if he doesn’t sign the agreement. Harry is surprised and upset but nonetheless tells Wendy that he will sign anything to marry her. Wendy sources a solicitor to provide Harry with advice regarding the agreement. Harry signs the agreement but states to his solicitor that he feels he is under duress. [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 26 April 2024. Navigating the realm of probate can often seem daunting, leaving many grappling with its complexities. Fundamentally, probate is the legal validation of a deceased individual's will, cataloguing of the assets of the estate, identifying outstanding debts and taxes, and recording the distribution to beneficiaries. The practical intricacies of probate come to light through the distinct experiences of Brian, Julie and their friend Kathryn. Julie held jointly only owned assets with Brian. Upon his death, Julie sought legal advice, to discover that, due to the joint ownership of their assets, the [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 19 April 2024. John and Judy, both in their 60’s, separate after 40 years of marriage. John built-up a successful business but is now semi-retired. Judy gave-up a career to support John and care for their child, Kevin, who has special needs. Judy is still Kevin’s carer. John and Judy wish to proceed with a property settlement but they are concerned about the legal process. They do not want to be involved in the traditional adversarial system and they are worried about the stress, delays and costs involved. They also feel that the [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 12 April 2024. Paul's will bequeaths his substantial wealth primarily to his children, Harry and Grace. As the executor, Harry is tasked with ensuring Paul's wishes are respected. However, the family faces a dilemma: Grace has been estranged from the family for many years, having moved overseas in her youth. The family understands she moved back to Australia approximately 20 years ago but her whereabouts and other details of her life remain unknown. Harry's duty as executor, is to locate Grace and distribute her inheritance to her. If Grace is untraceable, the estate's [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 29 March 2024. Mary makes a will, leaving the whole of her estate to her five grandchildren. She passes-away with an estate worth $1 million. Mary’s two adult daughters contest the will, seeking provision from her estate. The Supreme Court hears evidence that Mary’s previous will, made some 30 years ago, left the whole of her estate to charity. She had no grandchildren at the time. Mary also left a statement, accompanying her will, stating that her daughters received a substantial inheritance from their aunt, which was later revealed to be in the [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 15 March 2024. A will seeks to ensure your testamentary intentions are upheld but what happens when the will itself goes missing? That's the situation facing Dave’s intended beneficiaries. According to Dave's will, the majority of his estate is left to his two children from his second marriage, Harriet and Daisy and his new de facto partner, Hazel. However, he only leaves a small legacy to his three older children from his first marriage, believing they are already financially secure. Dave keeps his original will at home, but after he is admitted to palliative [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 15 March 2024. Gloria, who was widowed a few years ago, intends to build a self-contained unit on her son’s property. She will use her savings to build the ‘granny flat’ and will rely on the Age Pension to meet her living expenses. She wishes to live in the granny flat for the rest of her life. Gloria seeks legal advice and is advised that with a view to minimising the potential for disputes in the future, the arrangement should be documented in writing. A written agreement will also be useful for Centrelink [...]

Article by Manny Wood published in the Coffs Coast News Of The Area on 8 March 2024. Kate makes a will, leaving $200,000 and her motor vehicle to her friend Peter. She leaves the rest of her estate to her three grandchildren. Six months prior to her death, Kate writes a note stating; “I wish to leave my house to Peter because he was the only one who was there for me in my times of need”. Kate signs and dates the document. She gives the document to Peter later that day. When Kate passes-away, Peter seeks to have the handwritten note recognised. Peter makes an application [...]